07-E T-Hangar Contract Award - Laserfiche WebLink

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representation by ENGINEER to (3WNER.bascd on ENO1- OWNL:R tn a sct-otT againsl the amounl recommended, but NEER's on-site observations of the Work in progress as an OWNER must give CONTRACTOR imm¢,.li:nc x~ri~en notice experienced and qualified design prnfcsslonal and on EN(il- twith a cow.' to ENGINEERI stating the rcasom. I~r such ' NEER's review of the Applicalion for Payment and the uction. accompanying data and schedules that the ~Vork has pro- gressed to the point indicated: that. to the best of ENGI: NEER's knowledge, information and belief, thc quality of SttbstantialCompletion: the Work is in accordance with the Contract Documents 14.8. \\then CONTRACTOR considers thc cmire Work (subj;ecttonnevalualionofthe Work as a functioning whole reudy for its intended use CONTRACTOR shall notify prior to or upon Substantial Completion. to the results &any O\VN ER and ENGINEER in writing that the entire Work is subsequent tests called for in the Contract Documents, to a substantially complete (except for items specifically listed by final determination of quantities and classifications for Unit CONTRACTOR as incomplete) and request that ENOl- Price Work under paragraph 9.10, and to any other qualifi- NEER issue a certificate of Subslantial Completion. Within cations stated in the recommendation): and that CONTRAC- a reasonable time thereafter, OWN ER. CONTRACTOR and TOR is entitled to payment of the amount recommended. ENGINEER shall make an inspection of the Work to deter- However. by recommending any such payment ENGINEER mine the status of completion. If ENGINEER does not con- will not thereby be deemed to have represented that exhaus- sider the Work substantially complete, ENGINEER will notify tire or continuous on-site inspections have been made to CONTRACTOR in writing giving the reasons therefor. If check the quality or the quantity of the Work beyond the ENGINEER considers the Work substantially complete, responsibilities specifically assigne.d to ENGINEER in the ENGINEER will prepare and deliver to OWN ER a tentative Contract Documents or that there may not be other matters certificate of Substantial Completion which shall fix the date or issues between the parties that might entitle CONTRAC- of Substantial Completion. There shall be attached to the TOR to be paid additionally by OWNER or OWNER to certificate a tentative list of items to be completed or cot- withhold payment to CONTRACTOR. retted before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make 14.6. ENGINEER's recommendation of final payment written objection to ENGINEER as to any provisions of the will constitute an additional representation by ENGINEER certificate or attached list. If. after considering such objec- to OWNER that thc conditions precedent to CONTRAC- tigris. ENGINEER concludes that the Work is not substan- TOWs beingentitled to final payment as set forth in paragraph tiatly complete. ENGINEER will within fourteen days after 14.13 have been fulfilled, submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If. 14.7. ENGINEER may refuse to recommend the whole after consideration of OWNER's objections, ENGINEER or any part of any payment if, in ENGINEER's opinion, it considers the Work substantially complete, ENGINEER wilt would be incon'ect tomakesuchrepresentationstoOWNER, within said fourteen days execute and deliver to OWNER ENGINEER may also refuse to recommend any such pay- and CONTRACTOR a definitive certificate of Substantial meat, or, because of subsequently discovered evidence or Completion (with a revised tentative llst of items to be eom- the results of subsequent inspections or tests, nullify any such pleted orcorrected) reflecting such changes from the tentative payment previously recommended, to such extent as may be certificate as ENGINEER believes justified after consider- necessary in ENGINEER's opinion to protect OWNER from aliGn of any objections from OWN ER. At the time of delivery of the tentative certificate of Substantial Completion ENGI- loss because: NEER will deliver to OWNER and CONTRACTORa written 14.7.1. the Work is defecth'e, orcompletedWorkhas recommendation as to division of responsibilities pending been damaged requiring correction or replacement, final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance· heat, [4.7.2, the Contract Price has been reduced by Writ- utilities, insurance and warranties. Unless OWNER and ten Amendment or Change Order, CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive 14.7.3. O",VNER has been required to correct defec- certificate of Substantial Completion, ENGINEER's afore- said recommendation will be binding on OWNER and CON- tlve Work or complete Work in accordance with paragraph 13.14. or TRACTOR until final payment. 14."/.4. of ENGINEER's actual knowledge of the 14.9. OWNER shall have the right to exclude CON- occurrence of any of the events enumerated in paragraphs TRACTOR from the Work after the date of Substantial eom- 15.2.1 through 15.2.9 inclusive, plction, but OWN ER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRAC'rOR's per- Partial Utilization: formance or furnishing of the Work or Liens have been filed 14.10. Use by OWNER of any finished part of th~: Work. in connection with the Work or thereareotheritemsentitfing which has specifically been identified in the Contract Docu- 55