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Bond satisfactory to OWNER to secure the <br />satisfaction and discharge of such Liens; <br />c. there are other items entitling OWN- <br />ER to a set-off against the amount <br />recommended; or <br />d. OWNER has actual knowledge of the <br />occurrence of any of the events enumerated <br />in paragraphs 14.02.B.5.a through <br />14.02.B.5.c or paragraph 15.02.A. <br />2. If OWNER refuses to make payment <br />of the full amount recommended by <br />ENGINEER, OWNER must give <br />CONTRACTOR immediate written notice (with <br />a copy to ENGINEER) stating the reasons for <br />such action and promptly pay CONTRACTOR <br />any amount remaining after deduction of the <br />amount so withheld. OWNER shall promptly <br />pay CONTRACTOR the amount so withheld, or <br />any adjustment thereto agreed to by OWNER <br />and CONTRACTOR, when CONTRACTOR <br />corrects to OWNER's satisfaction the reasons <br />for such action. <br />3. If it is subsequently determined that <br />OWNER's refusal of payment was not justified, <br />the amount wrongfully withheld shall be treated <br />as an amount due as determined by paragraph <br />14.02.C.1. <br />14.03 CONTRACTOR's Warranty of Title <br />A. CONTRACTOR warrants and guarantees <br />that title to all Work, materials, and equipment covered <br />by any Application for Payment, whether incorporated <br />in the Project or not, will pass to OWNER no later than <br />the time of payment free and clear of all Liens. <br />14.04 Substantial Completion <br />A. When CONTRACTOR considers the entire <br />Work ready for its intended use CONTRACTOR shall <br />notify OWNER and ENGINEER in writing that the <br />entire Work is substantially complete (except for items <br />specifically listed by CONTRACTOR as incomplete) <br />and request that ENGINEER issue a certificate of <br />Substantial Completion. Promptly thereafter, <br />OWNER, CONTRACTOR, and ENGINEER shall <br />make an inspection of the Work to determine the <br />status of completion. If ENGINEER does not consider <br />the Work substantially complete, ENGINEER will <br />notify CONTRACTOR in writing giving the reasons <br />therefore. If €NCIN€€R nciaers—thc3—W <br />COMP18tiOR WhiGh shall fix the date ef Substantial <br />B. OWNER shall have the right to exclude <br />CONTRACTOR from the Site after the date of <br />Substantial Completion, but OWNER shall allow CON- <br />TRACTOR reasonable access to complete or correct <br />items on the tentative list. <br />14.05 Partial Utilization <br />A. Use by OWNER at OWNER's option of any <br />substantially completed part of the Work which has <br />specifically been identified in the Contract Documents, <br />or which OWNER, ENGINEER, and CONTRACTOR <br />agree constitutes a separately functioning and usable <br />part of the Work that can be used by OWNER for its <br />intended purpose without significant interference with <br />CONTRACTOR's performance of the remainder of <br />the Work, may be accomplished prior to Substantial <br />Completion of all the Work subject to the following <br />conditions. <br />1. OWNER at any time may request <br />CONTRACTOR in writing to permit OWNER to <br />use any such part of the Work which OWNER <br />00700 - General Conditions REV 04-07.doc <br />00700-40 <br />F.Tublic Works\ENGINEERING MISION PROJECTS\0455-8th Street Sidewalk Improvements 18th Ct to Old Dixie\Admim\bid documents\00700 - General Conditions REV 04-07.doc <br />