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

as relieving the Contractor from sole responsibility for the care and protection of materials and Work upon which
payments have been made, or the restoration of any damaged Work, or as a waiver by the College of its rights to require
fulfillment of all terms of the Contract.
10.1.9 Recommendation for Approval of a Requisition for Payment will constitute a representation by the
Construction Manager to the Contracting Officer, based on its inspections at the site and data contained in the
Requisition for Payment, that the Work has progressed to the point indicated; that, to the best of its knowledge,
information and belief, the quality of the Work is in accordance with the Contract Documents; and that the Contractor is
entitled to payment in the amount certified. By recommending approval of requisition for payment, however the
Construction Manager shall not thereby be deemed to represent that he has made exhaustive or continuous on-site
inspections to check the quality or quantity of the Work, or that he has reviewed the construction means, methods,
techniques, sequences or procedures, or that he has made any examination to ascertain how and for what purpose the
Contractor has used the monies previously paid on account of the Contract Sum.
10.1.10 If any corporation licensed to do business in New Jersey shall be or become delinquent in the
payment of taxes due that State, unless under an active appeal process, the Contracting Officer may withhold monies due
the said corporation for the purpose of assuring the payment to the State of such taxes.
10.1.11 The Contractor shall pay each Subcontractor, no later than seven calendar days after receipt of
payment from the College the amount to which the Subcontractor is entitled, reflecting percentages actually retained
from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by
appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors
in a similar manner.
10.1.12 The Contracting Officer will, on request, furnish to a Subcontractor, if practicable, information
regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the
College, Construction Manager and Architect on account of portions of the Work done by such Subcontractor.
10.1.13 The Contracting Officer has the right to request written evidence from the Contractor that the
Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the College to
the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven calendar days,
the College shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither
the College, Construction Manager nor Architect shall have an obligation to pay or to see to the payment of money to
a Subcontractor except as may otherwise be required by law.
10.1.14 The Contracting Officer or its authorized representatives may withhold a Certificate for Payment
or Project Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the College, if in
the Contracting Officer’s or its authorized representatives opinion the representations to the College required by the
Contract Documents cannot be made. If the Contracting Officer or its authorized representatives are unable to certify
payment in the amount of the Application, the Construction Manager will notify the Contractor and The College. If
the Contractor, Construction Manager and Architect cannot agree on a revised amount, the Contracting Officer or its
authorized representatives will promptly issue a Certificate for Payment or a Project Certificate for Payment for the
amount for which the Contracting Officer or its authorized representatives are able to make such representations to
the College. The Contracting Officer or its authorized representatives may also withhold a Certificate for Payment
or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a
Certificate for Payment or Project Certificate for Payment previously issued, to such extent as may be necessary in
the Contractor Officer’s or authorized representatives opinion to protect the College from loss for which the
Contractor is responsible, including loss resulting from the acts and omissions because of
(1) defective Work not remedied;
(2) third party claims filed or reasonable evidence indicating probable filing of such claims
unless security acceptable to the College is provided by the Contractor;
(3) failure of the Contractor to make payments properly to Subcontractors or for labor,
materials or equipment;
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