03-12-1984 Council Packet - Laserfiche WebLink

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... filled all of his obligations under the Contract Documents, Engineer will, ask within ten days after receipt of the final Application for Payment, indicate in writing his recommendation of payment and present the application to Owner for payment. Thereupon Engineer will give written notice to Owner and Con- tractor that the Work is acceptable subject to the provisions of Section 10.12. Otherwise, Engineer will return the Application to Contractor, indi- cating in writing the reasons for refusing, to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the +�• Application. If the Application and accompanying documentation are appropri- ate as to form and substance, Owner shall, within thirty days after receipt thereof pay Contractor the amount recommended by Engineer. If, through no fault of Contractor, final completion of the Work is significantly delayed thereof and if Engineer so confirms, Owner shall, upon receipt o': Contractor's final Application for Payment and recommendation of Engineer, ano without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required ,.., herein, the written consent of the Surety to the payment of the balance due for that portion of ttie Vork fully completed and accepted shall be submitted by Contractor to engineer with the Application, for such payment. Such payment shall be made under the terms and conditions go%erning final payment, except that it shall not constitute a waiver of claims. 10.12 CONTRACTOR'S CONTINUING OBLIGATION Contractor's obligation to perform and complete the Work in accordance with the C nLLact Documents shall be absolute. Neither recommendation of any prog- ress or final payment by Engineer, nor the issuance of a certificate of Sub- stantial Completion, nor any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner nor any failure to do so, nor the issuance of a notice of acceptability by Engineer pursuant to Sections 10.10 or 10.11, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contrac- tor's obligation to perform the Work in accordance with the Contract Documents. 10.13 WAIVER OF CLAIMS The makinC .nd acceptance of final payment shall constitute: 10.13.1 4 waiver of all claims by Owner against Contractor, except claims } arising 'rom unsettled Liens, from defective work appearing after final in- spection prusuant to Section 10.9 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it shall not constitute a waiver by Owner of any rights in respect to Contrac- tor's continuing obligations tinder the Contract Documents; and 10.13.2 A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. r - 36 - 3S9Sa 4/81 r