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02-11-1985 Council Packet
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02-11-1985 Council Packet
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(c) Reasonable evidence indicating potential filing of claims by <br />other parties against the Contractor or Owner. <br />(d) Failure of the Contractor to make payments to Subcontractors, <br />materialmen or suppliers. <br />(e) Damage to the Owner or any other person. <br />(f) Contractor's unsatisfactory prosecution of the work. <br />10.5.2 When any of the above grounds for which payment is being withheld is <br />removed, payment shall be made for the amount withheld. <br />10.5.3 INTEREST ON UNPAID REQUESTS FOR PAYMENT: Should the Owner fail to pay <br />an approved Request for Payment within 30 days from the date of approval by <br />the Engineer and should he fail to inform the Engineer and Contractor in <br />writing of his reasons for withholding payment, the Owner shall pay to the <br />Contractor simple interest on the past due amount at an annual rate equal to <br />the monthly index of long term United States bond yields for the month prior <br />to the month in which the obligation is incurred plus an additional one per- <br />cent per annum. <br />10.6 CONTRAC'rOR'S WARRANTY OF TITLF. <br />Contractor warrants and guarantees that title to all Work, materials and <br />equipment covered by any Application for Payment, whether incorporated in the <br />Project or not, will pass to Owner at the time of payment free and clear of <br />all liens, claims, security interests and eneumbrAnces (hereafter in these <br />General Conditions referred to as "Liens"). <br />10.7 SUBSTANTIAL COMPLETION <br />When Contractor considers the entire Work ready for its intended use Contrac- <br />tor shall, in writing to Owner and Engineer, certify that the entire Work is <br />substantially complete and request that Engineer issue a certificate of Sub- <br />stantial Completion. Within a reasonable time thereafter, Owner, Contractor <br />and Engineer shall make an inspection of the Work to determine the status of <br />completion. if Engineer -toes not consider the Work substantially complete, <br />Engineer will notify Contractor in writing giving his reasons therefor. If <br />Engineer considers the Work substantially complete, Engineer will prepare and <br />deliver to Owner a tentative certificate of Substantial Completion which shall <br />fix the date of Substantial Completion. There shall be attached to the cer- <br />tificate a tentative list of items to be completed or corrected before final <br />paymen*. Owner shall have seven days after receipt of the tentative certifi- <br />cate during which he may make written objection to Engineer as to any pro- <br />visions of the certificate of attached list. If, after considering such ob- <br />jections, Engineer concludes that the Work is not substantially complete, <br />Engineer will within fourteen days afte submission of the â–ºentative <br />certificate to Owner notify Contractor in writing, stating is reasons <br />359',a <br />t <br />
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