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2011-051
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Last modified
1/22/2016 1:43:27 PM
Creation date
10/1/2015 1:46:27 AM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
03/01/2011
Control Number
2011-051
Agenda Item Number
12.J.1
Entity Name
Beemats LLC
Subject
Floating Mat System
Area
Spoonbill Marsh Wetland Facility
Project Number
2785
Bid Number
2011029
Supplemental fields
SmeadsoftID
9309
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including final payment, will impose responsibility D . Reduction in Payment <br /> on Engineer : <br /> I . Owner may refuse to make payment of the full <br /> a . to supervise, direct, or control the Work , or amount recommended by Engineer because : <br /> b . for the means , methods , techniques , a . claims have been made against Owner on <br /> sequences, or procedures of construction , or the account of Contractor ' s performance or furnish - <br /> safety precautions and programs incident thereto , ing of the Work ; <br /> or <br /> b . Liens have been filed in connection with the <br /> c . for Contractor ' s failure to comply with Laws Work , except where Contractor has delivered a <br /> and Regulations applicable to Contractor ' s specific bond satisfactory to Owner to secure the <br /> performance of the Work , or satisfaction and discharge of such Liens ; <br /> d . to make any examination to ascertain how or C . there are other items entitling Owner to a <br /> for what purposes Contractor has used the set- off against the amount recommended ; or <br /> moneys paid on account of the Contract Price, or <br /> d . - O�etrra•1-Ist3c�ledge- of->;1 <br /> e . to determine that title to any of the Work , rence of any of theets- c um� in <br /> materials , or equipment has passed to Owner free Paragraphs . 0-2-13 . 5 . a through 14 . 02 . B . 5 . c or <br /> and clear of any Liens . .p graph-15-02.A: <br /> 5 . Engineer may refuse to recommend the whole or �- ---I•f-O••wner--refuses-te-make-ptr&yment&f-the.f :H <br /> any part of any payment if, in Engineer ' s opinion , it amount . recommended by Engineer, Owner will give <br /> would be incorrect to make the representations to Contractor immediate written noticeWith a copy to <br /> S <br /> Owner stated in Paragraph 14 . 02 . 13 .2 . Engineer may Engineer) stating the reasons fouch action and <br /> also refuse to recommend any such payment or, promptly pay Contractor ayy�ount remaining after <br /> because of subsequently discovered evidence or the deduction of the a tr t so withheld . Owner shall <br /> results of subsequent inspections or tests, revise; or promptly pay or3fractor the amount so withheld , or <br /> revoke any such payment recommendation any adju t ent thereto agreed to by Owner and <br /> previously made, to such extent as may be necessary Coytractor, when Contractor corrects to Owner ' s <br /> in Engineer' s opinion to protect Owner from loss atisfaetion-the-reasons-for-such-action . <br /> because : <br /> 3-1-f-it--is-•subsequ entl•y-determined-that Owner'- s <br /> a . the Work is defective, or completed Work has refusal of payment was not 1.usta €ied �h am <br /> mount <br /> been damaged , requiring correction or replace- wrongfilll_y�w1'thheld--Shall- be treated as an amount <br /> ment; dile=a termined-b)L-P-ar-agr-aph-14. 02-G1 : <br /> b . the Contract Price has been reduced by 14 . 03 Contractor 's Warranty of Title <br /> Change Orders; <br /> A . Contractor warrants and guarantees that title to all <br /> c . Owner has been required to correct defective Work, materials , and equipment covered by any <br /> Work or complete Work in accordance with Application for Payment, whether incorporated in the <br /> Paragraph 13 . 09 ; or Project or not, will pass to Owner no later than the time of <br /> payment free and clear of all Liens . <br /> d . Engineer has actual knowledge of the <br /> occurrence of any of the events enumerated in 14 . 04 Substantial Completion <br /> Paragraph 15 . 02 .A . <br /> A . When Contractor considers the entire Work ready for <br /> C . Payment Becomes Due its intended use Contractor shall notify Owner and <br /> Engineer in writing that the entire Work is substantially <br /> I:den days after-pr®s®ntation-of-the-/�ppl•ieation-fob complete (except for items specifically listed by <br /> Payment to Owner with Engineer ' s rhe orrun2fd5tion , Contractor as incomplete) and request that Engineer issue <br /> the amount recomme ed-Wi71� (subject to the a certificate of Substantial Completion . <br /> provi�_of-P ragraph 14 . 02 . D) become due , and <br /> -when-due-will-•be-paid-by-Owner-to-Contractor, B . Promptly after Contractor ' s notification , , Owner, <br /> Contractor, and Engineer shall make an inspection of the <br /> Work to determine the status of completion . If Engineer <br /> does not consider the Work substantially complete , <br /> Engineer will notify Contractor in writing giving the <br /> reasons therefor. <br /> EJCDC C-700 Standard General Conditions of the Construction Contract. <br /> Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved . <br /> 00700 - 37 <br />
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