Reso 2005-825 - Laserfiche WebLink

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II Li n u n u n LJ n u n u ties peoding fmal payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Wort, mainterwu:e, heat, utilities, insW1lJlCC, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing lhe definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. u (I 14.05 Partial Utilizarion n LJ (I Li 11 LJ 11 LJ 11 Li Ii Li (I LJ n u n u n u n u n l.J A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been idcntifJCd in the Contract Oocumcnts, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's perfonnaDCC of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CON- TRACTOR in writing.to permit OWNER to use any such part of the Work: which OWNER believes to be ready for its imendetf use and substantiaDy complete. If CONTRACTOR asrees lhat such pari of Ibc Work is substandally complete, CONTRACTOR. will c:cnify to OWNER and ENOINEBR dIIIt such part of the Wort is IUMtJltltiAI~ complete and RqUCIl BNOINBBR 10 issue . c:ertificare of SubsWItiII Comp1etitm for 1bat part of. the Wort. CONTRACTOR at aay.time may notify OWNER aDd ENGINEER iD writing that CONTRACTOR considers any such pan of the Work: ready for its intcDdcd use and substantia11y complete and request ENGINEER to issue a certifICate of Substantial Completion for that part of the Work:. Wichin a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER sba1l make an im:pet"tioD of lhat part of the Work: to derermine its status of completion. If ENGINEER docs DOl amsidcr that pan of cbe Work: to be substantia11y complete, ENGINEER wW DOdf)' OWNER aDd CONTRACJ"OR ill writiDg living rbc rcasoas therefor. If ENGINEER considers chat pan of Ibc Work: 10 be substantially complete,the provisions of~h 14.04 will apply wid1 n:spec:t to ccrtificatioa of SubstamiaI Completion of Ibat part of Ibc Wort and Ibc division of rcspoasibility ill respect rbcreof and access cbereto. 00700 - 39 2. No occupancy or separate operation of part of the Work may occur prior to compliance wilh the requirements of paragraph 5.10 regarding property insurance. 14.06 Final [rupee/ion A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a rmal inspection with OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that lhe Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies . 14.07 FiflDl Payment A. AppliCalion for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the fmal inspection and has delivered, in accordance wilh the Contract Documents, all main- tenance and operating' instruCtions, schedules, guaran- tees, Bonds, certificatcs or otl1cr evidence of insurance certificates of inspection, mar1ccd-up record documents (as provided in paragraph 6.12), and olher documents, CONTRACTOR may make application for f'mal payment-following the procedure tor progxess payments. 2. The fmal Application for P.aymeDl sba11 be accompanied (except as previously delivered) by: (i) all dOCUlDl'!l'ltJltiOl) called for ill dJe ConIraclI)ool.ftVl!ftts, iDclucliD& bat DOt limited to the evideace of iDsuraDcc . requiIecl' by IUbparIsraph '5:04.8.7; (II) ClOIIIeIIf 0( the . ~.,ifay.1O'fiDal paymem: ad (ail) comp1efeJQd '. .lepJ1y cffecdw'.sdeasca'or waivers .(satiifactory to OWNER) of iD. Uen .rights'arising out of or lJens filed in c:onncction with the Work:. 3. In lieu of the releases or waiven of Uens speclrlCd in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR. may furnish receipts or releases in fun aDd an affidavit of CONTRACTOR. 'chat: (i) dJe relCUCI and receipts.iDelude all labor, services, marerial, and equipmeat for which . Lieu could be filed: and (d) all payroUa, material and equipment. bUls, aDd ocher indebfecIneas c:onnect.ed widllbc Wort for ~ OWNER or OWNER', property misbt illlID)' way..be r&paasto1c have been paid or ocbcrwise sadsficd. If my Subc:onr:rador or Supplier falls to furnish such . release or rec:cipt ill full, CONTRACTOR'may furDish . Bond orocber eol1alcral lltisflClOl')' to. OWNER. to iadcmnify OWNER against any Uen. . .