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2021-052A
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2021-052A
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Last modified
4/27/2021 12:28:50 PM
Creation date
4/27/2021 10:38:14 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
04/06/2021
Control Number
2021-052A
Agenda Item Number
8.U.
Entity Name
Dickerson Florida, Inc.
Subject
Contract documuments for Round Island Park Emergency and Heavy Equipment Beach Access
Project Number
IRC-1927
Bid Number
2021025
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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 <br />correct defective Work or complete Work in <br />accordance with paragraph 13.09; or <br />.d FISIGInIPPIR hes Art, -el kRewle.dge of <br />eRumer-ated ie paFagFaeh 15.92.A. <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 <br />enumerated in paragraphs 14.02.B.5.a <br />through 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, <br />or any adjustment thereto agreed to by <br />OWNER and CONTRACTOR, when <br />CONTRACTOR corrects to OWNER's <br />satisfaction the reasons 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 CONTRA CTOR's Warranty of Title <br />A. CONTRACTOR warrants and guarantees <br />that title to all Work, materials, and equipment cov- <br />ered by any Application for Payment, whether incor- <br />porated in the Project or not, will pass to OWNER no <br />later than the time of payment free and clear of all <br />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 <br />consider the Work substantially complete, <br />ENGINEER will notify CONTRACTOR in writing <br />giving the reasons therefore. If ENGINEER ,°.sides <br />the —Wert sabstantiallyGOmplete, ENIGI^,T IFER iA <br />pFepaFe .,.d 'delivel: to OWNER NEN a +eRtati Fti fi ..} <br />of Subc-Aaal'Itial GempletieR WhiGh shall fix the date of <br />-ntative list of to be GOMpleted <br />er corrected befsfe f+aa;payFnept. DAINIRR c;h <br />have seveR de"is after F pt of the +eRtatiye a .+'f <br />EAIGINEER a +e a PFEW666GRGof +h <br />attached list. if, afteF 6lGh objeGtOGRG,- <br />tlally GOmplete, ENGINEER Will Wi+hiR 14 ,d. a <br />._RtatiY8 GeFtifiGate to CANNER <br />therefor. If, after sensideratiea of OWNER's <br />ehieGtiGR6 ENGIAICCA nonsiders the VVeFk ..ubstaf <br />tially 1309p^Tete, CAI(_IAICCD Well ...i+h'.. said 14 .dam. <br />ys <br />00700 - General Conditions REV 5-10-13 <br />00700-40 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1927 Round Island Beach Access\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10- <br />13.doc <br />
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