Common use of Acceptance of Improvements Clause in Contracts

Acceptance of Improvements. After the required Improvements have been installed and completed, and within forty-five (45) days after receiving written notice that the Developer desires the Village to inspect such Improvements, the Village Engineer shall inspect the Improvements. If the Improvements comply with all state and Village requirements, the Village Engineer may accept the Improvements on behalf of the Village. Before acceptance of any such Improvements by the Village, the Developer shall: (1) present to the Village valid lien waivers from all persons providing materials or performing work on the Improvements for which certification is sought; (2) provide as built drawings to the Village Engineer in .pdf, .dwg, and .shp file formats; (3) provide to the Village all information regarding such Improvements that the Village requests to comply with GASB 34. Certification by the Village Engineer does not constitute a waiver by the Village of the right to draw funds under a letter of credit or invoke its rights under a performance bond because of defects in or failure of any Improvements that are detected or which occur following such certification. (1) The Developer understands and acknowledges that the required Improvements will not be accepted by the Village until they have been inspected and approved by the Village Engineer and until all outstanding Village costs, including engineering and inspection charges, have been paid in full, and lien waivers are received by the Village indicating that the contractors and their suppliers have been paid in full for all work and materials furnished under this Agreement. The sanitary sewer and water main and the respective service laterals shall not be accepted until a complete breakdown of all construction, engineering, and administrative costs incurred by the Developer is submitted to the Village Engineer. The Developer shall clean the sanitary sewers in accordance with the directives of the Village Engineer. The water system installation shall not be accepted until a bacteriologically safe sample is obtained and tested by a certified agency. The Developer shall be responsible to flush the mains, obtain the samples, and have all tests completed as may be required for the Village’s acceptance, under the direct supervision of the Village's Water Utility personnel. Upon completion of the mains, hydrants, valves, appurtenances, and service laterals and acceptance of the system by the Village, ownership and control of the system (excepting sewer laterals and the private part of water laterals which shall remain private property) shall be turned over without any restrictions to the Village. The Developer shall provide for maintenance and repair of all required Improvements until such Improvements are formally accepted by the Village.

Acceptance of Improvements. After the required Improvements have been installed 4.1 The County and completed, and within forty-five (45) days after receiving written notice that the Developer desires the Village to inspect such Improvements, the Village Engineer agree that no Improvement shall inspect the Improvements. If the Improvements comply with all state be considered complete unless and Village requirements, the Village Engineer may accept the Improvements on behalf of the Village. Before acceptance of any such Improvements by the Village, the Developer shall: (1) present to the Village valid lien waivers from all persons providing materials or performing work on the Improvements for which certification is sought; (2) provide as built drawings to the Village Engineer in .pdf, .dwg, and .shp file formats; (3) provide to the Village all information regarding such Improvements that the Village requests to comply with GASB 34. Certification by the Village Engineer does not constitute a waiver by the Village of the right to draw funds under a letter of credit or invoke its rights under a performance bond because of defects in or failure of any Improvements that are detected or which occur following such certification.until: (1a) The Developer understands the Improvement has been fully constructed and acknowledges that the required Improvements will not be accepted by the Village until they have been inspected and approved by the Village Engineer and until all outstanding Village costs, including engineering and inspection charges, have been paid in full, and lien waivers are received by the Village indicating that the contractors and their suppliers have been paid in full for all work and materials furnished under this Agreement. The sanitary sewer and water main and the respective service laterals shall not be accepted until a complete breakdown of all construction, engineering, and administrative costs incurred by the Developer is submitted to the Village Engineer. The Developer shall clean the sanitary sewers installed in accordance with the directives approved Plans; (b) the Improvement has been constructed and installed in accordance with the Design Standards and accepted engineering and construction practices; (c) all testing has been completed and the results approved by the County within a reasonable time of receipt; (d) all easements, utility rights-of-way and restrictive covenants have been registered in a form acceptable to the County; (e) all public properties which have been disturbed or damaged have been fully restored or repaired, as reasonable in the circumstances, by the Developer; (f) the Improvement is suitable for the purpose intended in accordance with the approved Plans; and (g) the Developer has provided the County with any applicable operation plans, operation manuals or maintenance manuals, for the Improvements having special operation or maintenance requirements. 4.2 When the Developer claims that each of the Village EngineerImprovements for the Development Area as identified in Schedule “C” have been constructed and installed in accordance with the requirements of this Agreement, then the Developer shall give notice in writing of such claimed completion to the County. 4.3 Within Sixty (60) days of receipt of such claim of completion, the County will notify the Developer in writing of its acceptance (by the issuance of a Construction Completion Certificate) or rejection of the Improvements so completed, together with all reasons for rejections, in writing. 4.4 Notwithstanding the preceding paragraph, the County may give notice to the Developer of the County's inability to conduct an inspection within the said Sixty (60) days due to adverse site or weather conditions, and in such an event the time limit for such an inspection shall be extended until no later than Sixty (60) days following the elimination of such adverse site or weather conditions. 4.5 It is understood between the County and the Developer that the County shall be at liberty to issue a conditional Construction Completion Certificate for the Improvements and such acceptance shall be conditional upon the completion of minor deficiencies by the Developer within Thirty (30) days. 4.6 In the event that an inspection reveals any deficiencies (ordinary wear and tear excepted) in relation to a particular Improvement, the County may refuse to issue a Construction Completion Certificate for the Improvement and require the Developer to repair or replace the whole or any portion of any such Improvements; PROVIDED, that upon completion of the repairs or replacement required to correct any such deficiencies, the Developer may request a further inspection and issuance of a Construction Completion Certificate. 4.7 Not more than Ninety (90) days nor less than Sixty (60) days prior to the expiration of any Guarantee Period for the Improvements or any portion the Developer shall give notice to the County of expiration of the Guarantee Period for the Improvements and the Developer shall request a Final Acceptance Certificate in respect to the Improvements. The water system installation Developer's notice shall not be accepted until a bacteriologically safe sample is obtained and tested accompanied by a certified agency. list of any deficiencies. 4.8 Within Sixty (60) days of the receipt by the County of a request for a Final Acceptance Certificate, the County shall undertake an inspection of the Improvements and the County shall within the said Sixty (60) days advise the Developer in writing of any deficiencies (ordinary wear and tear excepted) in relation to the Improvements (i.e. any deficiencies referred to by the Developer and any additional deficiencies); PROVIDED, that the above provisions respecting extension to inspection deadlines shall also apply to any request for the issuance of a Final Acceptance Certificate. 4.9 In the event that there are any deficiencies (ordinary wear and tear excepted) in relation to a particular Improvement the County may refuse to issue the Final Acceptance Certificate of the Improvements and require the Developer to repair or replace the whole or any portion of any such Improvements; PROVIDED, that upon completion of the repairs or replacement required to correct any such deficiencies, the Developer may request a further inspection and issuance of a Final Acceptance Certificate. 4.10 It is understood between the County and the Developer that the County shall be at liberty to issue a conditional Final Acceptance Certificate for the Improvements and such acceptance shall be conditional upon the completion of minor deficiencies by the Developer within Thirty (30) days. 4.11 Upon the issuance of a Construction Completion Certificate by the County for the Improvements, the Developer hereby acknowledges that all right, title and interest in the Improvements (excluding facilities owned by private utility companies) located on or under public properties (including utility rights-of-way and easement areas) vests in the County without any cost or expense to the County therefore, and the Improvements shall become the property of the County. 4.12 The County and the Developer agree, notwithstanding the issuance of a Final Acceptance Certificate for the Improvements located on or under public properties (including utility rights-of-way and easement areas), that the Developer shall be responsible responsible, for a period of Five (5) years following the issuance of a Final Acceptance Certificate for such Improvements, to flush repair or replace any of such Improvements where there were any hidden or latent defects (which were reasonably not capable of being detected by inspections or tests actually undertaken) in any of these Improvements, which are causally connected to the mains, obtain the samples, and have all tests completed as may be required for the Village’s acceptance, under the direct supervision performance or non-performance of the Village's Water Utility personnel. Upon completion obligations of the mains, hydrants, valves, appurtenances, Developer under this Agreement and service laterals and acceptance were not discovered prior to the issuance of the system Final Acceptance Certificate. In the event of a dispute regarding this provision, the parties may mutually agree to resolve any dispute under this provision by the Village, ownership and control means of the system (excepting sewer laterals and the private part a mutually hiring an independent engineering firm to determine causation of water laterals which shall remain private property) shall be turned over without hidden or latent defects in any restrictions Improvements installed or constructed pursuant to the Village. The Developer shall provide for maintenance and repair of all required Improvements until such Improvements are formally accepted by the Villagethis Agreement.