Home Improvement Siding Kitchen Windows Vinyl Pools Patio Security 0113

Section 8 – Measurement and Payment

Any violation or non-compliance with Contractor’s legal responsibilities (see Section

6, “Legal Relations and Responsibilities”, of these Specifications), including

withholds for wages adjustments in accordance with California Labor Code Section

1727 and any fines incurred by the Agency as a result of the Contractor’s actions.

When, under the provisions of the Contract, the Agency charges any sum of money against

the Contractor, the Agency will deduct and retain the amount of such charge from a Progress or

Final Payment. If, on completion or termination of the Contract, sums due the Contractor are

insufficient to pay the Agency charges against the Contractor, the Agency has the right to

recover the balance from the Contractor or the Contractor's surety.

8-9 DEDUCTIONS FOR IMPERFECT WORK

For any portion of the Work retained in accordance with Section 5-19, “Right to Retain

Imperfect Work”, of these Specifications, the Agency will deduct from a Progress Payment a just

and reasonable amount.

8-10 LIQUIDATED DAMAGES FOR DELAY

All parties to the Contract agree that time is of the essence, and that the Work shall be

completed within the time stated in the Special Provisions, plus any time extensions as provided

in Section 7-18, “Extension of Time”, of these Specifications. The Contractor’s failure to

complete the Work within the time allowed will result in damages to the Agency. Because it is

impracticable to determine the actual amount of damage by reason of such delay, the

Contractor agrees that the sum(s) set forth in the Special Provisions is (are) a reasonable

amount to be charged for liquidated damages. It is agreed that the Contractor shall pay to the

Agency the sum set forth in the Special Provisions for each and every day’s delay beyond the

time prescribed in the Contract, and the Contractor further agrees that the Agency may deduct

and retain the amount thereof from any monies due or to become due the Contractor under the

8-11 FINAL ESTIMATE AND PAYMENT

Subsequent to Field Acceptance as detailed in Section 7-21, “Final Inspection and Field

Acceptance”, of these Specifications, the Contractor shall provide a proposed Final Payment

request, segregated as to Contract item and Contract Change Order work.

The Agency will review the proposed Final Payment request and, after deducting all

previous payments and all amounts to be deducted, withheld, and/or retained under the

provisions of the Contract and Public Contract Code Section 7107, shall create the Final

Payment request. All Progress Payments shall be subject to correction in the Final Payment.

Within fifteen (15) Calendar Days after the proposed Final Payment request is returned to

the Contractor, the Contractor shall submit to the Agency a written approval of said request or a

written statement of exceptions. The Contractor’s statement of exceptions shall be in sufficient

detail for the Agency to ascertain the basis and amount of the exceptions; failure to provide the

detail shall be sufficient cause for denial of the exceptions. Any claim of the Contractor or the

Contractor’s Subcontractors or suppliers with respect to the performance or breach of the

Contract or any alterations thereof (except for payment of the balance of the Contract price as

set forth in the Final Payment request) not specifically set forth in the statement of exceptions, is

waived by the Contractor. If the Contractor fails to file a statement of exceptions within the time

allowed, the Agency will infer acceptance of the final Progress Payment request as submitted to