Reso 2016-2525 - Laserfiche WebLink

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provided, each such individual item has a value of more than $5,000 and will become a permanent part of the Work. The Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that the CONTRACTOR has received the materials and equipment free and clear of all liens, charges, security interests, and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the OWNER's interest therein, all of which will be satisfactory to the OWNER. 14.4 CONTRACTOR'S WARRANTY OF TITLE A. The CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by an Application for Payment, whether incorporated in the Work or not, will pass to the OWNER no later than the time of final payment free and clear of all liens. 14.5 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT A. The OWNER'S REPRESENTATIVE will, within seven (7) days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to the OWNER, or return the Application to the CONTRACTOR indicating in writing the OWNER'S REPRESENTATIVE's reasons for refusing to recommend payment. In the later case, the CONTRACTOR may make the necessary corrections and resubmit the Application. Thirty days after presentation of the Application for Payment with the OWNER'S REPRESENTATIVE's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.5B) become due and when due will be paid by the OWNER to the CONTRACTOR. B. The OWNER may refuse to make payment of the full amount recommended by the OWNER'S REPRESENTATIVE because claims have been made against the OWNER on account of the CONTRACTOR's performance of the Work or Liens have been filed in connection with the Work or there are other items entitling the OWNER to a credit against the amount recommended, but the OWNER must give the CONTRACTOR written notice within seven (7) days (with a copy to the OWNER'S REPRESENTATIVE) stating the reasons for such action. 14.6 PARTIAL UTILIZATION A. The OWNER shall have the right to utilize or place into service any item of equipment or other usable portion of the Work prior to completion of the Work. Whenever the OWNER plans to exercise said right, the CONTRACTOR will be notified in writing by the OWNER, identifying the specific portion or portions of the Work to be so utilized or otherwise placed into service. B. It shall be understood by the CONTRACTOR that until such written notification is issued, all responsibility for care and maintenance of all items or portions of the Work to be partially utilized shall be borne by the CONTRACTOR. Upon issuance of said written notice of partial utilization, the OWNER will accept 00700-34/39 SiL