Common use of Date of Substantial Completion Clause in Contracts

Date of Substantial Completion. 9.9.1 The Date of Substantial Completion of the Work is the date the City determines construction is sufficiently complete, in accordance with the Contract Documents, so the City may occupy or use the Work, or designated portion thereof, for its intended purpose, without restriction. Substantial Completion date(s), if any, are specified elsewhere in the Contract Documents. 9.9.1.1 When DESIGN-BUILD CONTRACTOR considers the Work, or a portion thereof designated by Director, to be substantially complete, DESIGN-BUILD CONTRACTOR shall prepare and submit to Director a comprehensive Punch List of items to be completed or corrected. Failure to include an item on the Punch List does not alter the responsibility of DESIGN-BUILD CONTRACTOR to comply with the Contract Documents. 9.9.1.2 By submitting the Punch List to Director, DESIGN-BUILD CONTRACTOR represents that work on the Punch List will be completed within the time provided for in Subparagraph 9.9.4.3. 9.9.2 Upon receipt of DESIGN-BUILD CONTRACTOR’s Punch List, Director will inspect the Work, or designated portion thereof, to verify that the Punch List contains all items needing completion or correction. If Director’s inspection discloses items not on DESIGN- BUILD CONTRACTOR’s Punch List, the items must be added to the Punch List of items to be completed or corrected. If Director’s inspection reveals that DESIGN-BUILD CONTRACTOR is not yet substantially complete, DESIGN-BUILD CONTRACTOR shall complete or correct the deficiencies and request another inspection by Director. The City may recover the costs of re-inspection from DESIGN-BUILD CONTRACTOR. Director will use reasonable efforts to inspect the phase of Construction within a reasonable time following receipt of DESIGN-BUILD CONTRACTOR’s Punch List, and if the Director disagrees that Substantial Completion has been achieved, the Director will provide written notice as to what remains before Substantial Completion is achieved (but the Director shall not be prohibited from identifying other deficiencies later). 9.9.3 Prior to Director’s issuing a Certificate of Substantial Completion for the Work or portion of the Work designated by the Director, DESIGN-BUILD CONTRACTOR shall also provide the Director: 9.9.3.1 Certificate of Occupancy (a temporary Certificate of Occupancy is acceptable provided DESIGN-BUILD CONTRACTOR promptly and diligently proceeds to obtain a permanent Certificate of Occupancy without conditions) for new construction, or Certificate of Compliance for remodeled work, as applicable; and 9.9.3.2 compliance with Texas Accessibility Standards through state inspection of the Work, if required. If DESIGN-BUILD CONTRACTOR calls for inspection in a timely manner and the inspection is delayed through no fault of DESIGN-BUILD CONTRACTOR, and Director so confirms, Director may, upon request by DESIGN-BUILD CONTRACTOR, add the inspection to the Punch List in Paragraph 9.9.2 and issue a Certificate of Substantial Completion. 9.9.4 When the Work, or designated portion thereof, is determined by Director to be sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work, or designated portion thereof, for the purpose for which it is intended, and all other conditions and requirements are satisfied, Director will prepare a Certificate of Substantial Completion that incorporates the Punch List in Paragraph 9.9.2 and establishes: 9.9.4.1 Date of Substantial Completion; 9.9.4.2 responsibilities of the Parties for security, maintenance, heating, ventilating and air conditioning, utilities, damage to the Work, and insurance; and 9.9.4.3 fixed time within which DESIGN-BUILD CONTRACTOR shall complete all items on Punch List to be corrected or completed accompanying the certificate. 9.9.5 After the Date of Substantial Completion of a phase of Construction and upon application by DESIGN-BUILD CONTRACTOR and approval by Director, City may make payment, reflecting adjustment in retainage, if any, as follows: with the consent of Surety, the City, in the sole discretion of the Director, may increase payment to DESIGN-BUILD CONTRACTOR up to ninety-seven and one-half percent (97.5%) of a CGMP or the GMP (as applicable), less the value of items to be completed and accrued liquidated damages. In addition, before Substantial Completion, with the consent of Surety and in the sole discretion of the Director, the City may release retainage attributable to early performing Subcontractors or small businesses, to the extent and provided the DESIGN-BUILD CONTRACTOR submits proof such sums have been actually paid to such Subcontractors and small businesses. 9.9.6 DESIGN-BUILD CONTRACTOR shall complete or correct the items in the Punch List in Paragraph 9.9.2 within the time period set out in the Certificate of Substantial Completion. If DESIGN-BUILD CONTRACTOR fails to do so, the City may issue a Notice of Non- Compliance and proceed in accordance with Paragraph 2.5. 9.9.7 DESIGN-BUILD CONTRACTOR shall keep the premises free from accumulation of waste materials or rubbish caused by DESIGN-BUILD CONTRACTOR’s operations. At the completion of the Work, DESIGN-BUILD CONTRACTOR shall remove from and about the DESIGN-BUILD CONTRACTOR’s tools, construction equipment, machinery, surplus materials, waste materials and rubbish. 9.9.8 Immediately prior to the review of a portion of the Work for Substantial Completion, DESIGN-BUILD CONTRACTOR shall remove all waste materials, rubbish, DESIGN- BUILD CONTRACTOR’s tools, construction equipment, machinery and surplus materials from the area to be inspected. DESIGN-BUILD CONTRACTOR shall also remove all protective coatings, temporary work, barriers and other protective devices. 9.9.8.1 Finished spaces that are to be inspected shall be cleaned as required to remove all stains, dirt and dust. Glass shall be cleaned on both faces, and carpet shall be vacuumed. 9.9.8.2 Unfinished spaces such as mechanical and electrical equipment rooms that are to be inspected shall be “broom clean.” 9.9.8.3 Mechanical work such as duct work, unit heaters, finned tube radiation and its covers, air conditioning units, grilles and registers shall be cleaned as required to remove all stains, dirt and dust. 9.9.8.4 Electrical work shall be cleaned as necessary to remove all stains, dirt and dust. 9.9.9 DESIGN-BUILD CONTRACTOR shall maintain the Work in a clean condition until City determines the Date of Substantial Completion for the Construction Phase. After the Date of Substantial Completion of the Construction Phase, DESIGN-BUILD CONTRACTOR is responsible for removing waste materials, rubbish, dirt and dust caused by its continued operations. 9.9.10 Prior to final acceptance, or prior to City’s partial or complete occupancy of a portion of the Work, DESIGN-BUILD CONTRACTOR shall do the following: (1) clean all spaces of the Work so that they are ready for City’s occupancy without additional cleaning; (2) remove from the Project site all temporary buildings of facilities for that Work unless needed for other portions of the Work; (3) replace filters in air handling equipment according to the Specifications; and (4) replace burned out lamps. This obligation is in addition to and not by way of limitation of DESIGN-BUILD CONTRACTOR’s obligation to prove the Project is complete and ready to use in all respects by the time limits set forth in the Contract Documents.

Date of Substantial Completion. 9.9.1 The Date of Substantial Completion of the Work is the date the City determines construction is sufficiently complete, in accordance with the Contract Documents, so the City may occupy or use the Work, or designated portion thereof, for its intended purpose, without restriction. Substantial Completion date(s), if any, are specified elsewhere in the Contract Documentsdocuments. 9.9.1.1 When DESIGN-BUILD CONTRACTOR Design Build Contractor considers the Work, or a portion thereof designated by Director, to be substantially complete, DESIGN-BUILD CONTRACTOR Design Build Contractor shall prepare and submit to Director Project Manager a comprehensive Punch List of items to be completed or corrected. Failure to include an item on the Punch List does not alter the responsibility of DESIGN-BUILD CONTRACTOR Design Build Contractor to comply with the Contract Documents. 9.9.1.2 By submitting the Punch List to Director, DESIGN-BUILD CONTRACTOR Design Build Contractor represents that work on the Punch List will be completed within the time provided for in Subparagraph 9.9.4.3. 9.9.2 Upon receipt of DESIGN-BUILD CONTRACTORDesign Build Contractor’s Punch List, Director Project Manager will inspect the Work, or designated portion thereof, to verify that the Punch List contains all items needing completion or correction. If DirectorProject Manager’s inspection discloses items not on DESIGN- BUILD CONTRACTORDesign Build Contractor’s Punch List, the items must be added to the Punch List of items to be completed or corrected. If DirectorProject ▇▇▇▇▇▇’s inspection reveals that DESIGN-BUILD CONTRACTOR Design Build Contractor is not yet substantially complete, DESIGN-BUILD CONTRACTOR Design Build Contractor shall complete or correct the deficiencies and request another inspection by DirectorProject Manager. The City may recover the costs of re-inspection from DESIGN-BUILD CONTRACTORDesign Build Contractor. Director Project Manager will use reasonable efforts to inspect the phase of Construction Phase within a reasonable time following receipt of DESIGN-BUILD CONTRACTORDesign Build Contractor’s Punch List, and if the Director disagrees that Substantial Completion has been achieved, the Director will provide written notice as to what remains before Substantial Completion is achieved (but the Director shall not be prohibited from identifying other deficiencies later). 9.9.3 Prior to Director’s issuing a Certificate of Substantial Completion for the Work or other portion of the Work designated by the Director, DESIGN-BUILD CONTRACTOR Design Build Contractor shall also provide the Directorprovide: 9.9.3.1 Certificate of Occupancy (a temporary Certificate of Occupancy is acceptable provided DESIGN-BUILD CONTRACTOR Design Build Contractor promptly and diligently proceeds to obtain a permanent Certificate of Occupancy without conditions) for new construction, or Certificate of Compliance for remodeled work, as applicable; and 9.9.3.2 compliance with Texas Accessibility Standards through state inspection of the Work, if required. If DESIGN-BUILD CONTRACTOR Design Build Contractor calls for inspection in a timely manner and the inspection is delayed through no fault of DESIGN-BUILD CONTRACTORthe Design Build Contractor, and Director so confirms, Director may, upon request by DESIGN-BUILD CONTRACTORDesign Build Contractor, add the inspection to the Punch List in Paragraph 9.9.2 and issue a Certificate of Substantial Completion. 9.9.4 When the Work, or designated portion thereof, is determined by Director to be sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work, or designated portion thereof, for the purpose for which it is intended, and all other conditions and requirements are satisfied, Director will prepare a Certificate of Substantial Completion that incorporates the Punch List in Paragraph 9.9.2 and establishes: 9.9.4.1 Date of Substantial Completion; 9.9.4.2 responsibilities of the Parties for security, maintenance, heating, ventilating and air conditioning, utilities, damage to the Work, and insurance; and 9.9.4.3 fixed time within which DESIGN-BUILD CONTRACTOR Design Build Contractor shall complete all items on Punch List to be corrected or completed accompanying the certificate. 9.9.5 After the Date of Substantial Completion of a phase of Construction Phase and upon application by DESIGN-BUILD CONTRACTOR Design Build Contractor and approval by Director, City may make payment, reflecting adjustment in retainage, if any, as follows: with the consent of Surety, the City, in the sole discretion of the Director, may increase payment to DESIGN-BUILD CONTRACTOR Design Build Contractor up to ninety-ninety- seven and one-half percent (97.5%) of a CGMP or the GMP (as applicable)Guaranteed Maximum Price, less the value of items to be completed and accrued liquidated damages. In addition, before Substantial Completion, with the consent of Surety and in the sole discretion of the Director, the City may release retainage attributable to early performing Subcontractors or small businesses, to the extent and provided the DESIGN-BUILD CONTRACTOR Design Build Contractor submits proof such sums have been actually paid to such Subcontractors and small businesses. 9.9.6 DESIGN-BUILD CONTRACTOR Design Build Contractor shall complete or correct the items in the Punch List in Paragraph 9.9.2 within the time period set out in the Certificate of Substantial Completion. If DESIGN-BUILD CONTRACTOR Design Build Contractor fails to do so, the City may issue a Notice of Non- Compliance Noncompliance and proceed in accordance with Paragraph 2.5. 9.9.7 DESIGN-BUILD CONTRACTOR Design Build Contractor shall keep the premises free from accumulation of waste materials or rubbish caused by DESIGN-BUILD CONTRACTORDesign Build Contractor’s operations. At the completion of the Work, DESIGN-BUILD CONTRACTOR Design Build Contractor shall remove from and about the DESIGN-BUILD CONTRACTORProject Design Build Contractor’s tools, construction equipment, machinery, surplus materials, waste materials and rubbish. 9.9.8 Immediately prior to the review of a portion of the Work for Substantial Completion, DESIGN-BUILD CONTRACTOR Design Build Contractor shall remove all waste materials, rubbish, DESIGN- BUILD CONTRACTORDesign Build Contractor’s tools, construction equipment, machinery and surplus materials from the area to be inspected. DESIGN-BUILD CONTRACTOR Design Build Contractor shall also remove all protective coatings, temporary work, barriers and other protective devices. 9.9.8.1 Finished spaces that are to be inspected shall be cleaned as required to remove all stains, dirt and dust. Glass shall be cleaned on both faces, and carpet shall be vacuumed. 9.9.8.2 Unfinished spaces such as mechanical and electrical equipment rooms that are to be inspected shall be “broom clean.” 9.9.8.3 Mechanical work such as duct work, unit heaters, finned tube radiation and its covers, air conditioning units, grilles and registers shall be cleaned as required to remove all stains, dirt and dust. 9.9.8.4 Electrical work shall be cleaned as necessary to remove all stains, dirt and dust. 9.9.9 DESIGN-BUILD CONTRACTOR Design Build Contractor shall maintain the Work in a clean condition until City determines the Date of Substantial Completion for the Construction Phase. After the Date of Substantial Completion of the Construction Phase, DESIGN-BUILD CONTRACTOR Design Build Contractor is responsible for removing waste materials, rubbish, dirt and dust caused by its continued operations. 9.9.10 Prior to final acceptance, or prior to City’s partial or complete occupancy of a portion of the Work, DESIGN-BUILD CONTRACTOR Design Build Contractor shall do the following: (1) clean all spaces of the Work so that they are ready for City’s occupancy without additional cleaning; (2) remove from the Project site all temporary buildings of facilities for that Work unless needed for other portions of the Work; (3) replace filters in air handling equipment according to the Specifications; and (4) replace burned out lamps. This obligation is in addition to and not by way of limitation of DESIGN-BUILD CONTRACTORDesign Build Contractor’s obligation to prove the Project is complete and ready to use in all respects by the time limits set forth in the Contract Documents.

Date of Substantial Completion. 9.9.1 The Date of Substantial Completion of the Work is the date the City determines construction is sufficiently complete, in accordance with the Contract Documents, so the City may occupy or use the Work, or designated portion thereof, for its intended purpose, without restriction. Substantial Completion date(s), if any, are specified elsewhere in the Contract Documentsdocuments. 9.9.1.1 When DESIGN-BUILD CONTRACTOR ▇▇▇▇ considers the Work, or a portion thereof designated by Director, to be substantially complete, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall prepare and submit to Director a comprehensive Punch List of items to be completed or corrected. Failure to include an item on the Punch List does not alter the responsibility of DESIGN-BUILD CONTRACTOR ▇▇▇▇ to comply with the Contract Documents. 9.9.1.2 By submitting the Punch List to Director, DESIGN-BUILD CONTRACTOR ▇▇▇▇ represents that work on the Punch List will be completed within the time provided for in Subparagraph 9.9.4.3. 9.9.2 Upon receipt of DESIGN-BUILD CONTRACTOR’s ▇▇▇▇'▇ Punch List, Director will inspect the Work, or designated portion thereof, to verify that the Punch List contains all items needing completion or correction. If Director’s inspection discloses items not on DESIGN- BUILD CONTRACTOR’s ▇▇▇▇’▇ Punch List, the items must be added to the Punch List of items to be completed or corrected. If Director’s 's inspection reveals that DESIGN-BUILD CONTRACTOR ▇▇▇▇ is not yet substantially complete, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall complete or correct the deficiencies and request another inspection by Director. The City may recover the costs of re-inspection from DESIGN-BUILD CONTRACTOR▇▇▇▇. The Director will use reasonable efforts to inspect the phase of Construction within a reasonable time following receipt of DESIGN-BUILD CONTRACTOR’s ▇▇▇▇’▇ Punch List, and if the Director disagrees that Substantial Completion has been achieved, the Director will provide written notice as to what remains before Substantial Completion is achieved (but the Director shall not be prohibited from identifying other deficiencies later). 9.9.3 Prior to Director’s issuing a Certificate of Substantial Completion for the Work or portion of the Work designated by the Director, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall also provide the Director: 9.9.3.1 Certificate of Occupancy (a temporary Certificate of Occupancy is acceptable provided DESIGN-BUILD CONTRACTOR ▇▇▇▇ promptly and diligently proceeds to obtain a permanent Certificate of Occupancy without conditions) for new construction, or Certificate of Compliance for remodeled work, as applicable; , and 9.9.3.2 compliance with Texas Accessibility Standards through state inspection of the Work, if required. If DESIGN-BUILD CONTRACTOR ▇▇▇▇ calls for inspection in a timely manner and the inspection is delayed through no fault of DESIGN-BUILD CONTRACTOR▇▇▇▇, and Director so confirms, Director may, upon request by DESIGN-BUILD CONTRACTOR▇▇▇▇, add the inspection to the Punch List in Paragraph 9.9.2 and issue a Certificate of Substantial Completion. 9.9.4 When the Work, or designated portion thereof, is determined by Director to be sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work, or designated portion thereof, for the purpose for which it is intended, intended and all other conditions and requirements are satisfied, Director will prepare a Certificate of Substantial Completion that incorporates the Punch List in Paragraph 9.9.2 and establishes: 9.9.4.1 Date of Substantial Completion; 9.9.4.2 responsibilities of the Parties for security, maintenance, heating, ventilating and air conditioning, utilities, damage to the Work, and insurance; and 9.9.4.3 fixed time within which DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall complete all items on Punch List to be corrected or completed accompanying the certificate. 9.9.5 After the Date of Substantial Completion of a phase of Construction and upon application by DESIGN-BUILD CONTRACTOR ▇▇▇▇ and approval by Director, City may make payment, reflecting adjustment in retainage, if any, as follows: with the consent of Surety, the City, in the sole discretion of the Director, may increase payment to DESIGN-BUILD CONTRACTOR ▇▇▇▇ up to ninety-seven and one-half percent (97.5%) of a CGMP or the GMP (as applicable), less the value of items to be completed and accrued liquidated damages. In addition, before Substantial Completion, with the consent of Surety and in the sole discretion of the Director, the City may release retainage attributable to early performing Subcontractors or small businesses, to the extent and provided the DESIGN-BUILD CONTRACTOR ▇▇▇▇ submits proof such sums have been actually paid to such Subcontractors and small businesses. 9.9.6 DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall complete or correct the items in the Punch List in Paragraph 9.9.2 within the time period set out in the Certificate of Substantial Completion. If DESIGN-BUILD CONTRACTOR ▇▇▇▇ fails to do so, the City may issue a Notice of Non- Non-Compliance and proceed in accordance with Paragraph 2.5. 9.9.7 DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall keep the premises free from accumulation of waste materials or rubbish caused by DESIGN-BUILD CONTRACTOR’s ▇▇▇▇’▇ operations. At the completion of the Work, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall remove from and about the DESIGN-BUILD CONTRACTOR’s ▇▇▇▇’▇ tools, construction equipment, machinery, surplus materials, waste materials and rubbish. 9.9.8 Immediately prior to the review of a portion of the Work for Substantial Completion, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall remove all waste materials, rubbish, DESIGN- BUILD CONTRACTOR’s ▇▇▇▇’▇ tools, construction equipment, machinery and surplus materials from the area to be inspected. DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall also remove all protective coatings, temporary work, barriers and other protective devices. 9.9.8.1 Finished spaces that are to be inspected shall be cleaned as required to remove all stains, dirt and dust. Glass shall be cleaned on both faces, and carpet shall be vacuumed. 9.9.8.2 Unfinished spaces such as mechanical and electrical equipment rooms that are to be inspected shall be “broom clean.” 9.9.8.3 Mechanical work such as duct work, unit heaters, finned tube radiation and its covers, air conditioning units, grilles and registers shall be cleaned as required to remove all stains, dirt and dust. 9.9.8.4 Electrical work shall be cleaned as necessary to remove all stains, dirt and dust. 9.9.9 DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall maintain the Work in a clean condition until City determines the Date of Substantial Completion for the Construction Phasephase of Construction. After the Date of Substantial Completion of the Construction Phasephase of Construction, DESIGN-BUILD CONTRACTOR ▇▇▇▇ is responsible for removing waste materials, rubbish, dirt and dust caused by its continued operations. 9.9.10 Prior to final acceptance, or prior to City’s partial or complete occupancy of a portion of the Work, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall do the following: (1) clean all spaces of the Work so that they are ready for City’s occupancy without additional cleaning; (2) remove from the Project site all temporary buildings of facilities for that Work unless needed for other portions of the Work; (3) replace filters in air handling equipment according to the Specifications; and (4) replace burned out lamps. This obligation is in addition to and not by way of limitation of DESIGN-BUILD CONTRACTOR’s ▇▇▇▇’▇ obligation to prove the Project is complete and ready to use in all respects by the time limits set forth in the Contract Documents.

Date of Substantial Completion. 9.9.1 The Date of Substantial Completion of the Work is the date the City determines construction is sufficiently complete, in accordance with the Contract Documents, so the City may occupy or use the Work, or designated portion thereof, for its intended purpose, without restriction. Substantial Completion date(s), if any, are specified elsewhere in the Contract Documents. 9.9.1.1 9.6.1 When DESIGN-BUILD CONTRACTOR ▇▇▇▇ considers the Workthat a Construction Phase, or a portion thereof designated by DirectorHFH, to be substantially complete, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall prepare and submit to Director HFH a comprehensive Punch List punch list of items to be completed or corrected. Failure to include an item on the Punch List punch list does not alter the responsibility of DESIGN-BUILD CONTRACTOR ▇▇▇▇ to comply with the Contract Documents. 9.9.1.2 9.6.1.1 By submitting the Punch List punch list to DirectorHFH, DESIGN-BUILD CONTRACTOR ▇▇▇▇ represents that work on the Punch List punch list will be completed within the time provided for in Subparagraph 9.9.4.3§9.6.4.3. 9.9.2 9.6.2 Upon receipt of DESIGN-BUILD CONTRACTOR’s Punch List▇▇▇▇’▇ punch list, Director HFH will inspect the Work, or designated portion thereof, to verify that the Punch List punch list contains all items needing completion or correction. If DirectorHFH’s inspection discloses items not on DESIGN- BUILD CONTRACTOR’s Punch List▇▇▇▇’▇ punch list, the items must be added to the Punch List punch list of items to be completed or corrected. If DirectorHFH’s inspection reveals that DESIGN-BUILD CONTRACTOR ▇▇▇▇ is not yet substantially complete, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall complete or correct the deficiencies and request another inspection by DirectorHFH. The City HFH may recover the costs of re-inspection from DESIGN-BUILD CONTRACTOR▇▇▇▇. Director HFH will use reasonable efforts to inspect the phase of Construction Phase within a reasonable time following receipt of DESIGN-BUILD CONTRACTOR’s Punch List▇▇▇▇’▇ punch list, and if the Director HFH disagrees that Substantial Completion has been achieved, the Director HFH will provide written notice as to what remains before Substantial Completion is achieved (but the Director HFH shall not be prohibited from identifying other deficiencies later). 9.9.3 9.6.3 Prior to DirectorHFH’s issuing a Certificate of Substantial Completion for the Work or other portion of the Work designated by the DirectorHFH, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall also provide the Director:provide: (. 9.9.3.1 1) Certificate of Occupancy (a temporary Certificate of Occupancy is acceptable provided DESIGN-BUILD CONTRACTOR ▇▇▇▇ promptly and diligently proceeds to obtain a permanent Certificate of Occupancy without conditions) for new construction, or Certificate of Compliance for remodeled work, as applicable; and(. 9.9.3.2 2) deliver all operations and maintenance manuals for the Project to HFH and have them approved by HFH and provide all training required under the Contract Documents. It is mutually understood and agreed that ▇▇▇▇ will make every effort to deliver the operation and maintenance manuals prior to the building or partial building substantial completion date but the requirement for the delivery of all operation manuals shall not be the sole reason for the delay in the issuance of the Certificate of Substantial Completion; and (. 3) compliance with Texas Accessibility Standards through state inspection of the Work, if required. If DESIGN-BUILD CONTRACTOR ▇▇▇▇ calls for inspection in a timely manner and the inspection is delayed through no fault of DESIGN-BUILD CONTRACTOR▇▇▇▇, and Director HFH so confirms, Director HFH may, upon request by DESIGN-BUILD CONTRACTOR▇▇▇▇, add the inspection to the Punch List punch list in Paragraph 9.9.2 §9.6.2 and issue a Certificate of Substantial Completion. 9.9.4 9.6.4 When the Work, or designated portion thereof, is determined by Director HFH to be sufficiently complete in accordance with the Contract Documents so the City HFH can occupy or utilize the WorkConstruction Phase, or designated portion thereof, for the purpose for which it is intended, and all other conditions and requirements are satisfied, Director HFH will prepare a Certificate of Substantial Completion that incorporates the Punch List punch list in Paragraph 9.9.2 §9.6.2 and establishes:: (. 9.9.4.1 1) Date of Substantial Completion;; (. 9.9.4.2 2) responsibilities of the Parties for security, maintenance, heating, ventilating and air conditioning, utilities, damage to the Work, and insurance; and, 9.9.4.3 3) fixed time within which DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall complete all items on Punch List punch list to be corrected or completed accompanying the certificate. 9.9.5 After 9.6.5 Warranties required by the Contract Documents shall commence on the Date of Substantial Completion of a phase each Construction Phase unless otherwise provided by HFH in Certificate of Construction and upon application by DESIGN-BUILD CONTRACTOR and approval by Director, City may make payment, reflecting adjustment in retainage, if any, as follows: with the consent of Surety, the City, in the sole discretion of the Director, may increase payment to DESIGN-BUILD CONTRACTOR up to ninety-seven and one-half percent (97.5%) of a CGMP or the GMP (as applicable), less the value of items to be completed and accrued liquidated damages. In addition, before Substantial Completion, with . Warranties shall not commence on items not yet completed until the consent Date of Surety and in the sole discretion of the Director, the City may release retainage attributable to early performing Subcontractors or small businesses, to the extent and provided the DESIGN-BUILD CONTRACTOR submits proof such sums have been actually paid to such Subcontractors and small businessesFinal Completion. 9.9.6 DESIGN-BUILD CONTRACTOR 9.6.6 ▇▇▇▇ shall complete or correct the items in the Punch List in Paragraph 9.9.2 §9.6.2 within the time period set out in the Certificate of Substantial Completion. If DESIGN-BUILD CONTRACTOR ▇▇▇▇ fails to do so, the City HFH may issue a Notice of Non- Compliance Noncompliance and proceed exercise all of its legal remedies under the Contract Documents, including those remedies set forth in accordance with Paragraph §2.5. 9.9.7 DESIGN-BUILD CONTRACTOR 9.6.7 ▇▇▇▇ shall keep the premises free from accumulation of waste materials or rubbish caused by DESIGN-BUILD CONTRACTOR’s ▇▇▇▇’▇ operations. At the completion of the Work, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall remove from and about the DESIGN-BUILD CONTRACTOR’s Project ▇▇▇▇’▇ tools, construction equipment, machinery, surplus materials, waste materials and rubbish. 9.9.8 9.6.8 Immediately prior to the review of a portion of the Work for Substantial Completion, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall remove all waste materials, rubbish, DESIGN- BUILD CONTRACTOR’s ▇▇▇▇’▇ tools, construction equipment, machinery and surplus materials from the area to be inspected. DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall also remove all protective coatings, temporary work, barriers and other protective devices. 9.9.8.1 9.6.8.1 Finished spaces that are to be inspected shall be cleaned as required to remove all stains, dirt and dust. Glass shall be cleaned on both faces, and carpet shall be vacuumed. 9.9.8.2 9.6.8.2 Unfinished spaces such as mechanical and electrical equipment rooms that are to be inspected shall be “broom clean.” 9.9.8.3 9.6.8.3 Mechanical work such as duct work, unit heaters, finned tube radiation and its covers, air conditioning units, grilles and registers shall be cleaned as required to remove all stains, dirt and dust. 9.9.8.4 9.6.8.4 Electrical work shall be cleaned as necessary to remove all stains, dirt and dust. 9.9.9 DESIGN-BUILD CONTRACTOR 9.6.9 ▇▇▇▇ shall maintain the Work in a clean condition until City HFH determines the Date of Substantial Completion for the Construction Phase. After the Date of Substantial Completion of the Construction Phase, DESIGN-BUILD CONTRACTOR ▇▇▇▇ is responsible for removing waste materials, rubbish, dirt and dust caused by its continued operations. 9.9.10 9.6.10 Prior to final acceptance, or prior to CityHFH’s partial or complete occupancy of a portion of the Work, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall do the following: (1) clean all spaces of the Work so that they are ready for CityHFH’s occupancy without additional cleaning; (2) remove from the Project site all temporary buildings of facilities for that Work unless needed for other portions of the Work; (3) replace filters in air handling equipment according to the Specifications; and (4) replace burned out lamps. This obligation is in addition to and not by way of limitation of DESIGN-BUILD CONTRACTORDesign Build Contractor’s obligation to prove the Project is complete and ready to use in all respects by the time limits set forth in the Contract Documents.

Date of Substantial Completion. 9.9.1 The Date of Substantial Completion of the Work is the date the City determines construction is sufficiently complete, in accordance with the Contract Documents, so the City may occupy or use the Work, or designated portion thereof, for its intended purpose, without restriction. Substantial Completion date(s), if any, are specified elsewhere in the Contract Documentsdocuments. 9.9.1.1 When DESIGN-BUILD CONTRACTOR ▇▇▇▇ considers the Work, or a portion thereof designated by Director, to be substantially complete, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall prepare and submit to Director Project Manager a comprehensive Punch List of items to be completed or corrected. Failure to include an item on the Punch List does not alter the responsibility of DESIGN-BUILD CONTRACTOR ▇▇▇▇ to comply with the Contract Documents. 9.9.1.2 By submitting the Punch List to DirectorProject Manager, DESIGN-BUILD CONTRACTOR ▇▇▇▇ represents that work on the Punch List will be completed within the time provided for in Subparagraph 9.9.4.3. 9.9.2 Upon receipt of DESIGN-BUILD CONTRACTOR’s ▇▇▇▇'▇ Punch List, Director Project Manager will inspect the Work, or designated portion thereof, to verify that the Punch List contains all items needing completion or correction. If DirectorProject Manager’s inspection discloses items not on DESIGN- BUILD CONTRACTOR’s ▇▇▇▇’▇ Punch List, the items must be added to the Punch List of items to be completed or corrected. If Director’s Project Manager's inspection reveals that DESIGN-BUILD CONTRACTOR ▇▇▇▇ is not yet substantially complete, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall complete or correct the deficiencies and request another inspection by DirectorProject Manager. The City may recover the costs of re-inspection from DESIGN-BUILD CONTRACTOR▇▇▇▇. The Director will use reasonable efforts to inspect the phase of Construction within a reasonable time following receipt of DESIGN-BUILD CONTRACTOR’s ▇▇▇▇’▇ Punch List, and if the Director disagrees that Substantial Completion has been achieved, the Director will provide written notice as to what remains before Substantial Completion is achieved (but the Director shall not be prohibited from identifying other deficiencies later). 9.9.3 Prior to Director’s issuing a Certificate of Substantial Completion for the Work or portion of the Work designated by the Director, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall also provide the Director: 9.9.3.1 Certificate of Occupancy (a temporary Certificate of Occupancy is acceptable provided DESIGN-BUILD CONTRACTOR ▇▇▇▇ promptly and diligently proceeds to obtain a permanent Certificate of Occupancy without conditions) for new construction, or Certificate of Compliance for remodeled work, as applicable; , and 9.9.3.2 compliance with Texas Accessibility Standards through state inspection of the Work, if required. If DESIGN-BUILD CONTRACTOR ▇▇▇▇ calls for inspection in a timely manner and the inspection is delayed through no fault of DESIGN-BUILD CONTRACTOR▇▇▇▇, and Director so confirms, Director may, upon request by DESIGN-BUILD CONTRACTOR▇▇▇▇, add the inspection to the Punch List in Paragraph 9.9.2 and issue a Certificate of Substantial Completion. 9.9.4 When the Work, or designated portion thereof, is determined by Director to be sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work, or designated portion thereof, for the purpose for which it is intended, intended and all other conditions and requirements are satisfied, Director will prepare a Certificate of Substantial Completion that incorporates the Punch List in Paragraph 9.9.2 and establishes: 9.9.4.1 Date of Substantial Completion; 9.9.4.2 responsibilities of the Parties for security, maintenance, heating, ventilating and air conditioning, utilities, damage to the Work, and insurance; and 9.9.4.3 fixed time within which DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall complete all items on Punch List to be corrected or completed accompanying the certificate. 9.9.5 After the Date of Substantial Completion of a phase of Construction and upon application by DESIGN-BUILD CONTRACTOR ▇▇▇▇ and approval by Director, City may make payment, reflecting adjustment in retainage, if any, as follows: with the consent of Surety, the City, in the sole discretion of the Director, may increase payment to DESIGN-BUILD CONTRACTOR ▇▇▇▇ up to ninety-seven and one-half percent (97.5%) of a CGMP CGPP or the GMP (as applicable), less the value of items to be completed and accrued liquidated damages. In addition, before Substantial Completion, with the consent of Surety and in the sole discretion of the Director, the City may release retainage attributable to early performing Subcontractors or small businesses, to the extent and provided the DESIGN-BUILD CONTRACTOR ▇▇▇▇ submits proof such sums have been actually paid to such Subcontractors and small businesses. 9.9.6 DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall complete or correct the items in the Punch List in Paragraph 9.9.2 within the time period set out in the Certificate of Substantial Completion. If DESIGN-BUILD CONTRACTOR ▇▇▇▇ fails to do so, the City may issue a Notice of Non- Non-Compliance and proceed in accordance with Paragraph 2.5. 9.9.7 DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall keep the premises free from accumulation of waste materials or rubbish caused by DESIGN-BUILD CONTRACTOR’s ▇▇▇▇’▇ operations. At the completion of the Work, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall remove from and about the DESIGN-BUILD CONTRACTOR’s ▇▇▇▇’▇ tools, construction equipment, machinery, surplus materials, waste materials and rubbish. 9.9.8 Immediately prior to the review of a portion of the Work for Substantial Completion, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall remove all waste materials, rubbish, DESIGN- BUILD CONTRACTOR’s ▇▇▇▇’▇ tools, construction equipment, machinery and surplus materials from the area to be inspected. DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall also remove all protective coatings, temporary work, barriers and other protective devices. 9.9.8.1 Finished spaces that are to be inspected shall be cleaned as required to remove all stains, dirt and dust. Glass shall be cleaned on both faces, and carpet shall be vacuumed. 9.9.8.2 Unfinished spaces such as mechanical and electrical equipment rooms that are to be inspected shall be “broom clean.” 9.9.8.3 Mechanical work such as duct work, unit heaters, finned tube radiation and its covers, air conditioning units, grilles and registers shall be cleaned as required to remove all stains, dirt and dust. 9.9.8.4 Electrical work shall be cleaned as necessary to remove all stains, dirt and dust. 9.9.9 DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall maintain the Work in a clean condition until City determines the Date of Substantial Completion for the Construction Phasephase of Construction. After the Date of Substantial Completion of the Construction Phasephase of Construction, DESIGN-BUILD CONTRACTOR ▇▇▇▇ is responsible for removing waste materials, rubbish, dirt and dust caused by its continued operations. 9.9.10 Prior to final acceptance, or prior to City’s partial or complete occupancy of a portion of the Work, DESIGN-BUILD CONTRACTOR ▇▇▇▇ shall do the following: (1) clean all spaces of the Work so that they are ready for City’s occupancy without additional cleaning; (2) remove from the Project site all temporary buildings of facilities for that Work unless needed for other portions of the Work; (3) replace filters in air handling equipment according to the Specifications; and (4) replace burned out lamps. This obligation is in addition to and not by way of limitation of DESIGN-BUILD CONTRACTOR’s ▇▇▇▇’▇ obligation to prove the Project is complete and ready to use in all respects by the time limits set forth in the Contract Documents.