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2004-138
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2004-138
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Entry Properties
Last modified
9/1/2016 2:05:06 PM
Creation date
9/30/2015 7:37:13 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
06/15/2004
Control Number
2004-138
Agenda Item Number
7.G.
Entity Name
Timothy Rose Contracting
Subject
Discharge Outlet and Rip Rap Spillway Mat
Contract and Specifications
Area
North County
Project Number
2208
Bid Number
6069
Archived Roll/Disk#
3210
Supplemental fields
SmeadsoftID
3827
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stipulated in the Agreement, and if Bonds have been furnished <br /> 2. The final Application for Payment shall be as required in paragraph 5. 01 , the written consent of the <br /> surety <br /> ' accompanied (except as previously delivered ) by: (i ) all to the payment of the balance due for that portion <br />of the Work <br /> documentation called for in the Contract Documents, fully completed and accepted shall be submitted by <br /> CON- <br /> including but not limited to the evidence of insurance TRACTOR to ENGINEER with the Application for such <br /> required by subparagraph 5.04. 13. 7; (ii ) consent of the payment. Such payment shall be made under the terms and <br /> surety, if any, to final payment; and (iii ) complete and conditions governing final payment, except that <br />it shall not <br /> legally effective releases or waivers (satisfactory to constitute a waiver of Claims . <br /> OWNER) of all Lien rights arising out of or Liens filed in <br /> connection with the Work. 14. 09 Waiver of Claims <br /> 3. In lieu of the releases or waivers of Liens A. The making and acceptance of final <br /> payment will <br /> specified in paragraph 14.07.A.2 and as approved by constitute: <br /> OWNER, CONTRACTOR may furnish receipts or <br /> releases in full and an affidavit of CONTRACTOR that: 1 . a waiver of all Claims by OWNER against <br /> ' (i ) the releases and receipts include all labor, services , CONTRACTOR, except Claims arising from unsettled <br /> material, and equipment for which a Lien could be filed ; Liens, from defective Work appearing after final <br /> and (ii) all payrolls , material and equipment bills, and inspection pursuant to paragraph 14.06, from failure <br />to <br /> other indebtedness connected with the Work for which comply with the Contract Documents or the terms of <br /> OWNER or OWNER's property might in any way be any special guarantees specified therein, or from <br /> responsible have been paid or otherwise satisfied . If CONTRACTOR's continuing obligations under the <br /> any Subcontractor or Supplier fails to furnish such a Contract Documents ; and <br /> release or receipt in full, CONTRACTOR may furnish a <br /> Bond or other collateral satisfactory to OWNER to 2. a waiver of all Claims by CONTRACTOR against <br /> indemnify OWNER against any Lien. OWNER other than those previously made in writing <br /> which are still unsettled. <br /> B . Review of Application and Acceptance <br /> 1 . If, on the basis of ENGINEER's observation of ARTICLE 15 - SUSPENSION OF WORK AND <br /> the Work during construction and final inspection, and TERMINATION <br /> ENGINEER's review of the final Application for Payment <br /> and accompanying documentation as required by the <br /> Contract Documents, ENGINEER is satisfied that the 15. 01 OWNER May Suspend Work <br /> Work has been completed and CONTRACTOR's other <br /> obligations under the Contract Documents have been A. At any time and without cause, OWNER may suspend <br /> fulfilled, ENGINEER will , within ten days after receipt of the Work or any portion thereof for a period of not more than <br /> 90 <br /> the final Application for Payment, indicate in writing consecutive days by notice in writing to CONTRACTOR <br /> and <br /> ENGINEER's recommendation of payment and present ENGINEER which will fix the date on which Work will be <br /> the Application for Payment to OWNER for payment. At resumed. CONTRACTOR shall resume the Work on the date <br /> the same time ENGINEER will also give written notice so fixed. CONTRACTOR shall be allowed an adjustment in the <br /> to OWNER and CONTRACTOR that the Work is Contract Price or an extension of the Contract Times, or <br /> both, <br /> acceptable subject to the provisions of paragraph 14. 09. directly attributable to any such suspension if CONTRACTOR <br /> Otherwise, ENGINEER will return the Application for makes a Claim therefore as provided in paragraph 10. 05. <br /> Payment to CONTRACTOR, indicating in writing the <br /> reasons for refusing to recommend final payment, in 15.02 OWNER May Terminate for Cause <br /> which case CONTRACTOR shall make the necessary <br /> corrections and resubmit the Application for Payment. A. The occurrence of any one or more of the following <br /> C. Payment Becomes Due events will justify termination for cause: <br /> 1 . CONTRACTOR's persistent failure to perform <br /> 1 . Thirty days after the presentation to OWNER of the Work in accordance with the Contract Documents <br /> the Application for Payment and accompanying docu- (including , but not limited to, failure to supply sufficient <br /> mentation , the amount recommended by ENGINEER skilled workers or suitable materials or equipment or <br /> will become due and , when due, will be paid by OWN failure to adhere to the progress schedule established <br /> ER to CONTRACTOR. under paragraph 2. 07 as adjusted from time to time <br /> 14.08 Final Completion Delayed pursuant to paragraph 6. 04 ); <br /> 2. CONTRACTOR's disregard of Laws or Regula- <br /> A. If, through no fault of CONTRACTOR, final completion tions of any public body having jurisdiction; <br /> of the Work is significantly delayed , and if ENGINEER so <br /> confirms, OWNER shall, upon receipt of CONTRACTOR's final 3. CONTRACTOR's disregard of the authority of <br /> Application for Payment and recommendation of ENGINEER, ENGINEER; or <br /> and without terminating the Agreement, make payment of the <br /> balance due for that portion of the Work fully completed and 4. CONTRACTOR's violation in any substantial <br /> accepted . If the remaining balance to be held by OWNER for way of any provisions of the Contract Documents . <br /> Work not fully completed or corrected is less than the retainage <br /> 00700 - 33 <br />
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