Project Manual 11-210C - Ramapo College of New Jersey

10.1 Contractor Payments from the College
ARTICLE 10
PAYMENTS AND COMPLETION
10.1.1 The College will make progress payments monthly as the work proceeds, or at more frequent intervals
as determined by the Contracting Officer, on estimates approved by the Contracting Officer. Unless otherwise directed,
the Contractor shall furnish Schedule of Amounts for Contract Payments, (Unit Schedule breakdown) of the total
contract price showing the amount included therein for each principal category of the work, in such detail as requested,
to provide a basis for determining progress payments. The schedule, as approved, shall be used only as a basis for the
Contractor's estimates for progress payments and approval by the Contracting Officer does not constitute acceptance of
the allocability and allowability of costs to a specific element of work. The Contractor is cautioned that no payment
requests shall be approved until the Unit Schedule Breakdown has been approved in writing, by the Contracting Officer
or its authorized representative.
10.1.2 In the preparation of estimates, the Contracting Officer, at its discretion, may authorize material
delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at
locations other than the site may also be taken into consideration if (1) such consideration is specifically authorized by
the contract and (2) the Contractor furnishes a Form entitled Summary of Stored Materials, and Agreement and Bill of
Sale Certification for Stored Materials, respectively.
10.1.3 In making such progress payments for Work, the College will retain 10% of the approved Invoice of
Payment until final acceptance and completion of all Work covered by the Contract. All material and work covered by
progress payments made shall thereupon become the sole property of the College, but this provision shall not be
construed as relieving the Contractor from the sole responsibility for the care and protection of all materials and work
upon which payments have been made or the restoration of any damaged work, or as waiving the right of the College to
require the fulfillment of all of the terms and conditions of the Contract.
10.1.4 If performance or payment bonds are required under this contract, the College shall pay to the
Contractor the total premiums paid by the Contractor to obtain the bonds. This payment shall be paid at one time to the
Contractor together with the first progress payment otherwise due after the Contractor has (1) furnished the bonds
(including coinsurance and reinsurance agreements, when applicable), (2) furnished evidence of full payment to the
surety company, and (3) submitted a request for such payment. The payment by the College of the bond premiums to
the Contractor shall not be made as increments of the individual progress payments and shall not be in addition to the
contract price.
10.1.5 Upon completion and acceptance of all work, the amount due the Contractor under this contract shall
be paid upon satisfactory completion, by the Contractor, of all contract close-out requirements, completion of a College
audit on all contract values and payments, and after the Contractor shall have furnished the College with a release of
claims against the College, arising by virtue of this contract, other than claims in stated amounts as may be specifically
excepted by the Contractor from the release.
10.1.6 Upon satisfying the above conditions the Contractor shall submit a properly executed invoice for final
payment to the College.
10.1.7 If, for any reason, the Contractor refuses final payment, the project shall be closed out by the College
unilaterally processing a Final Acceptance Certificate. All residual funds will be held in escrow by the College until all
claims of the College and all Contractors are satisfied.
10.1.8 In addition to other warranties required by provisions of the Contract and Specifications, the
Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to
the College, either upon incorporation into the construction or upon receipt of payment by the Contractor, whichever
occurs first, free and clear of all liens, claims, security interests or encumbrances. This provision shall not be construed
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