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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 .05 Partial Utilization inspection reveals that the Work is incomplete or defective. <br /> CONTRACTOR shall immediately take such measures as <br /> A. Use by OWNER at OWNER's option of any are necessary to complete such Work or remedy such <br /> substantially completed part of the Work which has deficiencies. <br /> specifically been identified in the Contract Documents, or <br /> which OWNER, ENGINEER, and CONTRACTOR agree 14.07 Final Payment <br /> constitutes a separately functioning and usable part of the <br /> Work that can be used by OWNER for its intended purpose A. Application for Payment <br /> without significant interference with CONTRACTOR's <br /> performance of the remainder of the Work, may be 1 . After CONTRACTOR has, in the <br /> accomplished prior to Substantial Completion of all the opinion of ENGINEER, satisfactorily completed all <br /> Work subject to the following conditions. corrections identified during the final inspection and <br /> has delivered, in accordance with the Contract <br /> 1 . OWNER at any time may request CON- Documents, all maintenance and operating <br /> TRACTOR in writing to permit OWNER to use any instructions, schedules, guarantees, Bonds, <br /> such part of the Work which OWNER believes to be certificates or other evidence of insurance <br /> ready for its intended use and substantially complete. certificates of inspection, marked-up record docu- <br /> If CONTRACTOR agrees that such part of the ments (as provided in paragraph 6. 12), and other <br /> Work is substantially complete, CONTRACTOR documents, CONTRACTOR may make application <br /> will certify to OWNER and ENGINEER that such for final payment following the procedure for <br /> part of the Work is substantially complete and progress payments. <br /> request ENGINEER to issue a certificate of <br /> Substantial Completion for that part of the Work. 2. The final Application for Payment shall <br /> CONTRACTOR at any time may notify OWNER be accompanied (except as previously delivered) by: <br /> and ENGINEER in writing that CONTRACTOR (i) all documentation called for in the Contract <br /> considers any such part of the Work ready for its Documents, including but not limited to the <br /> intended use and substantially complete and request evidence of insurance required by subparagraph <br /> ENGINEER to issue a certificate of Substantial 5 .04.B .7; (ii) consent of the surety, if any, to final <br /> Completion for that part of the Work. Within a payment; and (iii) complete and legally effective <br /> reasonable time after either such request, OWNER, releases or waivers (satisfactory to OWNER) of all <br /> CONTRACTOR, and ENGINEER shall make an Lien rights arising out of or Liens filed in connection <br /> inspection of that part of the Work to determine its with the Work, <br /> status of completion. If ENGINEER does not <br /> consider that part of the Work to be substantially 3. In lieu of the releases or waivers of Liens <br /> complete, ENGINEER will notify OWNER and specified in paragraph 14.07.A.2 and as approved by <br /> CONTRACTOR in writing giving the reasons there- OWNER, CONTRACTOR may famish receipts or <br /> for. If ENGINEER considers that part of the Work releases in full and an affidavit of CONTRACTOR <br /> to be substantially complete, the provisions of para- that: (i) the releases and receipts include all labor, <br /> graph 14.04 will apply with respect to certification services, material, and equipment for which a Lien <br /> of Substantial Completion of that part of the Work could be filed; and (ii) all payrolls, material and <br /> and the division of responsibility in respect thereof equipment bills, and other indebtedness connected <br /> and access thereto. with the Work for which OWNER or OWNER's <br /> property might in any way be responsible have been <br /> 2 . No occupancy or separate operation of paid or otherwise satisfied. If any Subcontractor or <br /> part of the Work may occur prior to compliance with Supplier fails to furnish such a release or receipt in <br /> the requirements of paragraph 5 . 10 regarding full, CONTRACTOR may furnish a Bond or other <br /> property insurance. collateral satisfactory to OWNER to indemnify <br /> OWNER against any Lien. <br /> 14.06 Final Inspection <br /> B. Review of Application and Acceptance <br /> A. Upon written notice from CONTRACTOR that <br /> the entire Work or an agreed portion thereof is complete, 1 . If, on the basis of ENGINEER's observa- <br /> ENGINEER will promptly make a final inspection with tion of the Work during construction and final <br /> OWNER and CONTRACTOR and will notify CON- inspection, and ENGINEER's review of the final <br /> TRACTOR in writing of all particulars in which this Application for Payment and accompanying docu- <br /> 00700 - 42 <br />
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