Res 1979-036 - Laserfiche WebLink

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I I 7. PAYMENT (a) Payment shall be made in accordance with the payment schedule incor- porated in this agreement as soon as practicable upon submission of statements requesting payment by the engineer to the owner. If no such pa}'lI'Ient schedule is incorporated in this agreement, the payment provisions of paragraph (b) of this clause shall apply. (b) The engineer may request monthly progress payments and the owner shall make them as soon as practicoble upon submission of statements requesting pay- ment by the engineer to the owner. When such progress payments are made, the owner may withold up to ten (10) percent of the vouchered amount until satis- factory completion by th~ engineer of work and services within a step called for under this agreement. When the owner determines that the work under this agreement or any specified task hereunder is substantially complete and that the amount of retain~d percentages is in excess of the amount considered by him to be adequate for his protection, he shall release to the engineer such excess amount. (c) No payment request made under paragraph (a) or (b) of this clause shall exceed the estimated amount and value of the work and services performed by the engineer under this agreement. The engineer shall prepare the estimates of work performed and shall supplement them with such supporting data as the owner may require. (d) Upon satisfactory completion of the work perfonned under this agreement, as a condition preceuen"t to final payment under this agreement or to settlement upon termination of the agreement, the engineer shall execute and deliver to the owner a release of all claims against the owner arising under or by virtue of this agreement, other than such claims, if any, as may be specifically exempted by the engineer from the operation of the release in stated amounts to be set forth therein. 8. PROJECT DESIGN (a) In the performance of this agreement, the engineer shall, to the extent practicable, provide for maximum use of structures, machines, products, materials, construction methods, and equipment which are readily available through competi- tive procurement, 01." through standard or proven production techniques, methods, and processes, consist.ent with 40 CFR 35.936-3 and 35.936-13 in effect on the date of execution of this agreement, except to the extent to which innovative technology may be used under 40 CFR 35~908 in effect on. the date of execution of this agreement. (b) '1'he engineer shall not, in the performance of the work under this agree- ment, produce a desi'Jl) or specification which would require the use of structures, machines, products, materials, construction methods, equipment, or processes which the engineer knows to be available only from a sole source, unless the engineer has adequately justified the use of the sole source in writing. (c) The engineer shall not, in the perforrnance of the work under this agree- ment, produce a design or specification which would be restrictive in violation of sec. 204 (a) (6) of the Clean Water Act. This statute requires that no specifi- cation for bids or statement of work shall be written in such a manner as to con- tain proprietary, exclusionary, or discriminatory requirements other than those based ~pon perfomance, unless such requirements are necessary to test or demon- strate a specific thing, or to provide for necessary interchangeability of parts and equipment, or at least two brand names or trade names of comparable quality or utility are listed and are followed by the words "or equal." With regard to materials, if a single material is specified, the engi~eer must be prepared to Page 4 of 8 pages