2013-086A - Laserfiche WebLink

Home Browse Search

ENGINEER's observations on the Site of the make any examination to ascertain how or for executed Work as an experienced and qualified what purposes CONTRACTOR has used the design professional and on ENGINEER's moneys paid on account of the Contract Price, review of the Application for Payment and the or to determine that title to any of the Work, accompanying data and schedules, that to the materials, or equipment has passed to best of ENGINEER's knowledge, information OWNER free and clear of any Liens. and belief: 5. ENGINEER may refuse to recom- a. the Work has progressed to the point mend the whole or any part of any payment if, indicated; in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred b. the quality of the Work is generally in to in paragraph 14.02.B.2. ENGINEER may accordance with the Contract Documents also refuse to recommend any such payment (subject to an evaluation of the Work as a or, because of subsequently discovered functioning whole prior to or upon evidence or the results of subsequent Substantial Completion, to the results of any inspections or tests, revise or revoke any such subsequent tests called for in the Contract payment recommendation previously made, to Documents, to a final determination of such extent as may be necessary in quantities and classifications for Unit Price ENGINEER's opinion to protect OWNER from Work under paragraph 9.08, and to any loss because: other qualifications stated in the- recommendation); and a. the Work is defective, or completed Work has been damaged, requiring c. The conditions precedent to correction or replacement; CONTRACTOR's being entitled to such payment appear to have been fulfilled in so b. the Contract Price has been reduced far as it is ENGINEER's responsibility to by Written Amendment or Change Orders; observe the Work. c. OWNER has been required to correct 3. By recommending any such defective Work or complete Work in accor- payment ENGINEER will not thereby be dance with paragraph 13.09; or deemed to have represented that: (i) inspec- tions made to check the quality or the quantity d. ENGINIFFR hoc ar tual knewledg of of the Work as it has been performed have then�,.,,,,rron,o r f any of the ovon+c oni imor_ been exhaustive, extended to every aspect of ated On paragraph 15.02.A. the Work in progress, or involved detailed inspections of the Work beyond the responsi- C. Payment Becomes Due bilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may 1. Ten days after presentation of +ho not be other matters or issues between the parties that might entitle CONTRACTOR to be ENGINEER's the -ar^unR paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of D. Reduction in Payment recommending payments nor ENGINEER's recommendation of any payment, including final 1. OWNER may refuse to make payment, will impose responsibility on payment of the full amount recommended by ENGINEER to supervise, direct, or control the ENGINEER because: Work or for the means, methods, techniques, sequences, or procedures of construction, or a. claims have been made against the safety precautions and programs incident OWNER on account of CONTRACTOR's thereto, or for CONTRACTOR's failure to performance or furnishing of the Work; comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. b. Liens have been filed in connection Additionally, said review or recommendation will with the Work, except where not impose responsibility on ENGINEER to CONTRACTOR has delivered a specific 00700-General Conditions REV 04-07.doc 00700-39 FAPublic Works\ENGINEERING DIVISION PROJECTS\1306 Oslo Road(E of 15th Ave SW)Pipe Culvert Improvemenl\Admim\bid documents\00700-General Conditions REV 04-07.doc