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2004-030
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2004-030
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Last modified
8/23/2016 2:19:57 PM
Creation date
9/30/2015 7:18:44 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
02/17/2004
Control Number
2004-030
Agenda Item Number
7.F.
Entity Name
Oklawaha Farms Inc.
Subject
Harmony Oaks Mitigation Project Wetlands restoration
Area
Vero Shores
Project Number
9219A
Bid Number
6045
Archived Roll/Disk#
3209
Supplemental fields
SmeadsoftID
3631
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' a. claims have been made against OWNER A. When CONTRACTOR considers the entire Work <br /> on account of CONTRACTOR' s performance or ready for its intended use CONTRACTOR shall notify <br /> furnishing of the Work; OWNER and ENGINEER in writing that the entire Work is <br /> ' substantially complete (except for items specifically listed <br /> Part of Paragraph 14.02.D. 1 .b. has been deleted. by CONTRACTOR as incomplete) and request that <br /> b . Liens have been filed in connection with ENGINEER issue a certificate of Substantial Completion, <br /> t the Work, exeept here GOThR41ACT-OR w Promptly thereafter, OWNER, CONTRACTOR, and <br /> ENGINEER shall make an inspection of the Work to <br /> ER to seeufe 4. e s.atis.fae-tie.fla disehaFge ` determine the status of completion. If ENGINEER does not <br /> ' sush Liens ; consider the Work substantially complete, ENGINEER will <br /> notify CONTRACTOR in writing giving the reasons <br /> c. there are other items entitling OWNER to therefor. If ENGINEER considers the Work substantially <br /> a set-off against the amount recommended; or complete, ENGINEER will prepare and deliver to OWNER <br /> ' a tentative certificate of Substantial Completion which shall <br /> d. OWNER has actual knowledge of the fix the date of Substantial Completion. There shall be <br /> occurrence of any of the events enumerated in attached to the certificate a tentative list of items <br />to be <br /> paragraphs 14.02 .B . 5 . a through 14 .02 .B . 5 .c or completed or corrected before final payment. OWNER <br /> ' paragraph 15 .02 .A. shall have seven days after receipt of the tentative certificate <br /> during which to make written objection to ENGINEER as <br /> New paragraphs 14.02.D.1 .e, f, g, and h have been to any provisions of the certificate or attached list. <br /> If, after <br /> ' added. See the Supplementary Conditions. considering such objections, ENGINEER concludes that the <br /> Work is not substantially complete, ENGINEER will within <br /> 2. If OWNER refuses to make payment of 14 days after submission of the tentative certificate to <br /> the full amount recommended by ENGINEER, OWNER notify CONTRACTOR in writing, stating the <br /> OWNER must give CONTRACTOR immediate reasons therefor. If, after consideration of OWNER' S <br /> written notice (with a copy to ENGINEER) stating objections, ENGINEER considers the Work substantially <br /> the reasons for such action and promptly pay CON- complete, ENGINEER will within said 14 days execute and <br /> ' TRACTOR any amount remaining after deduction deliver to OWNER and CONTRACTOR a definitive <br /> of the amount so withheld. OWNER shall promptly certificate of Substantial Completion (with a revised <br /> pay CONTRACTOR the amount so withheld, or any tentative list of items to be completed or corrected) <br /> ' adjustment thereto agreed to by OWNER and reflecting such changes from the tentative certificate <br /> as <br /> CONTRACTOR, when CONTRACTOR corrects to ENGINEER believes justified after consideration of any <br /> OWNER' s satisfaction the reasons for such action, objections from OWNER. At the time of delivery of the <br /> tentative certificate of Substantial Completion ENGINEER <br /> ' 3 . If it is subsequently determined that will deliver to OWNER and CONTRACTOR a written <br /> OWNER' s refusal of payment was not justified, the recommendation as to division of responsibilities pending <br /> amount wrongfully withheld shall be treated as an final payment between OWNER and CONTRACTOR with <br /> ' amount due as determined by paragraph 14 .02 .C. 1 . respect to security, operation, safety, and protection of the <br /> Work, maintenance, heat, utilities, insurance, and warranties <br /> 14 . 03 CONTRACTOR 's Warranty of Title and guarantees . Unless OWNER and CONTRACTOR <br /> agree otherwise in writing and so inform ENGINEER in <br /> ' A. CONTRACTOR warrants and guarantees that title writing prior to ENGINEER ' s issuing the definitive <br /> to all Work, materials, and equipment covered by any certificate of Substantial Completion, ENGINEER' s <br /> Application for Payment, whether incorporated in the aforesaid recommendation will be binding on OWNER and <br /> ' Project or not, will pass to OWNER no later than the time CONTRACTOR until final payment, <br /> of payment free and clear of all Liens. <br /> B . OWNER shall have the right to exclude <br /> Substitute "Final Completion" for "Substantial CONTRACTOR from the Site after the date of Substantial <br /> ' Completion." There is no Substantial Completion for Completion, but OWNER shall allow CONTRACTOR <br /> this Work. Therefore, there is no Substantial reasonable access to complete or correct items on the <br /> Completion date, only Final Completion. See tentative list. <br /> paragraph SC47.07.A of the Supplementary <br /> Conditions. <br /> 14 . 04 Substantial Completion <br /> ' 00700 - 41 <br />
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