02-11-1985 Council Packet - Laserfiche WebLink

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filled all of his obligations under the Contract Documents, Engineer will, within ten days after rer.ei of the final Application for Payment, indicate in writing his recommendai n 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 docums!ri ation are appropri- ate as to form and substance, Owner shall, within thirty days after receipt thereof pay Contractor the atr:ount recommended by Engineer. if, through no fault of Contractor, final completion of the Work is significantly delayed thereof an4 if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment and recommendation of Engineer, and 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 he retainage stipulated in the Agreement, and if Rands have been furnished as required herein, the written consent of the Surety to the payment of the balance due for that portion of *tie Work fully completed and accepted shall he .submitted by Contractor to en, eer with the Application for such payment. Such payment shall be made under the terms and conditions governing fine' payment, except that it shall not constitute a waiver of claimH. 10.12 CONTRACTOR'S CONTINUING OBLIGATION Contractor's obligation to perform and complete the Work in accordance with the Contract 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 thy f)wnrr 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 i:i accordance with the Contract Documenta. 10.13 WAIVER OF CLAIMS The making and acceptance of final payment shall constitute: 10.13.1 A waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective work appearing after final it- spection pursuant to Section 10.9 (it from failure to comply with the Con' t Documents or the terms of any special guarantees specified therein; hnwi it shall not constitute a waiver by Owner of any rights in respect to Costrac- tor's continuing obligations under the Contract Documents; and 10.13.2 A waiver )f all claims by Contractor against owner other then those previously made in wiitin►{ and atilt +insettled, } 4191 to ElU; : _