Common use of Conditions to Substantial Completion Clause in Contracts

Conditions to Substantial Completion. Substantial Completion of the DB Project shall be achieved hereunder if the following conditions have been met: (i) all lanes of traffic (including ramps, interchanges, overpasses, underpasses, and other crossings) set forth in the Construction Documentation are in their final configuration and available for normal and safe use and operation; (ii) all major safety features which are part of the DB Project are installed and functional, including, as required, shoulders, guard rails, striping and delineations, concrete traffic barriers, bridge railings, cable safety systems, metal beam guard fences, safety end treatments, terminal anchor sections and crash attenuators; (iii) all required illumination for normal and safe use and operation which is part of the DB Project is installed and functional in accordance with the Technical Requirements; (iv) all required signs and signals for normal and safe use and operation which are part of the DB Project are installed and functional in accordance with the Technical Requirements; (v) the need for temporary traffic controls or for lane closures at any time which are part of the DB Project has ceased (except for any then required for routine maintenance, and except for temporary lane closures during hours of low traffic volume in accordance with and as permitted by a Department- approved traffic management plan solely in order to complete Concessionaire’s Punch List items); (vi) Contractor has completed the toll commissioning process described in the Technical Requirements, and the ETTM System is completed, has passed all demonstration and performance testing in accordance with the Construction Documentation and the Technical Requirements, including demonstration of interoperability with E-ZPass or any successor to E-ZPass then utilized on State Highways, and is ready for normal operation unless the foregoing conditions have been previously satisfied under Section 9.02(a)(viii) of the Comprehensive Agreement; (vii) the TMS (if any) and safety features for TMS components are installed and functional; (viii) Contractor has concluded a Performance Test in which the DB Project demonstrates a level of achievement deemed satisfactory in accordance with the Performance Testing and Commissioning Plan and Program; (ix) Contractor has delivered either (i) (A) an interim lien waiver, in the form of Exhibit D hereto, of Contractor’s lien Claims to the extent of most recent payment received by Contractor and (B) interim lien waivers, in form of Exhibit E hereto, from each Subcontractor with a Subcontract in excess of $50,000, to the extent of the most recent payment received by such Contractor, as are necessary to support Contractor’s certificate (or solely in the case of vendors providing materials or equipment valued at less than $50,000 in the aggregate, other evidence reasonably satisfactory to Concessionaire demonstrating that such vendor has waived or is not entitled to place any lien on any part of the Project or the Project Right of Way); or (ii) written evidence of posting of a bond by Contractor in the amount equal to the aggregate of amounts of all liens on any part of the Project or the Project Right of Way that remain outstanding as of the date of Substantial Completion (or, if earlier, the date of the most recent payment to Contractor); (x) Contractor has otherwise completed the DB Work in accordance with this Agreement, including the Technical Requirements, other Contract Documents and the Construction Documentation, such that the DB Project is in a physical condition that it can be used for normal and safe vehicular travel in all lanes and at all points of entry and exit, except for any remaining items listed in Concessionaire’s Punch List;