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1340 Baldur Park Road - 08-117-23-31-0015
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Project Packet
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rw. <br />w <br />L� <br />r <br />s <br />+.. <br />Application for Progress Pavment: <br />14.2. At least ten days before each progress payment fall: <br />due (but not more often than once a month). CONTRACTOR <br />shall submit to ENGINEER for review ru Application for <br />Pavment filled out and signed by CONTRACTOR covering <br />the Work completed as of the date of the Application and <br />accompanieu by such supporting documentation as is <br />required by the Contract Document, and also as ENGINEER <br />may reasonably- require. If payment is requested on the basis <br />of materials and equipment not incorporated in the Work but <br />delivered and suitably stored at the site or at another location <br />agreed to in writing, the Application fur Pavment :hall also be <br />accompanied by such data. satisfactory to OWNER, as will <br />establish OWNER's title to the material and equipment and <br />protect OWNER's interest therein, including applicable <br />insurance. Each subsequent Application for Payment shall <br />include an affidavit of CONTRACTOR stating that all <br />previous progress payments received on account of .he Work <br />have been applied to discharge to full all of CONTRACTOR'; <br />obligations reflected in prior Applications for Payment. The <br />amount of retainage with respect ;o progress payments will be <br />as stipulated in the Agreement. <br />CO.%TR.4CTOR's Is or.antc ui Title <br />14.3. CONTRACTOR warrams and gu. rantees that title <br />to all Work. material, and equipment covered by anv Appli- <br />cation for Payment. whether incorporated in the Project or <br />not. will pass to O%\ NER at the time of payment free and <br />clear of all liens, claims. security interests and encumbrances <br />thereafter in these General Conditions referred to as <br />"Liens"). <br />Re. iew of Applications for Progress PaYment: <br />14 4 ENGiNECR will, within ten days after receipt of <br />each Application for Pavment, either indicate in writing a rec- <br />ommendation of payment and present the Application to <br />OWNER, or return the Application to CONTRACTOR indi- <br />..ating in writing ENGINEER's reasons for refusing to recom- <br />mend payment In the latter case. CONTRACTOR may make <br />the necessary cirrections and resubmit the Application <br />OWNER shag, within ten days of presentation to him of the <br />Application for Pavment with ENGINEER's recommenda- <br />tion pay CONTRACTOR the amount recommended <br />14 S. ENGINEER's recommendation of any payment re- <br />quested in an Application for Payment will constitute a rep- <br />resentation by ENGINEER to OWNER, based on ENGi- <br />NEER's on -litre observations of the Work in progress as an <br />experienced and qualified design professional and on ENGI- <br />NEER's review [`. a Application for Payment and the <br />accompanying and schedules that the Work has pro- <br />gressed to tht ,joint indicated, that, to the best of <br />ENGINEER's knowledge, information and belief, the quality <br />of the work is in accordance with the Contract Documents <br />(subject to an evaluation of the work as a functioning Proiect <br />upon Substantial Completion, to the results of any subsequent <br />tests called for in the contract Documents and any qualifica- <br />tions stated in the recomrr-nlatlon and that CO%TR (_ <br />TOR is entitled to pavment of the amount recommended <br />However, by recommending am such payment ENGINEER <br />will not thereby be deemed to have represented that e(hausolle <br />or continuous on -site inspections have been made to -he.k ;he <br />quality or the quantity of the Work. or that the means, <br />methods, techniques, sequences, and procedures of construc- <br />tion have been reviewed or that any examination has been <br />made to ascertain how or for what purpose CONTRACTOR <br />has used the moneys paid or to be paid to CONTRACTOR on <br />account of the Contract Price, or that title to anv work, <br />materials or equipment has passed to OWNER free and clear <br />of any Liens. <br />14 b :"r,'NEER'i recommendation of Enal payment <br />will constitute an additional representation by ENGINEER to <br />OWNER that the conditions precedent to CONTRACTOR's <br />being emitled to final payment as set forth in paragraph 14.13 <br />have been fulfilled. <br />14.- ENGINEER may refuse ;o recommend the whole or <br />any part of any payment if, in his opinion, it would be Incor- <br />rect to make such representations to OWNER. He may also <br />refuse to recommend any such payment, or. because of subse- <br />quently discovered eviden:c or the results of subsequent in- <br />spections or tests, nullify and such payment previously recom- <br />mended to such eytent as may be necessary in ENGiNEER's <br />)pinion to protect OWNER from loss because. <br />14.'.I the work a defective. or :ornpleted Work has <br />been damaged reu-imng correction or replacement. <br />14.'.: written claims have been made against <br />OWNER or Liens have been filed in connection with the <br />Work, <br />14.'.3. the Contract Price has seen seduced Because of <br />Modifications. <br />14.'.4. OA NER has been required to correct defective <br />work or complete the work in accordance wi,h paragraph <br />13.14, <br />14 ' S of CONTRACTOR's unsatisfactory prosecu- <br />tion of the Work in accordance with the Contract <br />Documents, or <br />14.- 6 CONTRACTOR'S failure to make oavment to <br />Subcontractors. or for labor. materials or equipment <br />Substantial Compietroft. <br />14A. When CONTRACTOR .onsiders the entire Work <br />ready for its inter.ded use CONTRACTOR shall, in writing to <br />OWNER and ENGINEER. :catty that the entire Work s <br />substantially complete and request that ENGINEER Issue <br />cernficate of Substantial Completion. Within a reasonable <br />r•me thereafter. OWNER. CONTRACTOR and ENGINEER <br />shall make an inspection of the work to determine the status <br />of completion. if ENGINEER .loos not consider the work <br />iubstantially complete, ENGINEER will notify CONTRAC- <br />TOR in writing g-ving his reasons therefor If ENGINEER <br />:onsiders the Work substantially :omplete. ENGINEER will <br />0.0 <br />
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