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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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Substantial Completion of all the Work, the correction period for that item may start to run from an earlier <br /> date if so provided in the Specifications or by Written Amendment. <br /> Acceptance of Defective Work: <br /> 13 . 12 If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to <br /> ENGINEER' s recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do <br /> so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER' s <br /> evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER <br /> as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys <br /> and other professionals). If any such acceptance occurs prior to ENGINEER' s recommendation of final <br /> payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents <br /> with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If <br /> the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR <br /> to OWNER. <br /> OWNER May Correct Defective Work: <br /> 13 . 13 If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct <br /> and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in <br /> accordance with paragraph 13 . 11 or if CONTRACTOR fails to perform the Work in accordance with the <br /> Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract <br /> Documents, OWNER may, after seven (7) calendar days written notice to CONTRACTOR, correct and <br /> remedy any such deficiency. To the extent necessary to complete corrective and remedial action, OWNER <br /> may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and <br /> suspend CONTRACTOR' s services related thereto, take possession of CONTRACTOR' s tools, appliances, <br /> construction equipment and machinery at the site and incorporate in the Work all materials and equipment <br /> stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere . <br /> CONTRACTOR shall allow OWNER, access to the site as may be necessary to enable OWNER to <br /> exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of <br /> OWNER in exercising such rights and remedies will be charged against CONTRACTOR, and a Change <br /> Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the <br /> Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. Such direct, indirect <br /> and consequential costs will include but not be limited to fees and charges of engineers, architects, <br /> attorneys and other professionals, all court and mediation costs and all costs of repair and replacement of <br /> work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR' s defective <br /> Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in <br /> performance of the Work attributable to the exercise by OWNER of OWNER' s rights and remedies <br /> hereunder. <br /> ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION <br /> Schedule of Values : <br /> 14 . 1 The schedule of values established as provided in paragraph 2.9 will serve as the basis for <br /> progress <br /> payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. <br /> Progress payments on account of Unit Price Work will be based on the number of units completed. <br /> Application for Progress Payment : <br /> 14 . 2 At least twenty (20) days before each progress payment is scheduled (but not more often than once <br /> a <br /> month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and <br /> signed by CONTRACTOR covering the Work completed as of the date of the Application and <br /> accompanied by such supporting documentation as is required by the Contract Documents . If payment is <br /> GENERAL CONDITIONS GC22 <br />
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