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2004-018B
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2004-018B
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Last modified
8/18/2016 1:57:48 PM
Creation date
9/30/2015 7:16:51 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
01/20/2004
Control Number
2004-018B
Agenda Item Number
11.I.2
Entity Name
Applied Technology & Management
Subject
Contract Specifications
Mitigation Reef Design
Area
Ambersand Beach Sectors 1 & 2
Bid Number
6031
Archived Roll/Disk#
3209
Supplemental fields
SmeadsoftID
3595
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14 . 7 .2 The Contract Price has been reduced by Written Amendment of Change Order, <br /> 14 . 7 .3 OWNER has been required to correct defective Work or complete Work in accordance <br /> with paragraph 13 . 13 , or <br /> 14 . 7 .4 Of ENGINEER' s actual knowledge of the occurrence of any of the events enumerated in <br /> paragraphs 15 .2 . 1 through 15 .2 . 11 inclusive. <br /> 14 .7 .5 CONTRACTOR fails to make payment to Subcontractors for materials or labor in <br /> accordance with the respective agreements between the CONTRACTOR and the <br /> Subcontractors, <br /> 14 .7 . 6 The Work for which payment is requested cannot be verified, <br /> 14 .7 . 7 Of persistent failure to carry out the Work in accordance with the Contract Documents, or <br /> otherwise unsatisfactory prosecution of the Work, or <br /> 14 . 7 . 8 Of any other breach of, default under, or violation of, or failure to comply with, the <br /> provisions of the Contract Documents. <br /> The OWNER reserves the right to decline to make payments to the CONTRACTOR for cause, whether or <br /> not the ENGINEER has certified the amount for payment. <br /> Substantial Completion: <br /> 14 . 8 When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify <br /> OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items <br /> specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of <br /> Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER <br /> shall make an inspection of the Work to determine the status of completion. If ENGINEER does not <br /> consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the <br /> reasons therefore. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and <br /> deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial <br /> Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected <br /> before final payment. OWNER shall have seven (7) days after receipt of the tentative certificate during <br /> which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, <br /> after considering such objections, ENGINEER concludes that the Work is not substantially complete, <br /> ENGINEER will within fourteen ( 14) days after submission of the tentative certificate to OWNER notify <br /> CONTRACTOR in writing, stating the reasons therefore. If after consideration of OWNER' s objections, <br /> ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen ( 14) days <br /> execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion <br /> (with a revised tentative list of items to be completed or corrected) reflecting such changes from the <br /> tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. <br /> At the time of delivery of the tentative certificate of Substantial Completion, ENGINEER will deliver to <br /> OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final <br /> payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, <br /> heat, utilities insurance and warranties . Unless OWNER and CONTRACTOR agree otherwise in writing <br /> and so inform ENGINEER prior to ENGINEER' s issuing the definitive certificate of Substantial <br /> Completion, ENGINEER ' s aforesaid recommendations will be binding on OWNER and CONTRACTOR <br /> until final payment. <br /> 14 . 9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial <br /> Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on <br /> the tentative list. <br /> GENERAL CONDITIONS GC24 <br />
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