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[l <br />1 <br />1 <br />PORT OF EVERETT <br />UMON SLOUGH MARSH MITIGATION <br />SECC(ON 00700 <br />GENERAL CONDITIONS <br />1 14.4 ENGINEER will, within ten (10) days after receipt of each Application for Payrt►ent, either <br />indicate in writing a rxorrvnendation of payment and present the Applicallon to PORT, or rcturn the <br />' Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to <br />recormnend pa�munt. In the latter case, CONTRACPOR may malce the nxessary corroctions and <br />resubmit the AppGcation. PURT shall, within 6ftan (15) days of presentation ro him of the <br />' Application for Payment with ENGIIVEER's reconvnendation, pay CONCRACCOR the amount <br />recommended. <br />14.5 ENGINEER's recortunendaHon of any payment rcquested in an Apptication for Payment will <br />constitute a representation by ENGINEER to PORT, based on ENGINEER's on-site ubsavations of <br />the Work in progress as an euperienced and queli5ed design prokssional and on ENGINEER's <br />review of the Application for Payrtent and the accompanying data and scheduks that the Work has <br />progressed to the point indicated; that, ro the best of ENGINEER's Irnowkdge, infomiadon and <br />be6ef, the quality of the Work is in accoraance with the Contract Documents (subject to an evaluation <br />of the Work as a functioning Project upon Substantial Compkdon, to the results of any subsequent <br />tests calied for in the Contract Documents and any qualifications statod in the recortvnendadon) and <br />that CONTRACTOR is entided to payment of the artaw�t recortvrcnded. However, by <br />recommending any such payment ENGINEER wilR not have sscertained how or for what purpose <br />COIV7'RACI'OR has used the moneys paid or to be paid to CONTRACCOR on account of the <br />Contract Price, or that titk to any Work, mataials or equiprt►ent has passed to PORT free and clear <br />of any Liens. <br />14.6 ENGINEER's rxomrt�ndation of fu�al payment will constitute an additional rrpresentation by <br />ENGINEER to PORT that the conditions precedent to CONTRACTOR's being enutkd to 5nal <br />payment as set forth in pazagraph 14.13 have been ful6lled. <br />14.7 ENG[NEER may refuse to reco�nd the whok or any part of any payment if, in his opinion, <br />it would be incorrect to make such representations to PORT. He may also refuse to rxortvnend any <br />such payment, or, because of subsequently discovered evidence or the nsuits of subsequent <br />inspections or tests, nullify and such payment proviously recorturxnded to such extent as may be <br />necessary in ENGINEER's opinion to protect PORT from loss because: <br />14.7.1 The Work is defective, or completed Work has been dazr�aged requiring corroction or <br />replacement, <br />14.7.2 written claims have bcen made against PORT or Licns have ban Sled in connection with the <br />Work, <br />14.7.3 the Convact Price has ban reduced because of Modifications, <br />00700-45 <br />