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2010 Construction and Material Specifications - Ohio Department of ...

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109.12<br />

Failure to submit these acceptably completed documents will result in an<br />

administrative fee <strong>of</strong> $100 per Calendar Day for every day that any <strong>of</strong> the required<br />

documents remain delinquent, starting 30 Calendar Days after receipt <strong>of</strong> written<br />

notification from the Engineer <strong>of</strong> a document deficiency.<br />

D. Final Payment. Final payment is based on:<br />

1. The agreed final quantities or as determined by the Engineer if<br />

agreement is not possible, no compensation for unauthorized work is allowed.<br />

2. Finding <strong>of</strong> substantial completion by the Final Inspector.<br />

3. Receipt <strong>of</strong> acceptable finalization documents.<br />

4. Contractor certification that the Work was performed in accordance<br />

with the contract.<br />

E. Completion <strong>of</strong> Contract <strong>and</strong> Continuation <strong>of</strong> Contractor’s<br />

Responsibility. The Contract is complete, except for items covered by the<br />

required bonds, when the Contractor receives final payment. The DCE will issue a<br />

letter confirming completion <strong>of</strong> the contract, noting any exception as provided in<br />

Items 659 <strong>and</strong> 661 <strong>and</strong> any warranty. The date the final payment is approved by<br />

the District constitutes acceptance for the purpose <strong>of</strong> ORC 5525.16. Neither<br />

Completion <strong>of</strong> the Contract nor substantial completion relieves the Contractor <strong>of</strong><br />

any responsibilities to properly perform or correct the Work or to repair damage or<br />

waives any remedies to which the <strong>Department</strong> is entitled at law or in equity.<br />

82

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