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(04-12-02) Golden Shores Entrance Wall
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Last modified
6/13/2012 2:36:48 AM
Creation date
1/13/2011 11:30:04 AM
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CityClerk-Bids_RFP_RFQ
Project Name
Golden Shores Entrance Wall
Bid No. (xx-xx-xx)
04-12-02
Project Type (Bid, RFP, RFQ)
Bid
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0 <br />F <br />revise or revoke any such payment recommendation <br />previously made, to such extent as may be necessary in <br />ENGINEER's opinion to protect OWNER from loss <br />because: <br />a. the Work is defective, or completed Work <br />has been damaged, requiring correction or replace- <br />ment; <br />b. the Contract Price has been reduced by <br />Written Amendment or Change Orders; <br />c. OWNER has been required to correct <br />defective Work or complete Work in accordance <br />with paragraph 13.09; or <br />d. ENGINEER has actual knowledge of the <br />occurrence of any of the events enumerated in para- <br />graph 15.02.A. <br />C. Payment Becomes Due <br />1. Ten days after presentation of the Application <br />for Payment to OWNER with ENGINEER's recom- <br />mendation, the amount recommended will (subject to the <br />provisions of paragraph 14.02.D) become due, and when <br />due will be paid by OWNER to CONTRACTOR. <br />D. Reduction in Payment <br />1. OWNER may refuse to make payment of the <br />full amount recommended by ENGINEER because: <br />a. claims have been made against OWNER on <br />account of CONTRACTOR's performance or fur- <br />nishing of the Work, <br />b. Liens have been filed in connection with the <br />Work, except where CONTRACTOR has delivered <br />a specific Bond satisfactory to OWNER to secure <br />the satisfaction and discharge of such Liens; <br />c. there are other items entitling OWNER to <br />a set -off against the amount recommended; or <br />d. OWNER has actual knowledge of the occur - <br />rence of any of the events enumerated in paragraphs <br />14.02.B.5.a through 14.02.B.5.c or paragraph <br />15.02.A. <br />2. If OWNER refuses to make payment of the full <br />amount recommended by ENGINEER, OWNER must <br />give CONTRACTOR immediate written notice (with a <br />copy to ENGINEER) stating the reasons for such action <br />and promptly pay CONTRACTOR any amount <br />remaining aftt, deduction of the amount so withheld. <br />OWNER shall promptly pay CONTRACTOR the <br />amount so withheld, or any adjustment thereto agreed to <br />by OWNER and CONTRACTOR, when CONTRAC- <br />TOR corrects to OWNER's satisfaction the reasons for <br />such action. <br />3. If it is subsequently determined that OWNER's <br />refusal of payment was not justified, the amount <br />wrongfully withheld shall be treated as an amount due as <br />determined by paragraph 14.02.C.1. <br />14.03 CONTRACTOR's Warranty of Title <br />A. CONTRACTOR warrants and guarantees that title <br />to all Work, materials, and equipment covered by any <br />Application for Payment,. whether incorporated in the Project <br />or not, will pass to OWNER no later than the time of <br />payment free and clear of all Liens. <br />14.04 Substantial Completion <br />A. When CONTRACTOR considers the entire Work <br />ready for its intended use CONTRACTOR shall notify <br />OWNER and ENGINEER in writing that the entire Work is <br />substantially complete (except for items specifically listed by <br />CONTRACTOR as incomplete) and request that ENGINEER <br />issue a certificate of Substantial Completion. Promptly <br />thereafter, OWNER, CONTRACTOR, and ENGINEER <br />shall make an inspection of the Work to determine the status <br />of completion. If ENGINEER does not consider the Work <br />substantially complete, ENGINEER will notify <br />CONTRACTOR in writing giving the reasons therefor. If <br />ENGINEER considers the Work substantially complete, <br />ENGINEER will prepare and deliver to OWNER a tentative <br />certificate of Substantial Completion which shall fix the date <br />of Substantial Completion. There shall be attached to the <br />certificate a tentative list of .items to be completed or <br />corrected before -final - payment__ OWNER shall have seven <br />.days after receipt of the tentative certificate during which to <br />make written objection to ENGINEER as to any provisions <br />of the certificate or attached list. If, after considering such <br />objections, ENGINEER concludes that the Work is not <br />substantially complete, ENGINEER will within 14 days after <br />submission of the tentative certificate to OWNER notify <br />CONTRACTOR in writing, stating the reasons therefor. If, <br />after consideration of OWNER's objections, ENGINEER <br />considers the Work substantially complete, ENGINEER will <br />within said 14 days execute and deliver to OWNER and <br />CONTRACTOR a definitive certificate of Substantial <br />Completion (with a revised tentative list of items to be <br />completed or corrected) reflecting such changes from the <br />tentative certificate as ENGINEER believes justified after <br />consideration of any objections from OWNER. At the time <br />of delivery of the tentative certificate of Substantial Comple- <br />tion ENGINEER will deliver to OWNER and CONTRAC- <br />TOR a written recommendation as to division of responsibili- <br />' 00700 -38 <br />
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