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
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