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Neptune General Contractors 1/25/2022
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Neptune General Contractors 1/25/2022
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Last modified
2/11/2022 10:19:54 AM
Creation date
2/11/2022 10:12:21 AM
Metadata
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Contracts
Contractor's Name
Neptune General Contractors
Approval Date
1/25/2022
Council Approval Date
12/15/2021
End Date
5/31/2022
Department
Parks
Department Project Manager
Dean Shaughnessy
Subject / Project Title
Rotary Park Renovation
Public Works WO Number
PW2021-072
Tracking Number
0003186
Total Compensation
$419,650.00
Contract Type
Capital Contract
Retention Period
10 Years Then Transfer to State Archivist
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I <br /> 3. OWNER <br /> 3.1. GENERAL <br /> The Owner,and the Owner's Representative, shall have the authority to act as the sole judge of the Work, <br /> I Equipment and materials with respect to both quantity and quality as set forth in the Contract. It is <br /> expressly stipulated that the Drawings, Specifications and other Contract Documents set forth the <br /> requirements as to the nature of the completed Work and do not purport to control the method of <br /> performing Work except in those instances where the nature of the completed Work is dependent on the <br /> Imethod of performance. <br /> The Owner has the authority to act,do,perform,and make any all decisions and actions authorized by the <br /> I Contract Documents,including,but not limited to,Change Orders,progress payments,Contract <br /> decisions, acceptability of the Contractor's Work,and early possession. The Owner has the authority to <br /> accept or reject requests for progress payments that have been submitted by the Contractor and <br /> recommended by the Owner's Representative. The Owner has the authority to make determinations of <br /> I the acceptability of the Work. The Owner also has the authority to accept or reject the Owner's <br /> Representative's recommendations regarding retention of defective Work. <br /> 3.2. OWNER'S REPRESENTATIVE <br /> IThe Owner's Representative shall be satisfied that all the Work is being done in accordance with the <br /> requirements of the Contract. The Contract and Specifications give the Owner's Representative authority <br /> over the administration of the Contract. Whenever it is so provided in this Contract,the decision of the <br /> I Owner's Representative shall be final. <br /> The Owner's Representative's decisions will be final on all questions including but not limited to,unless <br /> I specifically assigned to an Architect or Engineer,the following: <br /> 1. Measurement of Work,whether lump sum,Force Account, or unit price; <br /> 2. Acceptability of rates of progress on the Work; <br /> 1' 3. Interpretation of Drawings and Specifications with regard to administrative <br /> matters; <br /> 4. Determination as to the existence of changed or differing site conditions; <br /> I 5. Fulfillment of the Contract by the Contractor; <br /> 6. Payments under the Contract including adjustment and; <br /> I/ 7. Suspension(s)of Work. <br /> If the Contractor fails to respond promptly to the requirements of the Contract or orders from the Owner's <br /> Representative: <br /> 1. The Owner's Representative may use the Owner's resources,other contractors, <br /> or other means to accomplish the Work,and <br /> 2. The Owner will not be obligated to pay the Contractor,and will deduct from <br /> I <br /> the Contractor's payments,any costs that result when any other means are used <br /> to carry out the Contract requirements or Owner's Representative's orders. <br /> IIAt the Contractor's risk,the Owner's Representative may suspend all or part of the Work if: <br /> 1. The Contractor fails to fulfill Contract terms,to carry out the Owner's <br /> Representative's orders,or to correct unsafe conditions of any nature; or <br /> I2. It is in the public interest. <br /> The Owner's Representative and Owner shall have complete access to the Work and to the Site of the <br /> IWork and to the places where Work is being prepared or where materials,Equipment,and machinery are <br /> - General Conditions—007200-9 <br /> I <br />
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