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previous progress payments received on account of the Work have been applied <br />on account to discharge CONTRACTOR's legitimate obligations associaled <br />taith prior Applications for Payment <br />3 The amoud ofrcWnage with respect to pro -grecs payments vaill <br />he as copulated in the Agreement <br />1 Review o(Applicarinns <br />1 ENGINEER will, within 49 L4 days after receipt of each <br />Application for Paymcnt, either indicate in writing a recommendation of <br />payment and present the Application to OWNER or return the Application <br />to Ct MCRACTOR indicating in writing ENGINEER's reasons for refusing <br />fa pa)menL In the latter case. CONTRACTOR may make the <br />necessary correcitons and resubmit the Application. <br />2 ENGINEER's recommendation of any payment requested in an <br />Application for Payment will constitute a representation by ENGINEER to <br />OWNER, based on ENGINEER's observations on the Site of Ilse executed <br />Work as an experienced and qualified design professional and on <br />ENGINEER's review afthe Application for Payment and the accompanying <br />data and schedules, that to the best of ENGINEER's knowledge, <br />information and belief- <br />a_ <br />elief <br />a the Work has progressed to the point indicated, <br />b the quality oftbe Work is generally in accordance with the <br />Contract Documents (subject to an evaluation of the Work as a <br />functioning whole prior to or upon Substantial Completion, to the <br />results of any subsequent tests called for in the Contract Documents, <br />to a Gaal determination ofquantilies and classifications for Ural Price <br />Work under paragraph 9,09, and to any other qualifications stated in <br />the reeoinmendation), and <br />a, the conditions precedent to CONTRACTOR's being <br />entitled to such payment appear to have been fulfilled in so far as it Ls <br />ENGINEER's responsibility to observe the Work <br />3. By recoffirowding any such payment ENGINEER will not <br />thereby be deemed to have represented that: (i) inspections made to check <br />the quality or the quantity ofthe Work as it has been performed have been <br />exhaustive, extended to every aspect ofthe Work in progress; or involved <br />Mailed inspections ofthe Work beyond the responsibilities specifically as- <br />signodlo ENGINEER in the Contract Documents; or (ii) that there may not <br />be other mam or issues between the parties that mnght entitle CONTRAC- <br />TOR to be paid additionally by OWNER or entitle OWNER to withhold <br />payment to CONTRACTOR. <br />4, Neither ENGINEEWs review of CONTRACTOR's Work for <br />the purposes of recommending payments nor ENGINEER's reeommencia- <br />lion ofany payment, including final payment, will impose responsibility on <br />ENGINEER to supervise, direct, or control the Work or for the means, <br />es, sequences, or procedures of lion, or the safety <br />precautions and programs incident thereto, or for CONTRACTOR's failure <br />to comply with Laws and Regulations applicable to CONTRACTOR's <br />performance ofthe Wale Additionally, said review or recommendation will <br />oat impose responsibility on ENGINEER to make any examination to <br />ascertain how or for what purposes CONTRACTOR has used the moneys <br />paid err account of the Contract Price, or to determine that title to any ofthe <br />Work, materials, orequipment Inas passed to OWNER free and clear of any <br />Liew. <br />5. ENGINEER may refuse to recommend the whole or any part of <br />any payment i$ in ENGINEER's opinion, it would be intoned to make the <br />representations to OWNER referred to in paragraph 14.02.13.2, ENGI- <br />NEER may also refuse to recommend any such payment or, because of <br />subsequently discovered evidence orthe results ofsubsequent inspections or <br />tests, revise orrevokc any such payment recorrimcridirfion previously made, <br />to such extent as may be ntce=ary in ENGINEER's oPution to protect <br />OWNER from loss because_ <br />a. the Work is defective, or completed Work has been <br />requiring correction or replacement; <br />b. the Contract Price has been reduced by Written <br />Amendment or Change Orders; <br />c OWNER has been required to correct defective Work or <br />complete Work in accordance with paragraph 13 09; or <br />d. ENGINEERhas actual knowledgeofthe occurrenceofany <br />of the events enumerated to paragraph 15.02.A. <br />C, J'ayrneni Becomes Due <br />,I Ten days after presentation of the Application for Payment to <br />OWNER with ENGINEER "s recommendation, the amount recommended <br />will (subject lathe provisions of paragraph 14.02.D) became due, and when <br />due will be paid by OWNER to CONTRACTOR. <br />2 Not withdandMg.the above naragranh. if the Work is to beamid for <br />from monies received by the OWNER from other entities such as <br />orant <br />fun_& letter-of-cre& etc) and where the OWNER must make <br />aaplicefion in order to receive said monies. the OWNER olay_t up <br />Loan additional 45 days for payment to accomplish said application <br />D Reduction in Payment <br />I OWNER may refuse to make payment of the full amount <br />recommended by F.NGINLER becausei <br />a claims have been made against OWNER on account of <br />CONTRACTOR's performance or f wiishutg of the Work; <br />b Liensbave been filed in connection with the Work, except <br />where CONTRACTOR has delivered a specific Bond satisfactory to <br />OWNER to secure the satisfaction and discharge of such Liens, <br />C. there are other items entitling OWNER to a set: off agatnst <br />the amount recommended; or <br />d OWNER has achud knowledge of the occurrence of any of <br />Lheevents criumariled in paragraphs 14,02.1.5 a through 14,02 B 5.c <br />or paragraph t5.02.A. <br />2. If OWNER refuses to make payment of the full amount <br />recommended by ENGINEER, OWNER must give CONTRACTOR <br />immediate wripen notice (with a copy to ENGINEER) stating the reasons <br />for such action and promptly pay CONTRACTOR any amount remaining <br />after deduction of the amount so withheld. OWNER shall promptly pay <br />CONTRACTOR die amount so withheld, or any adjustment thereto agreed <br />to by OWNER and CONTRACTOR, when CONTRACTOR corrects to <br />OWNER's satisfaction the masons for such actino <br />3. If it is subsequently determined that OWNER's refusal of <br />payment was not justified, the amount wrongfully wilhbeldshail be treated <br />as an amount due as determined by paragraph 14.02.C.I <br />1403 CONTRACTOR's Warranty of Tirle <br />A CONTRACTOR warrants and guarantees that title to all Work, <br />materials, and equipment covered by any Application for Payment, whether <br />incurpnnidad inthe Project or not, will pass to OWNER no later than the time of <br />payment free and clear of all Liens - <br />1404 Substantial Completion <br />A When CONTRACTOR considers the entire Work ready for its <br />intended use CONTRACTOR shall notify OWNER and ENGINEER in writing <br />that the aunt Work is substantially complete (except for items specifically listed <br />by CONTRACTOR as incomplete) and request that ENGINEER issue a <br />certificate of Substantial Cornplelion. Promptly LhereaAer, OWNER, CON- <br />TRACTOR, and ENGINEER shalt make an inspection ofthe Work to determine <br />the status of completion. If ENGINEER dors not consider the Work <br />substantially complete, ENGINEER will notify CONTRACTOR in writing <br />giving the reasons therefor. V ENGINEER considers the Work substantially <br />complete, ENGINEER will prepare and deliver to OWNER a tentative <br />cerlifhcale of Substantial Completion which shall fix the date of Substantial <br />ration. There shall be attached to the certifroaie a tentative list of iters to <br />be completed or corivdrd before final payment OWNER shall have iteven 20— <br />days <br />®days after receipt of the tentative certificate during which to make written <br />objection to ENGINEER as to any provisions ofthe ce&ficate or attached list. <br />007200-23 <br />