Substantial and Final Completion. 18.1 Substantial Completion of the Project occurs when a Certificate of Substantial Completion has been issued by Architect, and the required documentation has been produced. The date of Substantial Completion will fix the commencement date of warranties and guaranties and allocate between County and Contractor responsibility for security, utilities, damage to the work and insurance. 18.2 When Contractor believes the Project is substantially complete, Contractor shall notify Architect that the Project is ready for a Substantial Completion Inspection. 18.3 Prior to the Substantial Completion inspection, Contractor shall prepare and furnish to Architect a letter requesting a Substantial Completion inspection, which at a minimum must: provide a blank line for entry of the date of Substantial Completion; include a list of items to be completed or corrected and the time in which the items will be completed or corrected and cost to do so; and provide signature lines for County, Contractor and Architect. 18.4 Upon receipt of notification from Contractor, Architect will coordinate with County’s Representative, their Consultants, and Contractor on a date for inspection of the Project. 18.5 During the inspection, Architect will: inspect the Project; provide a list of items to be completed or corrected; and determine, in consultation with County’s Representative, whether Substantial Completion of the Project has occurred. 18.6 If the Project is determined not to be substantially complete, Contractor shall continue working until the Project is substantially complete and the inspection process shall be repeated at no additional cost to County until the Project is substantially complete. 18.7 On the date of Substantial Completion, Contractor shall deliver to Architect permits, the certificate of occupancy, and other necessary and customary documents and items required for County’s occupancy and use of the Project for its intended purpose. Architect will obtain and review Substantial Completion documentation and items and inform Contractor of any deficiencies. 18.8 County, Contractor and Architect shall then sign the Certificate of Substantial Completion establishing the actual date of Substantial Completion. The Certificate of Substantial Completion shall also include a list of and timeline for the completion of items needing completion and correction. 18.9 Final Completion of the Project shall occur when the Project passes a Final Completion Inspection and Contractor has produced all required close-out documentation and items. Final Completion shall not occur, and no final payment shall be due Contractor or any of its subcontractors or suppliers until the Project has passed the Final Completion Inspection and all required Final Completion close-out documentation and items have been submitted to Architect. 18.10 When Contractor believes that the Project is complete, Contractor shall notify Architect that the Project is ready for a Final Completion Inspection. 18.11 Upon receipt of such notification from Contractor, Architect will coordinate with County’s Representative and Contractor and schedule a date for inspection of the Project to determine whether the Project is finally complete. 18.12 At the Final Completion inspection, Architect will: inspect the Project; determine whether all items on the list included with the Certificate of Substantial Completion have been satisfactorily completed and corrected; determine whether the completed Project complies with this Contract and—to the best of Architect’s knowledge, information, and belief--all applicable laws, codes, rules or regulations. Architect shall determine whether the required inspections and approvals by the local building officials have been satisfactorily completed; and determine, in consultation with County’s Representative, whether the Project is finally complete. 18.13 If the Project is not finally complete, Contractor shall complete the Project, and the inspection process shall be repeated at no additional cost to County, until the Project is finally complete. 18.14 On the date of Final Completion, Contractor shall deliver to Architect the following Final Completion close-out documentation and items: 18.14.1 All operating, maintenance, and instruction manuals not previously produced during Substantial Completion and required maintenance stocks; 18.14.2 At least one (1) set of as-built drawings and markups and at least one (1) CD of final, as-built drawings; 18.14.3 Certification and affidavit that all insurance required of Contractor beyond final payment, if any, is in effect and will not be canceled or allowed to expire without notice to County; 18.14.4 Written consent of the surety to release final payment; 18.14.5 Full, final and unconditional waivers of mechanics or construction liens, releases of Contractor’s trust fund or similar claims, and release of security interests or encumbrances on the Project property from each contractor, subcontractor, supplier or other person or entity who has, or might have a claim against County or County's property; 18.14.6 Full, final and unconditional certification and affidavit that all of Contractor’s obligations to contractors, subcontractors, suppliers and other third parties for payment for labor, materials or equipment related to the Project have been paid or otherwise satisfied; 18.14.7 All written warranties and guarantees relating to the labor, goods, materials, equipment and systems incorporated into the Project, endorsed, countersigned, and assigned as necessary; 18.14.8 All affidavits, releases, bonds, waivers, permits and other documents necessary for final close-out of Project; 18.14.9 A list of any items due but unable to be delivered and the reason for non-delivery; 18.14.10 Any other documents reasonably and customarily required or expressly required herein for full and final close-out of the Project. 18.15 Architect will review and determine the sufficiency of all items required for Final Completion and will immediately inform Contractor about any deficiencies and omissions.
Appears in 1 contract
Sources: Construction Contract
Substantial and Final Completion. 18.1 5.1 “Substantial Completion” of the Work shall be achieved when the Work has been completed to the point where Owner can lawfully occupy or utilize the Work for its intended purpose under a Certificate of Occupancy or Temporary Certificate of Occupancy (with conditions acceptable to Owner in its sole discretion) or their equivalent. Professional or Owner shall certify the date Substantial Completion of the Project occurs when a Certificate Work is achieved. If Owner has designated portions of the Work to be turned over to Owner prior to Substantial Completion has been issued by Architectof the entire Work, and Professional or Owner shall certify the required documentation has been produced. The date of as to when Substantial Completion will fix of such designated portions of the commencement date of warranties and guaranties and allocate between County and Contractor responsibility for security, utilities, damage to Work have been achieved. When the work and insurance.
18.2 When Contractor believes the Project entire Work (or any portion thereof designated in writing by Owner) is substantially complete, Contractor shall notify Architect Owner or Professional in writing that the Project entire Work (or such designated portion) is ready for substantially complete and request that Owner or Professional issue a Certificate of Substantial Completion Inspection.
18.3 Prior (or Certificate of Partial Substantial Completion). Contractor shall give Owner or Professional thirty (30) days’ notice prior to the predicted Substantial Completion inspection, Contractor inspection date. The issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for the Work shall prepare and furnish be an express condition precedent to Architect Contractor’s right to request that Owner or Professional issue a letter requesting a Substantial Completion inspection, which at a minimum must: provide a blank line for entry of the date Certificate of Substantial Completion; . The written notice from Contractor referenced in the first sentence of this Section shall include a proposed punch list of all items of Work to be completed or corrected and the by Contractor. Within a reasonable time in which the items will be completed or corrected and cost to do so; and provide signature lines for Countythereafter, Contractor and Architect.
18.4 Upon receipt of notification from Contractor, Architect will coordinate with County’s Representative, their Consultants, and Contractor on a date for Owner or Professional shall make an inspection of the Project.
18.5 During Work (or designated portion thereof) to determine the inspection, Architect will: inspect status of completion. If Owner or Professional do not consider the Project; provide a list of items to be completed Work (or corrected; and determine, in consultation with County’s Representative, whether Substantial Completion of the Project has occurred.
18.6 If the Project is determined not to be designated portion) substantially complete, Owner or Professional shall notify Contractor shall continue working until in writing giving the Project is substantially complete reasons therefor and the inspection process shall be repeated at no additional cost to County Owner until the Project Work is determined to be substantially complete.
18.7 On . In such case, Contractor shall pay the costs (including those of Professional) of all additional Substantial Completion inspections. If Owner or Professional consider the Work (or designated portion) substantially complete, Owner or Professional shall prepare and deliver to Contractor a Certificate of Substantial Completion (or Certificate of Partial Substantial Completion) which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) is actually achieved by Contractor and include a final punch list of items to be completed or corrected by Contractor before final payment. Such final punch list shall comply with the Contract Documents and all Applicable Laws. Accordingly, Owner or Professional shall provide the final punch list to Contractor within seven (7) days after Contractor has achieved Substantial Completion, . Contractor shall deliver acknowledges and agrees that the failure to Architect permits, include any corrective work or pending items not yet completed on the certificate punch list does not alter the responsibility of occupancy, Contractor to complete all the Work required under the Contract and other necessary and customary documents and items required for Countydoes not waive Owner’s occupancy and use right to demand completion of the Project item pursuant to the Contract Documents prior to or after final payment. Additionally, if the Contract involves Work on more than one building or structure, or involves a multi-phased Project, a punch list shall be developed in accordance with the timelines set forth in this Section for its intended purposeeach building, structure, or phase of a project. Architect will obtain Owner shall have the right to exclude Contractor from the Work and review Substantial Completion documentation and items and inform Contractor of any deficiencies.
18.8 County, Contractor and Architect shall then sign project site (or designated portion thereof) after the Certificate date of Substantial Completion establishing the actual date of (or partial Substantial Completion), but Owner shall allow Contractor reasonable access to complete or correct items on the final punch list. The Certificate of Contractor shall submit Owner’s Substantial Completion shall also include a list of Form/Checklist and timeline all required backup documentation for the completion of items needing completion and correctionOwner approval.
18.9 5.2 “Final Completion Completion” of the Project Work shall occur when be achieved on the Project later of: (a) the date that the Work passes a Final Completion Inspection and inspection, or (b) the date that Contractor has produced all required Final Completion close-out documentation and items. Final Completion shall not occur, be deemed to have occurred and no final payment shall be due Contractor or any of its subcontractors or suppliers until the Project Work has passed the Final Completion Inspection inspection and all required Final Completion close-out documentation and items have been submitted produced to Architect.
18.10 Owner by Contractor. When Contractor believes that the Project is complete, Contractor shall notify Architect that the Project is ready for a Final Completion Inspection.
18.11 Upon receipt of such notification from Contractor, Architect will coordinate with County’s Representative and Contractor and schedule a date for inspection it has fully performed all of the Project to determine whether the Project is finally complete.
18.12 At the Final Completion inspectionWork, Architect will: inspect the Project; determine whether including all items on the punch list included with the Certificate of Substantial Completion have been satisfactorily completed and corrected; determine whether the completed Project complies with this Contract and—to the best of Architect’s knowledge, information, and belief--all applicable laws, codes, rules or regulations. Architect shall determine whether the required inspections and approvals by the local building officials have been satisfactorily completed; and determine, in consultation with County’s Representative, whether the Project is finally complete.
18.13 If the Project is not finally complete, Contractor shall complete the Project, and the inspection process shall be repeated at no additional cost to County, until the Project is finally complete.
18.14 On the date of Final Completionitems, Contractor shall deliver to Architect Owner a written affidavit from Contractor certifying that all Work has been completed in accordance with the following Final Completion requirements of the Contract Documents. That written affidavit shall be delivered to Owner by Contractor at the same time it submits its final application for payment, which Contractor shall submit within thirty (30) days of the date of Substantial Completion. After receipt of such affidavit, the final application for payment and all other documents required for project close-out, Professional or Owner shall promptly inspect the Work to determine if all of the Work has been completed and is ready for final acceptance by Owner. If Owner or Professional determine Contractor has completed the entire Work, Owner or Professional shall promptly issue a final Certificate for Payment, stating that, to the best of its knowledge, information and belief, and on the basis of its observations and inspections: (a) all of the Work has been completed in accordance with the requirements of the Contract Documents; (b) the final balance due Contractor, as noted in the final Certificate for Payment, is due and payable; and (c) all conditions precedent to Contractor’s entitlement to final payment have been satisfied. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (i) the duly executed and notarized final Waiver and Release of Lien in the form acceptable to Owner and in compliance with Applicable Laws, (ii) written consent of surety to final payment, (iii) all close-out documentation and items:
18.14.1 All operatinginformation required by the Contract Documents to be provided by Contractor prior to its entitlement to final payment, maintenance(iv) if required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and instruction waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner, (v) Certificate of Final Completion in form approved by Owner, (vi) all operation and maintenance manuals not previously produced during Substantial Completion and required produced, (vii) Owner maintenance stocks;
18.14.2 At least or “attic” stock as prescribed in the technical specifications, (viii) one (1) set of as-built drawings plans and markups and at least one specifications, (1ix) CD of final, as-built drawings;
18.14.3 Certification certification and affidavit that all insurance required of Contractor beyond final payment, if any, is in effect and will not be canceled or allowed to expire without notice to County;
18.14.4 Written consent of the surety to release final payment;
18.14.5 FullOwner, (x) full, final and unconditional waivers of mechanics or construction liens, releases of Contractor’s trust fund or similar claims, and release of security interests or encumbrances on the Project property from each contractor, subcontractor, supplier or other person or entity who has, or might have a claim against County or County's property;
18.14.6 Fullclaim, (xi) duly executed and notarized full, final and unconditional certification and affidavit that all of Contractor’s obligations to contractors, subcontractors, suppliers and other third parties for payment for labor, materials or equipment related to the Project each project have been paid or otherwise satisfied;
18.14.7 All , (xii) all written warranties and guarantees relating to the labor, goods, products, materials, equipment and systems incorporated into the ProjectWork, endorsed, countersigned, and assigned as necessary;
18.14.8 All ; affidavits, releases, bonds, waivers, permits and other documents necessary for final close-out of Project;
18.14.9 A Work, (xiii) a list of any items item(s) due but unable to be delivered and the reason for non-delivery;
18.14.10 Any ; and (xiv) any other documents reasonably and customarily required or expressly required herein for full and final close-out of the Project.
18.15 Architect will review Work. Owner reserves the right to inspect the Work and determine make an independent determination as to the sufficiency of all items required for Work’s acceptability, even though Owner or Professional may have issued its recommendations. Unless and until Owner is completely satisfied that Final Completion has been achieved, neither the final payment nor the retainage shall become due and will immediately inform Contractor about any deficiencies and omissionspayable.
Appears in 1 contract
Sources: Continuing Medium Voltage Electrical Services Agreement