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IO <br />Applicatton for Progress Pavmenr: <br />14.2. At least ten days before each progress payment falls <br />due (but not more often than once a month), CONTRACTOR <br />shall submit to ENGINEER ,or review an Application for <br />Payment filled out and signed by CONTRACTOR covering <br />the Wr rk completed as of the date of the Application and <br />accompi nied by such •oorting documentation as is <br />required by the Contract ments and also as ENGINEER <br />may reasonably require. It , ,iyment is requested on the basis <br />of materials and equipme:t 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 for Payment shall 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 CONTRACi `IP stating that all <br />previous progress payments received on account of the Work <br />have been applied to discharee in full all of CONTRACTOR'% <br />obligations reflected in prior Applications for Payment. The <br />amount of retainage with respect to progress payments will be <br />as stipulated in the Agreement. <br />CO.%TRAC:'TOR's Warrunty of little: <br />14.3. CONTRACTOR warrants and guarantees that title <br />to all Work, materials and equipment covered by and Appli- <br />cation for Payment, whether incorporated in the Project or <br />not, will pass to OWNER 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 is <br />"Liens"). <br />Review of ,4pplicattons for Progress Pavmenr: <br />14.4 ENGINEER will. within ten ,lays after receipt of <br />each Application for Pavmenr. 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 />cating in writing ENGINEER'% reasons for refusing to recom- <br />mend payment In the latter case. CONTRACTOR may make <br />the necessary corrections and resubmit the Application <br />OWNER shall, within ten days of presentation to him of the <br />Application for Pavment with ENGINEER's rmommenda- <br />non pay CONTRACTOR the amount recommended <br />14 5 ENGINEER's recommendation of any payment re- <br />quested in an Application for Pavment will constitute a rep- <br />resentation by ENGINEER to OWNER. based on ENGI- <br />NEER', on -site observations of the Work in progress as an <br />experienced and qualified design professional and on ENGI- <br />NEER'% review of the Application for Pavment and the <br />accompanving data and .chedules that the Work has pro- <br />gressed to the Iximi indicated. that. iu the hea of <br />ENGINEER'. knowledge. information and belief, the quality <br />of the Work is in accordance with the Contract Documents <br />isubtect to an evaluation of the Work as a functioning Proieci <br />upon Substantial Completion, to the results of anv subsequent <br />teas called for in the Contract Documents and aiA quahtiea <br />iiuns rated in the recommendation and that CONTR 1t <br />TOR is entitled to payment of the amount recommended <br />However, by recommending any such payment ENGINEER <br />µall not thereby be deemed to have represented that exhaustive <br />or continuous on -site inspections have been made to check the <br />quality or the quantity of -he Work, or that the means, <br />methods, techniques, sequences, and procedures of .onstruc- <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 any Work, <br />materials or equipment has passed to OWNER free and clear <br />of any Liens. <br />14.6. ENGINEER's recommem'.., . n of final payment <br />will constitute an additional ;efre.eni.r on by ENGINEER to <br />OWNER that the coodmuns ; ecedent to CONTRACTOR's <br />hung entitled to final payn -7,- as set forth in paragraph 14.13 <br />':Ave been fulfilled. <br />14.?. ENGINEER may refuse io recommend the whole or <br />any part of any payment if. in his opinion, it would he 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 evidence or the results of subsequent in- <br />spections or tests, nullify and such payment previously recom- <br />mended to such extent as may be necessary in ENGINEER': <br />opinion to protect OWNER from loss because: <br />14 '. I the Work i, defective, or :ompicied Work has <br />been damaged requiring :orration or replacement. <br />;4.-.2. written claims have kern made against <br />OWNER or Liens have been filed in .onnwion µith the <br />ork. <br />14 '.3. the Contract Prive has been reduced because of <br />Modifications, <br />14.'.4. OWNER has been required to correct defective <br />Work or complete the Work in accordance with paragraph <br />13.14. <br />14.'.5. of CONTRACTOR's unsaii,faciory prosecu. <br />tion of the Work in accordance with the Contract <br />Documents, or <br />14.'.6 CONTRACTOR's failure to make payment to <br />Subcontractors, or for !abor, materials or equipment <br />Substantial Completion. <br />14.8. When CONTRACTOR considers ;he enure Work <br />ready for its intended use CONTRACTOR shall, in writing to <br />OWNER and ENGINEER. certifv that the entire Work i% <br />suhstantiaily complete and request that ENGINEER issue a <br />certificate of Substantial Complexion. within a reasonable <br />time thereatter. OWNER. CONTRACTOR and ENGINEER <br />shall make an inspection of the Work to determine the status <br />of :ompletion If ENGINEER does not consider the Work <br />,uhsianuall% complete. ENGINEER will notify CONTRAt. <br />TOR in writing giving his reasons therefor If ENGINEER <br />considers the Work substantially complete. ENGINEER will <br />