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RFP No. 14-11-01 NE 174th St. Roadway Improvements
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<br />CONTRACTOR is not making satisfactory progress or there is other specific cause <br />for such withholding. <br /> <br />Final Release of Lien: <br /> <br /> 14.2 The OWNER shall have the right to demand and receive from the <br />CONTRACTOR, before he shall receive final payment, final releases of lien <br />executed by all persons, firms or corporations who have performed or furnished <br />labor, services or materials, directly or indirectly, used in the Work. Likewise, as a <br />condition to receiving any progress payment, the OWNER may require the <br />CONTRACTOR to furnish partial releases of lien executed by all persons, firms <br />and corporations who have furnished labor, services or materials incorporated into <br />the Work during the period of time for which the progress payment is due, <br />releasing such lien rights as those persons, firms or corporations may have for that <br />period. <br /> <br />Contractor's Warranty of Title: <br /> <br /> 14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials <br />and equipment covered by an Application for Payment, whether incorporated in <br />the Project or not, will have passed to the OWNER prior to the making of the <br />Application for Payment, free and clear of all liens, claims, security interests and <br />encumbrances (hereafter in these General Conditions referred to as "Liens"); and <br />that no work, materials or equipment covered by an Application for Payment will <br />have been acquired by the CONTRACTOR or by any other person performing the <br />Work at the site or furnishing materials and equipment for the Project, subject to <br />an agreement under which an interest therein or encumbrance thereon is retained <br />by the seller or otherwise imposed by the CONTRACTOR or such other person. <br /> <br />Approval of Payments: <br /> <br /> 14.4 The ENGINEER will, within ten days after receipt of each Application for <br />Payment, either indicate in writing his approval of payment and present the <br />Application to the OWNER, or return the Application to the CONTRACTOR <br />indicating in writing his reasons for refusing to approve payment. In the latter case, <br />the CONTRACTOR may make necessary corrections and resubmit the <br />application. The OWNER will, within thirty days of presentation to him of an <br />approved Application for Payment, pay the CONTRACTOR the amount approved <br />by the ENGINEER. <br /> <br />Representation: <br /> <br /> 14.5 The ENGINEER'S approval of any payment requested in an Application for <br />Payment shall constitute a representation by him to the OWNER, based on the <br />ENGINEER'S on-site observations of the Work in progress as an experienced and <br />qualified design professional and on his review of the Application for Payment and <br /> <br />City of Sunny Isles Beach <br />NE 174th Street Roadway Improvements <br />00700- <br />36 <br />General Conditions <br />14-1758 / 09-19-2014 <br />
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