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2015-102
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2015-102
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Last modified
3/30/2017 1:21:22 PM
Creation date
7/23/2015 2:08:39 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
05/19/2015
Control Number
2015-102
Agenda Item Number
8.I.
Entity Name
Timothy Rose Contracting
Subject
Martin Luther King Walking Trail
Contract Documents
Area
45th Street and 28th Court
Project Number
1413
Bid Number
2015034
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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: (1) all documentation called for in <br />the Contract Documents, including but not <br />limited to the evidence of insurance required by <br />subparagraph 5.04.6.7; (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 />furnish 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 />00700 - General Conditions REV 5-10-13 <br />00700 - 41 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS \1413 -Martin Luther King Walking Trail\Admin\bid documents\Master Contract Documents\00700 - General Conditions REV 5-10- <br />13.doc <br />
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