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2006-417-2of2
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2006-417-2of2
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Last modified
9/1/2016 4:32:45 PM
Creation date
9/30/2015 10:24:29 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
12/12/2006
Control Number
2006-417
Agenda Item Number
11.I.1.
Entity Name
Kimley-Horn Associates, Inc.
Subject
Oslo Road (CR 606) Phase I, Road Widening
Project Number
9705C
Supplemental fields
SmeadsoftID
5987
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14 .02.1)) become <br /> and Mien Elue will be paid b5 <br /> OWNED to CONTRACTOR.� 14.04 Substantial Completion <br /> D. Reduction in Payment A. When CONTRACTOR considers the entire Work <br /> ready for its intended use CONTRACTOR shall notify <br /> 1 . OWNER may refuse to make payment of OWNER and ENGINEER in writing that the entire Work is <br /> the full amount recommended by ENGINEER substantially complete (except for items specifically listed <br /> because : by CONTRACTOR as incomplete) and request that <br /> ENGINEER issue a certificate of Substantial Completion. <br /> a. claims have been made against OWNER Promptly thereafter, OWNER, CONTRACTOR, and <br /> on account of CONTRACTOR's performance or ENGINEER shall make an inspection of the Work to <br /> furnishing of the Work; determine the status of completion. If ENGINEER does not <br /> consider the Work substantially complete, ENGINEER will <br /> Part of Paragraph 14.02.D.1 .2.b. has been deleted. notify CONTRACTOR in writing giving the reasons <br /> b. Liens have been filed in connection with therefor. If ENGINEER considers the Work substantially <br /> the Work, e.cert :, erc. CnnrTP ; nnoyc complete, ENGINEER will prepare and deliver to OWNER <br /> specifie Bond sats faetai to na tentative certificate of Substantial Completion which shall <br /> ro t seetife the satisfaction: and diseb .__ . of fix the date of Substantial Completion. There shall be <br /> such-Liens; attached to the certificate a tentative list of items to be <br /> completed or corrected before final payment. OWNER <br /> c. there are other items entitling OWNER to shall have seven days after receipt of the tentative certificate <br /> a set-off against the amount recommended; or during which to make written objection to ENGINEER as <br /> to any provisions of the certificate or attached list. If, after <br /> d. OWNER has actual knowledge of the considering such objections, ENGINEER concludes that the <br /> occurrence of any of the events enumerated in Work is not substantially complete, ENGINEER will within <br /> paragraphs 14.02.B.5.a through 14.02.B.5 .c or 14 days after submission of the tentative certificate to <br /> paragraph 15.02.A. OWNER notify CONTRACTOR in writing, stating the <br /> reasons therefor. If, after consideration of OWNER's <br /> New paragraphs 14.02.D.1 .e, f, g, and h have been objections, ENGINEER considers the Work substantially <br /> added. See the Supplementary Conditions. complete, ENGINEER will within said 14 days execute and <br /> deliver to OWNER and CONTRACTOR a definitive <br /> 2. If OWNER refuses to make payment of certificate of Substantial Completion (with a revised <br /> the full amount recommended by ENGINEER, tentative list of items to be completed or corrected) <br /> OWNER must give CONTRACTOR immediate reflecting such changes from the tentative certificate as <br /> written notice (with a copy to ENGINEER) stating ENGINEER believes justified after consideration of any <br /> the reasons for such action and promptly pay CON- objections from OWNER. At the time of delivery of the <br /> TRACTOR any amount remaining after deduction tentative certificate of Substantial Completion ENGINEER <br /> of the amount so withheld. OWNER shall promptly will deliver to OWNER and CONTRACTOR a written <br /> pay CONTRACTOR the amount so withheld, or any recommendation as to division of responsibilities pending <br /> adjustment thereto agreed to by OWNER and final payment between OWNER and CONTRACTOR with <br /> CONTRACTOR, when CONTRACTOR corrects to respect to security, operation, safety, and protection of the <br /> OWNER's satisfaction the reasons for such action. Work, maintenance, heat, utilities, insurance, and warranties <br /> and guarantees. Unless OWNER and CONTRACTOR <br /> 3. If it is subsequently determined that agree otherwise in writing and so inform ENGINEER in <br /> OWNER's refusal of payment was not justified, the writing prior to ENGINEER's issuing the definitive <br /> amount wrongfully withheld shall be treated as an certificate of Substantial Completion, ENGINEER's <br /> amount due as determined by paragraph 14.02 .C. 1 . aforesaid recommendation will be binding on OWNER and <br /> CONTRACTOR until final payment. <br /> 14 .03 CONTRACTOR 'S Warranty of Title <br /> B. OWNER shall have the right to exclude <br /> A. CONTRACTOR warrants and guarantees that title CONTRACTOR from the Site after the date of Substantial <br /> to all Work, materials, and equipment covered by any Completion, but OWNER shall allow CONTRACTOR <br /> Application for Payment, whether incorporated in the reasonable access to complete or correct items on the <br /> Project or not, will pass to OWNER no later than the time tentative list. <br /> of payment free and clear of all Liens. <br /> 00700 - 41 <br />
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