Agenda - Council - 08/23/2016 - Laserfiche WebLink

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Owner will give Contractor immediate provisions of the certificate or attached list.If, written notice (with a copy to Engineer) after considering such objections, Engineer stating the reasons for such action and concludes that the Work is not substantially promptly pay Contractor any amount complete, Engineer will within 14 days after remaining after deduction of the amount submission of the tentative certificate to so withheld. Owner shall promptly pay Owner notify Contractor in writing,stating the Contractor the amount so withheld, or reasons therefor. If, after consideration of any adjustment thereto agreed to by Owner's objections, Engineer considers the Owner and Contractor, when Contractor Work substantially complete, Engineer will corrects to Owner's satisfaction the within said 14 days execute and deliver to reasons for such action. Owner and Contractor a definitive certificate of Substantial Completion (with a revised 3. If it is subsequently determined that tentative list of items to be completed or Owner's refusal of payment was not corrected) reflecting such changes from the justified,the amount wrongfully withheld tentative certificate as Engineer believes shall be treated as an amount due as justified after consideration of any objections determined by Paragraph 14.02.C.1. from Owner. 14.03 Contractor's Warranty of Title D. At the time of delivery of the tentative certificate of Substantial Completion, A. Contractor warrants and guarantees that title Engineer will deliver to Owner and to all Work,materials,and equipment covered Contractor a written recommendation as to by any Application for Payment, whether division of responsibilities pending final incorporated in the Project or not,will pass to payment between Owner and Contractor with Owner no later than the time of payment free respect to security, operation, safety, and and clear of all Liens. protection of the Work, maintenance, heat, utilities, insurance, and warranties and 14.04 Substantial Completion guarantees. Unless Owner and Contractor agree otherwise in writing and so inform A. When Contractor considers the entire Work Engineer in writing prior to Engineer's issuing ready for its intended use Contractor shall the definitive certificate of Substantial notify Owner and Engineer in writing that the Completion, Engineer's aforesaid entire Work is substantially complete (except recommendation will be binding on Owner for items specifically listed by Contractor as and Contractor until final payment. incomplete) and request that Engineer issue a certificate of Substantial Completion. E. Owner shall have the right to exclude Contractor from the Site after the date of B. Promptly after Contractor's notification„ Substantial Completion subject to allowing Owner, Contractor, and Engineer shall make Contractor reasonable access to complete or an inspection of the Work to determine the correct items on the tentative list. status of completion. If Engineer does not consider the Work substantially complete, 14.05 Partial Utilization Engineer will notify Contractor in writing giving the reasons therefor. A. Prior to Substantial Completion of all the Work, Owner may use or occupy any C. If Engineer considers the Work substantially substantially completed part of the Work complete, Engineer will deliver to Owner a which has specifically been identified in the tentative certificate of Substantial Completion Contract Documents, or which Owner, which shall fix the date of Substantial Engineer, and Contractor agree constitutes a Completion. There shall be attached to the separately functioning and usable part of the certificate a tentative list of items to be Work that can be used by Owner for its completed or corrected before final payment. intended purpose without significant Owner shall have seven days after receipt of interference with Contractor's performance of the tentative certificate during which to make the remainder of the Work, subject to the written objection to Engineer as to any following conditions. Standard General Conditions 00 72 00-43