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05-28-1985 Council Packet
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05-28-1985 Council Packet
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9.6 CONTRACTOR'S WARRANTY OF ri'rf.E <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 encumbrances (hereafter in these <br />Conditions of the Contract referred to as "Liens"). <br />9.7 SUBSTANTIAL COMPLETION <br />9.7.1 When Contractor considers the. entire Work ready for its intended use <br />Contractor shall, in writing to Owner and Engineer, certify that the entire <br />Work is substantially complete and request that Engineer issue a proposed <br />Certificate of Substantial Completion. Within a reasonable time thereafter, <br />Owner, Contractor and Engineer shall make an inspection of the Work to deter- <br />mine the status of completion. If Engineer does not consider the Work sub- <br />stantially complete, Engineer will notify Contractor in writing giving his <br />reasons therefor. If Engineer considers the Work substantially complete, <br />Engineer will prepare and deliver to Owner a proposed Certificate of Substan- <br />tial Completion which shall fix the date of Substantial Completion. There <br />shall be attached to the proposed Certificate a list of items ("punch list") <br />to he completed or corrected before final payment. <br />9.7.2 Owner shall have seven days after receipt of the Certificate during <br />which he may make written objection to Engineer as to any provisions of the <br />Certificate or attached list. If, after considering such objections, Engineer <br />concludes that the Work is not substantially complete, Engineer will within <br />fourteen days after submission of the proposed Certificate to Owner notify <br />Contractor in writing, stating his reasons therefor. If, after consideration <br />of Owner's objections, F;ngineer considers the Work substantially complete, <br />Engineer will within said fourteen days execute and deliver to Owner and Con- <br />tractor a final Certificate of Substantial Completion (with any revised list <br />of items to be completed or corrected) reflecting such changes from the pro- <br />posed Certificate as he believes justified after consideration of any objec- <br />tions from Owner. At the time of delivery of the proposed Certificate of Sub- <br />stantial Completion Engineer will deliver to Owner and Contractor a written <br />recommendation as to division of responsibilities pending final payment be- <br />tween Owner and Contractor with respect to security, operation, safety, main- <br />tenance, heat, utilities and insurance. Unless Owner and Contractor Rgree <br />otherwise in writing and so inform Engineer prior to his issuing the final <br />Certificate of Substantial Completion, Engineer's aforesaid recommendation <br />will be binding on Owner and Contractor until final payment. Owner shall have <br />the right to exclude Contractor from the. Work after the date of Substantial <br />Completion, but Owner shall allow Contractor reasonable access; to complete or <br />correct items on the list of items to he completed or corrected. <br />9.8 PARTIAL. IYTILiZATION <br />lisp by Owner of completed portions (if the work may he accomplished prior to <br />Substantial COM10 etion of All thA Work cuhjert to the following: <br />I /85 - 81;;Oh <br />Copvright lags <br />lloneigtroo, Rosene, Andrrlik <br />b Associates, Inc. <br />
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