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2019-106A
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2019-106A
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Last modified
12/27/2019 1:52:55 PM
Creation date
8/12/2019 3:39:51 PM
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Official Documents
Official Document Type
Contract
Approved Date
07/16/2019
Control Number
2019-106A
Agenda Item Number
8.E.
Entity Name
XGD Systems, LLC
Subject
Jungle Trail Shoreline Stabilization Project
Project Number
IRC-1823
Bid Number
2019050
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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 />d. ENGINEER has actual knowledge of <br />the occurrence of any of the events enumer <br />atod in paragraph 15.02.A. <br />C. Payment Becomes Due <br />1. Ten days after presentation of the <br />Application for Payment to OWNER with <br />ENGINEER's recommendation, the amount <br />paragraph 14.02.D) become due, and when <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 />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 ENGINEER considers the Work <br />- _ . . <br />Completion which shall fix the date of Substantial <br />a tentative list of items to be completed or corrected <br />before final payment. OWNER shall have seven days <br />make written objection to ENGINEER as to any <br />provisions of the certificate or attached list. If, after <br />that the Work is not substantially complete, <br />� . _ • _a, _ a F. <br />in writing, stating the reasons therefor. If, after <br />consideration of OWNER's objections, ENGINEER <br />considers the Work substantially complete, <br />00700 - General Conditions REV 5-10-13 <br />00700 - 40 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1823 Jungle Trail Shoreline Stabilization Project (2018)\1-Admin\Bid Documents\Master Contract Documents100700 - General <br />Conditions REV 510-13.doc <br />
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