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Last modified
4/9/2018 11:38:22 AM
Creation date
3/23/2016 8:44:31 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Bid
Approved Date
07/05/2012
Control Number
2012-0000
Entity Name
Dunkelberger Engineering & Testing, Inc.
Subject
Old Dixie Highway Roadway Coring
Area
Dispute Resolution Mediation
Project Number
PSL-10-3054 (BG 10.5)
Alternate Name
Work Change Directive
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000A\S0003SR.tif
Meeting Body
Board of County Commissioners
Meeting Type
NA
SmeadsoftID
13603
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parties that might entitle CONTRACTOR to be <br />paid additionally by OWNER or entitle OWNER <br />to withhold payment to CONTRACTOR. <br />4. Neither ENGINEER's review of <br />CONTRACTOR's Work for the purposes of <br />recommending payments nor ENGINEER's <br />recommendation of any payment, including final <br />payment, will impose responsibility on <br />ENGINEER to supervise, direct, or control the <br />Work or for the means, methods, techniques, <br />sequences, or procedures of construction, or <br />the safety precautions and programs incident <br />thereto, or for CONTRACTOR's failure to <br />comply with Laws and Regulations applicable to <br />CONTRACTOR's performance of the Work. <br />Additionally, said review or recommendation will <br />not impose responsibility on ENGINEER to <br />make any examination to ascertain how or for <br />what purposes CONTRACTOR has used the <br />moneys paid on account of the Contract Price, <br />or to determine that title to any of the Work, <br />materials, or equipment has passed to <br />OWNER free and clear of any Liens. <br />5. ENGINEER may refuse to recom- <br />mend the whole or any part of any payment if, <br />in ENGINEER's opinion, it would be incorrect to <br />make the representations to OWNER referred <br />to in paragraph 14.02.6.2. ENGINEER may <br />also refuse to recommend any such payment <br />or, because of subsequently discovered <br />evidence or the results of subsequent <br />inspections or tests, revise or revoke any such <br />payment recommendation previously made, to <br />such extent as may be necessary in <br />ENGINEER's opinion to protect OWNER from <br />loss because: <br />a. the Work is defective, or completed <br />Work has been damaged, requiring <br />correction or replacement; <br />b. the Contract Price has been reduced <br />by Written Amendment or Change Orders; <br />c. OWNER has been required to correct <br />defective Work or complete Work in accor- <br />dance with paragraph 13.09; or <br />GAIGIAIPPR has Art,-;;' knewledge of <br />a <br />the 9GGI61rreAGe of any of the events enurner <br />C. Payment Becomes Due <br />D. Reduction in Payment <br />1. OWNER may refuse to make <br />payment of the full amount recommended by <br />ENGINEER because: <br />a. claims have been made against <br />OWNER on account of CONTRACTOR's <br />performance or furnishing of the Work; <br />b. Liens have been filed in connection <br />with the Work, except where <br />CONTRACTOR has delivered a specific <br />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 />00700 - General Conditions REV 5-10-13.doc <br />00700-40 <br />FAIDublic Works\ENGINEERING DIVISION PROJECTS\1137-Old Dixie Hwy Resurfacing 53rd St to 71 st St\Admim\bid documents\Contract Documents\00700 - General Conditions REV 5- <br />10-13.doc <br />
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