Reso 2005-814 - Laserfiche WebLink

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14.02 Progress Paymenrs A. Appl;cQ/;ons lor Payments I. At least 20 days before the date established for each progress paymem (but DOt more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supponing documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in rhe Wort but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Paymenl shall also be accompanied by a bill of sale, invoice, or other docu- mentation warrantiog that OWNER bas received the materials and equipmenl free aDd clear of aU Liens and evidence dlat the materials aDd cquipmem are covered by appropriate property iDsurm:e or ocher arrangements to procect OWNER', interest therein, all of whic:h must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on accoUnl to discharge CONTRACTOR's legitimale obligations associated with prior Applications for Payment. 3. The IIDOUIII of retaiDage with respecl to pro- pas paymenIS will be as Itipu1ated in the Agreemeut. B. Rniew of Appliaztions 1. ENGINEER will. widdD 10 days after receipt-of . each AppIicadoa for Paymeal. eidIer Indi~ in wridag. I I"CCOIIIDIeDda of paymeal aad present: cbe Application to OWNER or retum the Application to CONTRACTOR iadicatiDa in writiDa ENGINEER's rcuons for refusing to recom.mead payment. In the laner cue, CONTRACTOR may make the ~ISary corrections and resubmit the Application. 2. ENGINEER', rec:omnv'-lIlhdoo of 111)' paymeat requesced in In AppIicaDoa for Payment will constitute I represeawioa by ENGINEER ro OWNER. based on ENGINEER', obIctvadons 011 dJe Site 0( die exccurcd Wort.. mapeaieaccd IIId qualified desfp prvfessioa- .. UId oa ENGINEER'. .mew 0( die Applicatioa for Paymeu aad die IlCCOIIIpIII)'i data IDd schedules, dw ID Ibe best of ENGINEER', bIowIedge, iaformadoa aDd belief: 00700 - 37 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Conlract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a fmal determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications Slated in the recommendation); and c. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGI- NEER will DOt thereby be deemed to have represented that: (i) inspections made to c:beck rbe qualicy or rbe quantity of die Work as it has beea performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically ISsiped to ENGINEER in the Contract Documents; or (il) that there may not be other matters or issues between the parties that might emitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold paymem to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR', Wort for tile purposes of recom. m~i,,& paymems DOr ENGINEER', 'recomrnl'!lld-tion of my pI)'IIIeIIt. iDcludias fiDaI pI.)'IIIeItt. wiD impose reapoasibiIiI:y OIl ENGINEER ro superriIe. cUrect. or cammllbe Wart or far Ibe -. medaodI,. rec:Imiques, '.: sequeacft,:or pmcedures of.coasuacdoa. or Ibe safety .' . .':.' ~ ad proatawl. fntoideat 1bereto, or for CON- : TRACI'OR!, failure to:anaply widl LawlIDd Regu- lations applicable to CONTRACI'OR's performaace of dJe Work. Additionally, said review ci rec:oDllDelldation wiD DOC impose responsibility 011 ENGINBBR to mate 111)' enwnillJl(ioD to ucertaiD bow or for wbaI purposes CONTRACI'OR bas used tile IDaIIeYI paid on ICCOUDt of cbe Conlncc .Price, or to defermiae Ihat title ro my of cbe Work, materials, or equjpmem bas passed to OWNER free aDd clear of 111)' Uau. 5. ENGINEER may refuse to recomllV'-lld rbe whole or my pan 0( my paymeal if, III ENGINEER'. opiDioa. II MJUIcf be lDcotag(l( ro mate cbe ~- tioas ro OWNER referred 10 Ia paragrapb 14.02.B.2. ENGINEER may also refuse ro r=ommeud my such paymeat art because of IUbsequeady discovered evideaee or die resuIfI of IUbsequeOl ~ or fatS,