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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
Metadata
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Template:
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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ENGINEER will within said 14 days execute and <br />any objections fFom OWNER. At the time of delivery <br />of the tentative certificate <br />ENGINEER <br />TOR a written recommendation as to division of <br />responsibilities pending final payment between <br />OWNER and CONTRACTOR with respect to security, <br />operation, safety, and protection of the Work, <br />—es P•' — <br />and guarantees. Unlcsc OWNER and <br />CONTRACTOR agree otherwise in writing and so <br />inform ENGINEER in writing prior to ENGINEER'S <br />issuing the definit <br />CONTRACTOR until final <br />payment_ <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 />believes to be ready for its intended use and <br />substantially complete. If CONTRACTOR <br />agrees that such part of the Work is <br />substantially complete, CONTRACTOR will <br />certify to OWNER and ENGINEER that such <br />part of the Work is substantially complete and <br />request ENGINEER to issue a certificate of <br />Substantial Completion for that part of the <br />Work. CONTRACTOR at any time may notify <br />OWNER and ENGINEER in writing that <br />CONTRACTOR considers any such part of the <br />Work ready for its intended use and substan- <br />tially complete and request ENGINEER to issue <br />a certificate of Substantial Completion for that <br />part of the Work. Within a reasonable time <br />after either such request, OWNER, <br />CONTRACTOR, and ENGINEER shall make <br />an inspection of that part of the Work to <br />determine its status of completion. If <br />ENGINEER does not consider that part of the <br />Work to be substantially complete, ENGINEER <br />will notify OWNER and CONTRACTOR in <br />writing giving the reasons therefor. If <br />ENGINEER considers that part of the Work to <br />be substantially complete, the provisions of <br />paragraph 14.04 will apply with respect to <br />certification of Substantial Completion of that <br />part of the Work and the division of <br />responsibility in respect thereof and access <br />thereto. <br />2. No occupancy or separate operation <br />of part of the Work may occur prior to <br />compliance with the requirements of paragraph <br />5.10 regarding property insurance. <br />14.06 Final Inspection <br />A. Upon written notice from CONTRACTOR that <br />the entire Work or an agreed portion thereof is <br />complete, ENGINEER will promptly make a final <br />inspection with OWNER and CONTRACTOR and will <br />notify CONTRACTOR in writing of all particulars in <br />which this inspection reveals that the Work is <br />incomplete or defective. CONTRACTOR shall <br />immediately take such measures as are necessary to <br />complete such Work or remedy such deficiencies. <br />14.07 Final Payment <br />A. Application for Payment <br />1. After CONTRACTOR has, in the <br />opinion of ENGINEER, satisfactorily completed <br />all corrections identified during the final <br />inspection and has delivered, in accordance <br />with the Contract Documents, all maintenance <br />and operating instructions, schedules, guaran- <br />tees, Bonds, certificates or other evidence of <br />insurance certificates of inspection, marked -up <br />record documents (as provided in paragraph <br />6.12), and other documents, CONTRACTOR <br />may make application for final payment follow- <br />ing the procedure for progress payments. <br />2. The final Application for Payment <br />shall be accompanied (except as previously <br />delivered) by: (i) all documentation called for in <br />the Contract Documents, including but not <br />D0700 - General Conditions REV 5-10-13 <br />00700 - 41 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1623 Jungle Trail Shoreline Stabilization Project (2016)\1-Admin\Bid Documents\Master Contract Documents \00700 - General <br />Conditions REV 5-10-13.doc <br />
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