Arch/Structural specs for cabana,pool,hot tub areas

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Construction Contract ' G��w cormzT�oNs conform to the requirements of the Contract Documenu. The Contractor shall afford and provide as required to the Owner and its representatives,satisfactory ' evidence of the qualiry of the materials used and complete information in writing as to where materials to be used in the performance of the Work are being manufact�ired or assembled,and full and frce access to all shops and factories for the purposes of infonning themselves as to the general conditions and progress of the materials to be uscd or installed. The Contractor shall ir�struct such supplieas and manufacturers to give full and accurate infom�ation directly to the Owner or any person or entity designated by the Owner on any questions conceming quality,performance,delivery status and such oiher data as may be requested by the ' , Owner or its designated represencative. The Owner,the Owner's Representative,and al!others designated by the Owner shall,at all times,have free and safe access to the office,shops,and}�d of the Contractor to verify any information about the Wortc given by the Contractor. 33. APPLICA'I'ION FOR PAYMEIVTS � A No Appiication fot Payment will be accepted unless supported by all tequired documentation. B. Refore the Contracto�'s first application for payment(the "Appiication(s)for Payment"), the Contractor shaq submit to the Owner's � Representative a pmposed,comp�ehensive payment sc6edule of values(the"Payment Schedule")allocated to the various portions of the Work and For the Work of each Subcontractor. This Payment Schedule shall be divided so as to facilitate payments W the Contractor and shali be svbstantially in the sequence of performing ihe Contract Work.This Payment Schedule shall be compiled on the form supplied by the Oe+ner's Representative and incorporated into and be a part ofthe Contract Documents as Exhibit E. The Owners acceptance of the Contractor's Payment Schedule shall be a condition precedent to any payment obligation of the Owner. � Applications for Payment shall be based on the accepted Payment Schedule which st�ll be attached thereto and supported by such other documentation ffi may be required and as approved by the Owner,the Ovme�s Representative or its construction lendec No Application for Paynient wilt be accepted unless the application �s supporced by a comptete Payment Schedule approved by the pwner's Representatrve. C. ThisPaym�tScheduleshaltbeusedasthebasisfortheConlractofsperiodicpaymentrequests.TtieContractorsha{Isubmittheformcomplete � and in the number of copies directed by the Owner's Representative;the fonn and copies shall accompany each Application for Payment. D. 1) T7►eContractorshallincludeinanApplicationforPaymentallWork,materialsandequipmentcoveredbytheApptication.Except �set forth in subpazagraph(D)(2),the Owner shall pay Contractor for all on-site Work,materials and equipment Contractor shall provide Owner in ' the nea�t Applicallon for Payment following said paymec►t with properly executed Waivers of Lien in the form of Exhibit C for all such Work,materiais and equipmenk The Contcactor warrants title to a11 Work,materials and equipme�nt upon his receipt of payment therefore from Owner fra and cIear of all liens,claims,security interests or encumbrances,and thai no Work,materials or equipment covered by an Application for Payment will have been acquired by the Contractor,or by any other person perfornung Work at the site or furnishing materials and equipment for the Project,subject to an , agreement under which an interest therein or an encurr►brance thereon is retained by the seller or othenvise imposed by the Contractor or such other person. The Owner shall not be responsible for sueh portion of the Work until the Work has been fulty completed and accepted by the Owner.In each Application for Payment,the Contractor shall require each Subcontractor and material supplier to submit a pmperly executed Partial Waiver of Lien in the fortn of Exhibit C wasving his lien rights to the extent of paymenu previously received 2) If an Application for Payment is made fa materials not instailed in the Work,but suitably stored off-site at a locadon acceptable , to the Owne�'s Representative,such application sha11 be accompanied by legally acceptable paid invoices or bills of sale and copies of delivery tickers, signed by the Contractor,indicating that the Convactor verif ed that the materials shown on the delivery tickets are at the location accepted by the Owner's Representative. Failure of the ConVactor to furnish paid invoices or bitls of sale will be cause for withhotding sucf►amounts from payment until such ' paid invoices or bills ofsale have been received by the Ownets Representative.The Ov►nets Rep�esentative reserves the right to examine the stored items prior to payment. E. Ten percent(10°�)ofthe value of each payment made pursuant to an Application for Payment shall be recained by the Owner and shall be ' so accounted in the Application for Payment Retainage shall be due and payable to ihe Contractor at the Final Payment subject to the conditions of Paragaphs 35, 35 and 37. 34. CERTIFICATES FOR PAYMENT � A In the ev�t that the Owner's Representative dces not accept the Application for Paym�t,he shall retum the Applicarion aad state in writing his reasons for withholding payment B. The Owner's payment to the Contractor or partial or entire use of oceupancy of the Work shal(not constitute an acceptance of any Work or ' materials not in conformity with the requirements of the Contract Doeuments. 35. PAYB�NTS WITE�IELD A The Owner may withhold,setoff,or,on account of subsequently discovered evid�ce,nullify the whole or part of any certificate to such extent , as may be necessary to protect the Owner from loss on account oF I) Failure or refusal ofthe Contractor to perfortn or comply with any terms,wnditions,provisions or obligations ofthis Contract or , any other agreement behvcen the Contractor and the Owner or any of their related companies. 2) Defective Work not remedied. 3) Claims or iiens filed or reasonable evidence indicating probable filing of claims or liens. ' 4) Failure of t6e ConUacior to make payments propedy to Subcontractors or for labor,materials or equipment. 5) A masonable doubt that the Work can be completed for the balance then unpaid. � constra.c�e W810-17 17 �