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Van Fleet Water Production Facility Improvements BVP 13-196 <br /> 16.4.5 The Professional may refuse to recommend the whole or any part of any payment if, in the <br /> Professional's opinion, they are unable to make the representation that the Application is acceptable to <br /> the County. The Professional may also refuse to recommend any such payment or, because of <br /> subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such <br /> payment or, because of subsequently discovered evidence or the results of subsequent inspections or <br /> tests, nullify any such payment previously recommended, to such extent as may be necessary in the <br /> Professional's opinion to protect the County from loss because: <br /> i <br /> a) The Work is defective; i <br /> .I <br /> b) The Contract Price has been reduced by Change Order; <br /> c) The County has been required to correct defective work or complete work in accordance with <br /> Article 15; <br /> d) Claims have been filed against the County for which the Contractor may be liable; and/or <br /> e) The work was executed unsatisfactorily; the Contractor failed to clean up as required in <br /> Article 7 or the work is otherwise not in compliance with these Contract Documents. <br /> 16.4.6 The County will give the Contractor immediate notice stating the reasons for such action and <br /> promptly pay the Contractor the amount so withheld, or any adjustment thereto agreed to by the County <br /> and the Contractor, when the Contractor corrects, to the County's satisfaction, the reasons for such <br /> action. <br /> 16.5 Substantial Completion <br /> 16.5.1 Substantial Completion is the stage in the progress of the Work when the Work or specified <br /> portion thereof is sufficiently complete in accordance with the Contract Documents so the County can <br /> occupy or utilize the Work for its intended purpose. <br /> 16.5.2 When the Contractor considers that the Work, or a specified portion thereof, which the County <br /> agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the <br /> Professional a thorough and inclusive list of items to be completed or corrected. The Contractor shall <br /> proceed promptly to complete and correct items on the list. Failure to include an item on this list does not <br /> relieve the Contractor of the responsibility to complete all Work in accordance with the Contract <br /> Documents. Upon receipt of the Contractor's list, the Professional and Project Manager will visit the <br /> site to determine whether the Work or designated portion thereof is substantially complete. If the <br /> Professional's and the Project Manager's visit discloses any item, whether or not included on the <br /> Contractor's list, which is not in accordance with the requirements of the Contract Documents, the <br /> Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such <br /> item, upon notification by the Professional. The Contractor shall then submit a request for another visit <br /> by the Professional to determine Substantial Completion. When the Work or designated portion thereof <br /> is substantially complete, the Professional will prepare a Certificate of Substantial Completion that shall <br /> establish the date of Substantial Completion. The Certificate of Substantial Completion shall include a <br /> list of items that have not been completed or corrected at the time of the follow-up visit by the <br /> Professional to determine Substantial Completion. The Professional, in consultation with the County, <br /> shall establish a date for completion of the items identified in the Certificate of Substantial Completion <br /> Certificate and this date for completion shall be noted on the Certificate. The Professional shall also <br /> establish a value for each of the items included on the certificate, which may be deducted from the <br /> 85 <br /> liz-$5 <br />