2187 RES CITY COUNCIL AT ITS REGULAR MEETING ON 14TH DAY OF JUNE 1982 APPROVE ADVERTISEMENT FOR BIDS

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to final payment have been fulfilled. However, by issuing a Certificate for Payment, the Engineer shall not thereby be deemed to represent that he has made exhaustive or continuous on-site inspections to check the quality or quantity of the Work or that he has reviewed the construction means, methods, techniques, sequences or procedures, or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys previously paid on account of the Contract Sum. After the Engineer has issued a Certificate for Payment, the City shall make payment within thirty days. No certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the City, shall constitute an acceptance of any Work not in accordance with the Contract Documents. The Engineer may decline to approve an Application for Payment in whole or in part, to the extent reasonably necessary to protect the City from loss because of: l. defective work not remedied, 2. third party claims filed or reasonable evidence indicating probably filing of such claims, 3. failure of the Contractor to make payment properly to Sub- contractors or for labor, materials or equipment, 4. reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum, 5. damage to another contractor, 6. reasonable indication that the Work will not be completed within the Contract Time, or 7. unsatisfactory prosecution of the Work by the Contractor. When the above grounds are removed, payment shall be made for amounts withheld because of them. If the Engineer should fail to issue any Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the City should fail to pay the Contractor within thirty (30) days after the date of payment established in the Agreement any amount certified by the Engineer or awarded by arbitration, then the Contractor may, upon seven (7) additional days written notice to the City and the Engineer, stop the Work until pay- ment of the amount owing has been received. Upon receipt of written notice that the Wark is ready for final in- spection and acceptance and upon receipt of a final Application for Pay- ment, the Engineer will promptly make such inspection and, when he finds the Work acceptable under the Contract Documents and the Contract fully I - 14