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

(4) reasonable evidence that the Work cannot be completed for the unpaid balance of the
Contract Sum;
(5) damage to the College or a separate contractor;
(6) reasonable evidence that the Work will not be completed within the Contract Time, and
that the unpaid balance would not be adequate to cover actual or liquidated damages for
the anticipated delay; or
(7) repeated failure to carry out the Work in accordance with the Contract Documents.
10.1.15 When the above reasons for withholding certification are removed, certification will be made for
amounts previously withheld.
10.1.16 The Contracting Officer or its authorized representatives may reduce line items previously
approved and paid should it be found that the work represented as complete is rejected or not complete. Held
retainage will not serve for these discoveries.
10.1.17 If the Contracting Officer withholds certification for payment under this article, the College may,
at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to
whom the Contractor failed to make payment for Work properly performed or material or equipment suitably
delivered.
10.1.18 Withholding Payment for Non-Delivery of Data:
(a) If technical data such as "As Built" drawings, reports, spare parts lists,
repair parts lists, or the like, or instructions books (including operational and
maintenance manuals), or any part thereof, are not delivered within the time
specified by this contract or are deficient upon delivery, the Contracting Officer
shall at its discretion, withhold from each invoice a percentage (in addition to any
other retainage required by the Contract) or the contract price in accordance with
the following table.
When total contract
Percentage to be
price is withheld is .
Less than $250,000
5% of total contract
$250,000 to $1,000,000 2% of total contract
Over $1,000,000
1% of total contract
(b) The withholding of any sums pursuant to this Article shall not be
construed as, or constitute in any manner, a waiver by the College of the
Contractor's obligation to furnish the data required under this contract. In the event
the Contractor fails to furnish these items, the College shall have those rights and
remedies provided by law and pursuant to this contract in addition to, and not in
lieu of, the sums withheld in accordance with this Article.
(c) Separate line items based on corresponding percentage representing the
above data shall be included in the schedule of values as follows:
As-Built Drawings
Closeout Documents
10.2 Application for Payments
10.2.1 An Application for Payment is a written request for payment under the Contract for supplies delivered
or for service rendered. In order to be proper, an invoice must include as applicable the following:
(a)
Total Amount - Payee Name and Address - Department/Agency - Payee
RCNJ Project No.: 09-270.1C - 43 -