2008-009 (2) - Laserfiche WebLink

Home Browse Search

• progress payments and will be incorporated into a TRACTOR may make the necessary form of Application for Payment acceptable to ENGI- corrections and resubmit the Application . NEER. Progress payments on account of Unit Price Work will be based on the number of units completed . 2. ENGINEER's recommendation of any payment requested in an Application for 14.02 Progress Payments Payment will constitute a representation by ENGINEER to OWNER , based on r A. Applications for Payments ENGINEER's observations on the Site of the executed Work as an experienced and quali- 1 . At least 20 days before the date fied design professional and on ENGINEER's established for each progress payment (but not review of the Application for Payment and the •' more often than once a month), accompanying data and schedules, that to the CONTRACTOR shall submit to ENGINEER for best of ENGINEER's knowledge, information review an Application for Payment filled out and and belief: • signed by CONTRACTOR covering the Work completed as of the date of the Application and a . the Work has progressed to the point accompanied by such supporting indicated ; documentation as is required by the Contract • Documents. If payment is requested on the b . the quality of the Work is generally in basis of materials and equipment not accordance with the Contract Documents incorporated in the Work but delivered and (subject to an evaluation of the Work as a • suitably stored at the Site or at another location functioning whole prior to or upon agreed to in writing , the Application for Substantial Completion , to the results of any Payment shall also be accompanied by a bill of subsequent tests called for in the Contract sale, invoice, or other documentation Documents, to a final determination of • warranting that OWNER has received the quantities and classifications for Unit Price materials and equipment free and clear of all Work under paragraph 9.08, and to any Liens and evidence that the materials and other qualifications stated in the • equipment are covered by appropriate property recommendation ); and insurance or other arrangements to protect OWNER's interest therein , all of which must be c. The conditions precedent to satisfactory to OWNER. CONTRACTOR's being entitled to such • payment appear to have been fulfilled in so 2. Beginning with the second far as it is ENGINEER's responsibility to Application for Payment, each Application shall observe the Work. r include an affidavit of CONTRACTOR stating that all previous progress payments received 3. By recommending any such on account of the Work have been applied on payment ENGINEER will not thereby be account to discharge CONTRACTOR's deemed to have represented that: (i ) inspec- • legitimate obligations associated with prior tions made to check the quality or the quantity Applications for Payment. of the Work as it has been performed have been exhaustive , extended to every aspect of r 3 . The amount of retainage with respect the Work in progress , or involved detailed to progress payments will be as stipulated in inspections of the Work beyond the responsi- the Agreement. bilities specifically assigned to ENGINEER in the Contract Documents; or (ii ) that there may • B. Review of Applications not be other matters or issues between the parties that might entitle CONTRACTOR to be 1 . ENGINEER will, within 10 days after paid additionally by OWNER or entitle OWNER receipt of each Application for Payment, either to withhold payment to CONTRACTOR. indicate in writing a recommendation of payment and present the Application to 4. Neither ENGINEER's review of OWNER or return the Application to CONTRACTOR's Work for the purposes of • CONTRACTOR indicating in writing recommending payments nor ENGINEER's ENGINEER's reasons for refusing to recommendation of any payment, including recommend payment. In the latter case , CON- final payment, will impose responsibility on • ENGINEER to supervise, direct, or control the 00700 - General Conddlons REV 04-07 00700 - 39 FdEngineedng\JWilliams MasterContract\Master Contract Documents\00700 - General Conditions REV 04-07.doc AI