Encl. (1) to COMDTINST 16460.5
the deficiency and the remedy or information required by the USCG to process the request for
payment.
3.4
Release of Liens. The Contractor shall defend, indemnify and hold harmless the
USCG from all claims of lien for labor, materials and equipment furnished under this Agreement.
Prior to the final payment, the Contractor shall furnish to the USCG, as a part of its final payment
request: (1) a certification, satisfactory to the USCG, that all the Contractor's obligations, monetary
claims and indebtedness relating to the Contractor's Work have been satisfied and paid; and (2)
complete and legally effective releases or waivers, satisfactory to the USCG, of all liens which
could arise out of, arising out of or filed in connection with the Contractor Work, including liens of
Contractor's suppliers of materials and labor.
3.5
Final Payment. Upon completion of all the Contractor Work under this Agreement,
the Contractor shall certify to the USCG, in writing, that it has fully performed its obligations
pursuant to this Agreement and shall request final payment. Upon receipt of such certification, the
USCG will inspect the Contractor Work and, if the Contractor Work is acceptable, the USCG shall
pay to the Contractor all remaining monies due it under the provisions of this Agreement within
thirty (30) days of receiving an acceptable final payment request from the Contractor. The
acceptance by the Contractor of the final payment shall release the USCG or its contractors related
to all things done or furnished in connection with the Contractor Work, from all claims which could
be brought by the Contractor or its subcontractors related to all things done or furnished in
connection with the Contractor Work, unless the Contractor has provided to the USCG, in writing,
the nature and amount of the dispute prior to acceptance of the final payment. If there is a dispute
between the USCG and/or the Contractor, such dispute shall be settled prior to said releases being
granted. No payment, however, final or otherwise, shall operate to release the Contractor or its
sureties from obligations under this Agreement, the performance bond, payment bond, if any, and
warranties made by the Contractor.
ARTICLE 4. CHANGES AND DELAY
4.1
Changes. The USCG may order changes in the Contractor Work not inconsistent
with the general scope of this Agreement.
4.2
Change Orders. As provided in Section 4.1, all additions to or deductions from the
Contractor Work shall be performed only pursuant to an approved change order signed by the
USCG. Adjustments in the compensation, if any, resulting from such changes shall be set forth in
said change order. No claim for compensation shall be valid unless changes in the Contractor
Work are properly authorized by a change order signed by the USCG as provided herein. The
Contractor must assert its right to an adjustment under this clause within 10 days after receipt of a
2
Previous Page
