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2003-310
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2003-310
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Last modified
11/30/2016 1:40:48 PM
Creation date
9/30/2015 7:04:12 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
11/18/2003
Control Number
2003-310
Agenda Item Number
7.U.
Entity Name
Sheltra & Son Construction
Subject
26th St. Bridge Replacement Contract and Specifications
Area
26th St.
Project Number
0378
Archived Roll/Disk#
3208
Supplemental fields
SmeadsoftID
3502
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14 . 03 CONTRACTOR 'S Warranty of Title . <br /> 4 , Ten days after- pr-esentafien ef the. <br /> Appheatienfor Parent temGAZINMIR vi4 A. CONTRACTOR warrants and guarantees that title <br /> ' to all Work, materials, and equipment covered by any <br /> Application for Payment, whether incorporated in the <br /> 14 .02 .D) beeeme due, and v*ea. due ;A41.1 h. 10 paid by Project or not, will pass to OWNER no later than the time <br /> ' QVR MR to G0M: A GT-0 of payment free and clear of all Liens . <br /> D. Reduction in Payment 14 . 04 Substantial Completion <br /> 1 . OWNER may refuse to make payment of A. When CONTRACTOR considers the entire Work <br /> the full amount recommended by ENGINEER ready for its intended use CONTRACTOR shall notify <br /> because : OWNER and ENGINEER in writing that the entire Work is <br /> ' substantially complete (except for items specifically listed <br /> a. claims have been made against OWNER by CONTRACTOR as incomplete) and request that <br /> on account of CONTRACTOR's performance or ENGINEER issue a certificate of Substantial Completion. <br /> ' furnishing of the Work; Promptly thereafter, OWNER, CONTRACTOR, and <br /> ENGINEER shall make an inspection of the Work to <br /> Part of Paragraph 14.02.D.1 .2.b. has been deleted. determine the status of completion. If ENGINEER does not <br /> b . Liens have been filed in connection with consider the Work substantially complete, ENGINEER will <br /> the Work,— except • hefe GQ�R2RACTOR has notify CONTRACTOR in writing giving the reasons <br /> del, ve..va , e, i fie Rand satisf etef . to ntherefor. If ENGINEER considers the Work substantially <br /> complete, ENGINEER will prepare and deliver to OWNER <br /> ' sueh Liens; a tentative certificate of Substantial Completion which shall <br /> fix the date of Substantial Completion. There shall be <br /> c. there are other items entitling OWNER to attached to the certificate a tentative list of items to <br /> be <br /> ' a set-off against the amount recommended; or completed or corrected before final payment. OWNER <br /> shall have seven days after receipt of the tentative certificate <br /> d. OWNER has actual knowledge of the during which to make written objection to ENGINEER as <br /> occurrence of any of the events enumerated in to any provisions of the certificate or attached list. If, after <br /> ' paragraphs 14.02 .B .5 .a through 14 .02 .B .5 .c or considering such objections, ENGINEER concludes that the <br /> paragraph 15 .02 .A. Work is not substantially complete, ENGINEER will within <br /> 14 days after submission of the tentative certificate to <br /> ' New paragraphs 14.02.D.1 .e, f, and g have been added. OWNER notify CONTRACTOR in writing, stating the <br /> See the Supplementary Conditions. reasons therefor. If, after consideration of OWNER's <br /> objections, ENGINEER considers the Work substantially <br /> 2. If OWNER refuses to make payment of complete, ENGINEER will within said 14 days execute and <br /> ' the full amount recommended by ENGINEER, deliver to OWNER and CONTRACTOR a definitive <br /> OWNER must give CONTRACTOR immediate certificate of Substantial Completion (with a revised <br /> written notice (with a copy to ENGINEER) stating tentative list of items to be completed or <br />corrected) <br /> the reasons for such action and promptly pay CON- reflecting such changes from the tentative certificate as <br /> TRACTOR any amount remaining after deduction ENGINEER believes justified after consideration of any <br /> of the amount so withheld. OWNER shall promptly objections from OWNER. At the time of delivery of the <br /> pay CONTRACTOR the amount so withheld, or any tentative certificate of Substantial Completion ENGINEER <br /> ' adjustment thereto agreed to by OWNER and will deliver to OWNER and CONTRACTOR a written <br /> CONTRACTOR, when CONTRACTOR corrects to recommendation as to division of responsibilities pending <br /> OWNER' s satisfaction the reasons for such action. final payment between OWNER and CONTRACTOR with <br /> ' respect to security, operation, safety, and protection of the <br /> 3 . If it is subsequently determined that Work, maintenance, heat, utilities, insurance, and warranties <br /> OWNER' s refusal of payment was not justified, the and guarantees. Unless OWNER and CONTRACTOR <br /> ' amount wrongfully withheld shall be treated as an agree otherwise in writing and so inform ENGINEER in <br /> amount due as determined by paragraph 14.02 .C. 1 . writing prior to ENGINEER' s issuing the definitive <br /> certificate of Substantial Completion, ENGINEER's <br /> aforesaid recommendation will be binding on OWNER and <br /> ' CONTRACTOR until final payment. <br /> 00700 - 41 <br />
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