607 11TH ST 12TH ST MARINA 2016-01-01 MF Import

PORT OF EVERETT SECTION 00 i00 1?T�{STREET bIARINA—�'OLUM1IE I: 1�1r1RINf: �VO��}: GENER4I.CO;VDITIONS 12.�.2 EVGINEER's recommendation of any pa}�ncnt reque,ted in an Application for Pa}Tnent n•ill constimte a representation by ENGINL-ER ro PORT,based on ENGIA'EER's or.-site obsen�ations of[he N'ork in progress as an experienced and qualified desicn professional and on ENGI\'E-ER's reciew cf the Application for Ya}�nent and thz accompanying data and schedules that[he�'�'ork has progressed to tlie point ind�cuied; dia[, to the besl of ENGIIQELR's}:nou�ledge, informa[ion and belief,the yuality oF die\Vork is in accordance uith t!�e Contract Documents(subject to an evaluation of the Nork as a functionine Project upon Substantial Completion, m the results of any subsequcnt[ests called for in the ConVact Documents and any qualifications s;ated in Q�e recommendationj and that CONTRAC?UR is entitled to payment of the amount recommended. However,by recommending an}�such payment ENGINEER will not have ascertained how or for �vhat purpose CONTItACTOR has used the moneys paid or to be paid to CONTRACTOR on account of t1�e Contract Price,or that ti�le to any Work,materials or equipment has pnssed ro PORT free and clear of any Liens. 12.�.3 L'NGINELR's recoaunendation of final pa}m�ent�eill constitute an additional representation by ENGINLLR to PORT thal[he condi[ions precedent ro CONTRACTOR's beine entided to final pa}ntent as set fortl�in paragrap6 i 29 have been fulfilled. 1'_'.�.4 ENGINEER ntay rcfuse to rrcor.�mend die whele or any part of any p�yment if, in his her opinion. il��-ould be incorrect to make such represent�tions to YORT. He�she ma}•also rcfuse to recommend auy such pa}'ment,or,because of suUsequently discovered ecidence or the results of subsequent inspections or tests,nullify and such pa}�nent previoush�recortunended to such extent as may Ue necessary in LNG[1VEER's opinion to protect PORT Gom loss because: a. tlre Nork is defccti��e, or completed Work has been damaged requiring cortection nr replacement, b. «Titten claims have been made against POR7'or Liens have been filed in connection wiAi the Work, c. the Contract Pnce has been reduced because of blodifications, d. POR7' has been required to correct defecti��e 1Vork or complete the R'ork in accordance��ith paracraph 11.7, e. oCCONTRACTOR's unsatisfactory prosecution of die��brk in accordance«ith the Contract Documents, C CONTR4CTOR's tailure�o nmke paytnent to Subcontractor, or for labor,materials or equipment,or g. of quantity adjusUneni or correction. � 12.G Substantial Completion 12.6.1 P✓hen CONTR4CTOR considers the entir� \b'ork rzadv for its intznded use CONTR4CTOR shall,in wriU ig tn PORT and ENGNLER,cenify tha[the entire\\'erk is substantially complete and reques[tnat ENGINELR issue a Certificate of Subsiar.tial Completiun. �Vithin a reasonable time thereafrer,PORT,CONTR4CTOR and EA'GIiJEER shall mal:e an inspection of the Mork ro det�m�ine the status of complztion. If ENGINL-ER does not considcr the\1'ork substantially complete, LNGPIL-ER�sill notifi�CONTRACTOR in�«icine Ficing his�licr reasons therefore. If ENGI�ILER considers the\\'ork substantialh�complete,L-NGP.VEER will prepare and deliver to PORT a tentative Cenificate of$ubstantial Complztion which shall fi.r the date of Substantial Completion. There shall be attached to the certiticate a temati�e lisc(punch list)of items to be wmpleted or corzected before fit�al pa}�nent. PORT shall have seven days afrer receipt of the tanta;ivc cenificate during ti�'hich it may make«Tittzn objection ro ENGP.VELR as ro any ' provisions of tl�e cenificate or attached list. If, after considerine such objections,FNGNEL•R concludzs that the�1'ork is not substan[ially complete, ENGINEER will��ithin founeen(14)days after submissior.of tl�e tentativz certific�te to PORT notify CO?vTR4CTOR in uritin„stating his'hcr rc�sons d�ereforz. It,afier con�ideration af PORT's objections,ENGINEER considers the 00?00 -56