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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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limited to the evidence of insurance required by <br />subparagraph 5.04.B.7; (ii) consent of the <br />surety, if any, to final payment; and (iii) <br />complete and legally effective releases or <br />waivers (satisfactory to OWNER) of all Lien <br />rights arising out of or Liens filed in connection <br />with the Work. <br />3. In lieu of the releases or waivers of <br />Liens specified in paragraph 14.07.A.2 and as <br />approved by OWNER, CONTRACTOR may <br />furnish receipts or releases in full and an <br />affidavit of CONTRACTOR that: (i) the releases <br />and receipts include all labor, services, <br />material, and equipment for which a Lien could <br />be filed; and (ii) all payrolls, material and <br />equipment bills, and other indebtedness <br />connected with the Work for which OWNER or <br />OWNER's property might in any way be <br />responsible have been paid or otherwise satis- <br />fied. If any Subcontractor or Supplier fails to <br />fumish such a release or receipt in full, CON- <br />TRACTOR may furnish a Bond or other <br />collateral satisfactory to OWNER to indemnify <br />OWNER against any Lien. <br />B. Review of Application and Acceptance <br />1. If, on the basis of ENGINEER's <br />observation of the Work during construction <br />and final inspection, and ENGINEER's review <br />of the final Application for Payment and <br />accompanying documentation as required by <br />the Contract Documents, ENGINEER is <br />satisfied that the Work has been completed <br />and CONTRACTOR's other obligations under <br />the Contract Documents have been fulfilled, <br />ENGINEER will, within ten days after receipt of <br />the final Application for Payment, indicate in <br />writing ENGINEER's recommendation of <br />payment and present the Application for <br />Payment to OWNER for payment. At the same <br />time ENGINEER will also give written notice to <br />OWNER and CONTRACTOR that the Work is <br />acceptable subject to the provisions of <br />paragraph 14.09. Otherwise, ENGINEER will <br />retum the Application for Payment to <br />CONTRACTOR, indicating in writing the <br />reasons for refusing to recommend final <br />payment, in which case CONTRACTOR shall <br />make the necessary corrections and resubmit <br />the Application for Payment. <br />C. Payment Becomes Due <br />Thirty days after the presentation to <br />and, when duc, will be paid by OWNER to <br />CONTRACTOR. <br />14.08 Final Completion Delayed <br />A. If, through no fault of CONTRACTOR, final <br />completion of the Work is significantly delayed, and if <br />ENGINEER so confirms, OWNER shall, upon receipt <br />of CONTRACTOR's final Application for Payment and <br />recommendation of ENGINEER, and without terminat- <br />ing the Agreement, make payment of the balance due <br />for that portion of the Work fully completed and <br />accepted. If the remaining balance to be held by <br />OWNER for Work not fully completed or corrected is <br />less than the retainage stipulated in the Agreement, <br />and if Bonds have been furnished as required in <br />paragraph 5.01, the written consent of the surety to <br />the payment of the balance due for that portion of the <br />Work fully completed and accepted shall be submitted <br />by CONTRACTOR to ENGINEER with the Application <br />for such payment. Such payment shall be made <br />under the terms and conditions governing final <br />payment, except that it shall not constitute a waiver of <br />Claims. <br />14.09 Waiver of Claims <br />A. The making and acceptance of final payment <br />will constitute: <br />1. a waiver of all Claims by OWNER <br />against CONTRACTOR, except Claims arising <br />from unsettled Liens, from defective Work <br />appearing after final inspection pursuant to <br />paragraph 14.06, from failure to comply with the <br />Contract Documents or the terms of any special <br />guarantees specified therein, or from <br />CONTRACTOR's continuing obligations under <br />the Contract Documents; and <br />2. a waiver of all Claims by CONTRAC- <br />TOR against OWNER other than those <br />previously made in writing which are still <br />unsettled. <br />ARTICLE 15 - SUSPENSION OF WORK AND <br />TERMINATION <br />15.01 OWNER May Suspend Work <br />A. At any time and without cause, OWNER may <br />suspend the Work or any portion thereof for a period <br />of not more than 90 consecutive days by notice in <br />00700 - General Conditions REV 5-10-13 <br />00700 - 42 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1823 Jungle Trail Shoreline Stabilization Project (2018)\1-Admin\Bid DocumentstMaster Contract Documents \00700 - General <br />Conditions REV 5-10-13.doc <br />
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