Substantial Completion. 9.7.1 When Contractor gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.
Appears in 36 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
Substantial Completion.
9.7.1 When Contractor gives notice to City that 9.8.1 Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional in accordance with the Contract Documents and as certified by the Architect so the Owner can occupy or Construction Manager will inspect utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the Contractor shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Architect will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If Citythe Architect's inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance is not in accordance with the requirements of the Certificate of Substantial CompletionContract Documents, complete or correct such item. Contractor shall then submit As a request for another inspection by City result of the inspection, the Architect may generate an additional list of items to determine Substantial Completion.
9.7.2 be completed or corrected. When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the Completion, shall establish responsibilities of City the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Contractor shall finish all items and correction or repair of on the Work or such designated portion thereof. Unless otherwise provided in list accompanying the Certificate which shall identify all non-conforming, defective and incomplete Work and establish the date of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined commencement of warranties in Article 12, Section 12.2.1), or connection with any such designated portion thereof covered Work. Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such designated portion thereofthereof unless otherwise provided in the Certificate of Substantial Completion. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Certificate of Substantial Completion will begin on shall be submitted to the later Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate.
9.8.3 Upon Substantial Completion of the date they are operational Work or Acceptance designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting approved adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents.
9.8.4 The contractor shall submit at substantial completion, three (3) copies of the Project by Citya certificate from each manufacturer's technical representatives that all Plumbing, HVAC and Electrical equipment and material have been installed properly and that all warranties and guarantees will be valid.
Appears in 15 contracts
Sources: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
Substantial Completion.
9.7.1 When the Contractor gives notice to City considers that the Work, or a portion thereof designated by City for separate deliverythereof, which the Owner agrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Contractor shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionand corrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such the list does not alter relieve the Contractor of the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Architect will then make a further inspection to an inspection, and with the approval of the Owner, determine whether the Work Work, or such designated portion thereof thereof, is Substantially Complete. If Citythe Architect's inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contact Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. The Contractor shall then submit a may request for another inspection additional inspections by City the Architect as may be reasonable to determine when Substantial Completion.
9.7.2 Completion has been achieved. When City determines that the Work or such designated portion thereof thereof, is Substantially Complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the shall establish responsibilities of City the Owner and Contractor for securityfor: • Security • Maintenance • Water, maintenancesewer, heat, utilities, insurance, completion electric and other utilities • Damages to the Work; and • Insurance Responsibilities The Certificate shall also establish the time within which the Contractor shall finish all items on the list of minor items and correction incomplete Work or repair corrections otherwise necessary to meet the requirements of the Work Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion, or such designated portion thereof. Unless , unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the . The Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Completion shall commence on be submitted to the date Owner and Contractor for their written acceptance of responsibilities assigned to each. Upon Substantial Completion of the Work Work, or such designated portion thereof. The Guarantee To Repair Period , and upon application by the Contractor, certification by the Architect, and approval by the Owner, the Owner shall make payment, reflecting adjustment in retainage, if any, for systems which become fully operational such Work or Accepted subsequent to Substantial Completion will begin on portion thereof as provided in the later of the date they are operational or Acceptance of the Project by CityContract Documents.
Appears in 9 contracts
Sources: Construction Services Agreement, Construction Services Agreement, Construction Services Agreement
Substantial Completion. (a) The Date of Substantial Completion of the Work, or designated portion of the Work, is the date certified by the Architect/Engineer when construction is sufficiently completed in accordance with the City Of ▇▇▇▇▇▇ General Conditions For Building Construction.
9.7.1 (a) the Contract Documents such that the Owner may beneficially occupy and use the Work, or designated portions of the Work, for the purposes for which it is intended and only trivial and insignificant items remain which do not affect the Work as a whole.
(b) When the Prime Contractor gives notice to City considers that the Work, or the portion thereof designated by City for separate deliveryof the Work which the Owner agrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Prime Contractor shall prepare and give submit to Contractor the Architect/Engineer a comprehensive list of items, if any, remaining items to be completed or corrected before establishing Substantial Completioncorrected. The Prime Contractor shall proceed promptly proceed to complete and correct items on the list (hereinafter called the “punch list”). Failure to include an item on such the punch list does not alter the responsibility of the Prime Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the punch list, the Architect/Engineer will then make a further an inspection to determine whether the Work Work, or such designated portion thereof of the Work, is Substantially Complete. If City's the Architect/Engineer’s inspection discloses any item, whether or not included on the punch list, which must be completed or corrected before Substantial Completion, is not in accordance with the requirements of the Contract Documents and which renders the Work inspected not Substantially Complete the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemthe item upon notification by the Architect/Engineer. The Prime Contractor shall then submit a request for another inspection by City the Architect/Engineer to determine Substantial Completion.
9.7.2 . When City determines that the Work or such designated portion thereof of the Work is Substantially Complete, City the Architect/Engineer will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion Completion, shall establish responsibilities of the Owner and the responsibilities of City and Prime Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Prime Contractor shall finish all items and correction or repair of on the Work or such designated portion thereof. Unless otherwise provided in punch list accompanying the Certificate.
(c) The Certificate of Substantial Completion, Completion shall be submitted to the Guarantee To Repair Period Owner and the Prime Contractor for their written acceptance of responsibilities assigned to them in the Work Certificate.
(which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of d) Upon Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period thereof and upon application by the Prime Contractor and certification by the Architect/Engineer, the Owner shall make payment, reflecting adjustment in retainage, if any, for systems which become fully operational the Work, or Accepted subsequent to Substantial Completion will begin on the later portion of the date they are operational or Acceptance of Work, as provided in the Project by CityContract Documents.
Appears in 8 contracts
Sources: Construction Contract, Construction Contract, Contract
Substantial Completion.
9.7.1 When Contractor gives notice 10.5.1 The Construction Manager shall notify the Owner and, if directed, the Design Professional when it considers Substantial Completion of the Work or a designated portion to City that have been achieved. The Owner, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion can be occupied or used for its intended use by the Owner without excessive interference in completing any remaining unfinished Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City . If the Owner determines that the Work or designated portion thereof is has not sufficiently complete to warrant an inspection to determine reached Substantial Completion, the Owner, with the assistance of its Design Professional or Construction Manager will inspect the WorkProfessional, or such designated portion thereof, and prepare and give to Contractor shall promptly compile a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionso the Owner may occupy or use the Work or designated portion for its intended use. Contractor The Construction Manager shall promptly proceed to complete and correct all items on the list. Failure to include an item on such list does not alter the responsibility .
10.5.2 When Substantial Completion of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such a designated portion thereof is Substantially Complete. If City's inspection discloses any itemachieved, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor Owner shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish establishing the date of Substantial Completion and the respective responsibilities of City the Owner and Contractor Construction Manager for interim items such as security, maintenance, heat, utilities, insurance, and damage to the Work, and fixing the time for completion of minor all items on the list accompanying the Certificate. The Certificate of Substantial Completion shall be issued by the Owner to the Construction Manager and correction or repair to the Design Professional for notice of responsibilities assigned in the Work or such designated portion thereof. Certificate of Substantial Completion.
10.5.3 Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such a designated portion thereofportion.
10.5.4 At any time after all or any part of the work is substantially completed in accordance with subsection 10.5.1 above, the Construction Manager may request the release of all or part of the retainage owed in accordance with the provisions of sections 262.34, Code of Iowa. The Guarantee To Repair Period Any request for systems which become fully operational or Accepted subsequent to Substantial Completion will begin release of retainage under this section 10.5.4 must be submitted on the later form supplied by the Owner. In addition to any requirements under Iowa Code section 262.34 or other applicable law, such request shall be accompanied by (a) subcontractor claim releases and/or waiver of claim rights for all portions of the date they are operational or Acceptance Work for which release of retainage is requested on the Owner’s form, and (b) the written consent of any surety to payment of the Project balance due for portions of the Work that are fully completed and accepted. Any request for release of retainage must be submitted to the individual designated by Citythe Owner as its representative. Any request for release of retainage that does not conform with the requirements of this subsection 10.5.4 is deemed denied for failure to comply with the requirements of this Agreement.
Appears in 4 contracts
Sources: Construction Manager Agreement, Construction Manager Agreement, Construction Manager Agreement
Substantial Completion.
9.7.1 When Contractor gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.
Appears in 4 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
Substantial Completion.
9.7.1 When the Job Order Contractor gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines considers that the Work or designated portion thereof is not sufficiently complete related to warrant an inspection to determine a Job Order has reach Substantial Completion, Design Professional or Construction it shall submit a request to the City’s Project Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor for a comprehensive list certificate of items, if any, to be completed or corrected before establishing Substantial Completion. Substantial Completion must occur not later than the date set forth in the applicable Job Order, subject to modification by changes in the Contract Time according to this Article 4. A prerequisite for Substantial Completion, over and above the extent of construction completion required, is receipt by the City of acceptable documentation that Job Order Contractor has successfully tested and demonstrated all systems for their intended uses. The City shall determine when the Job Order Contractor’s Work is substantially complete. The Substantial Completion date shall be confirmed by a Certificate of Substantial Completion signed by the City and Job Order Contractor. The Certificate of Substantial Completion shall state the respective responsibilities of the City and the Job Order Contractor for security, maintenance and damage to the work and insurance. The Certificate of Substantial Completion shall also include the Punch List as created by the Job Order Contractor and modified by the City and establish the time for completion and correction of all Punch List items. The Job Order Contractor shall proceed promptly proceed to complete and correct items on the listPunch List items. Failure to include an item on such list the Punch List does not alter the responsibility of the Job Order Contractor to complete all Work in accordance with the Contract Documents. If the City will then make a further inspection and the Job Order Contractor cannot agree as to determine whether the Work appropriate Substantial Completion date, such issue shall be submitted for dispute resolution in accordance with the procedures set forth in Article 18 below. Notwithstanding such disagreement, the Job Order Contractor shall diligently proceed with completion of the Punch List items. Warranties required by the Contract Documents shall commence on the Substantial Completion date or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by CityContract Documents.
Appears in 3 contracts
Sources: Job Order Contract, Job Order Contract, Job Order Contract
Substantial Completion.
9.7.1 When the Contractor gives notice to City considers that the Work, or a portion thereof designated by City for separate deliverythereof, which the Owner agrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Contractor shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionand corrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such the list does not alter relieve the Contractor of the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Architect will then make a further inspection to an inspection, and with the approval of the Owner, determine whether the Work Work, or such designated portion thereof thereof, is Substantially Complete. If Citythe Architect's inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contact Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. The Contractor shall then submit a may request for another inspection additional inspections by City the Architect as may be reasonable to determine when Substantial Completion.
9.7.2 Completion has been achieved. When City determines that the Work or such designated portion thereof thereof, is Substantially Complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the shall establish responsibilities of City the Owner and Contractor for securityfor: Security Maintenance Water, maintenancesewer, heat, utilities, insurance, completion electric and other utilities Damages to the Work; and Insurance Responsibilities The Certificate shall also establish the time within which the Contractor shall finish all items on the list of minor items and correction incomplete Work or repair corrections otherwise necessary to meet the requirements of the Work Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion, or such designated portion thereof. Unless , unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the . The Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Completion shall commence on be submitted to the date Owner and Contractor for their written acceptance of responsibilities assigned to each. Upon Substantial Completion of the Work Work, or such designated portion thereof. The Guarantee To Repair Period , and upon application by the Contractor, certification by the Architect, and approval by the Owner, the Owner shall make payment, reflecting adjustment in retainage, if any, for systems which become fully operational such Work or Accepted subsequent to Substantial Completion will begin on portion thereof as provided in the later of the date they are operational or Acceptance of the Project by CityContract Documents.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
Substantial Completion. (a) The Date of Substantial Completion of the Work, or designated portion of the Work, is the date certified by the Architect/Engineer when construction is sufficiently completed in accordance with the City Of ▇▇▇▇▇▇ General Conditions For Building Construction.
9.7.1 (a) the Contract Documents such that the Owner may beneficially occupy and use the Work, or designated portions of the Work, for the purposes for which it is intended and only trivial and insignificant items remain which do not affect the Work as a whole.
(b) When the Contractor gives notice to City considers that the Work, or the portion thereof designated by City for separate deliveryof the Work which the Owner agrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Contractor shall prepare and give submit to Contractor the Architect/Engineer a comprehensive list of items, if any, remaining items to be completed or corrected before establishing Substantial Completioncorrected. The Contractor shall proceed promptly proceed to complete and correct items on the list (hereinafter called the “punch list”). Failure to include an item on such the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the punch list, the Architect/Engineer will then make a further an inspection to determine whether the Work Work, or such designated portion thereof of the Work, is Substantially Complete. If City's the Architect/Engineer’s inspection discloses any item, whether or not included on the punch list, which must be completed or corrected before Substantial Completion, is not in accordance with the requirements of the Contract Documents and which renders the Work inspected not Substantially Complete the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemthe item upon notification by the Architect/Engineer. The Contractor shall then submit a request for another inspection by City the Architect/Engineer to determine Substantial Completion.
9.7.2 . When City determines that the Work or such designated portion thereof of the Work is Substantially Complete, City the Architect/Engineer will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion Completion, shall establish responsibilities of the Owner and the responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Contractor shall finish all items and correction or repair of on the Work or such designated portion thereof. Unless otherwise provided in punch list accompanying the Certificate.
(c) The Certificate of Substantial Completion, Completion shall be submitted to the Guarantee To Repair Period Owner and the Contractor for their written acceptance of responsibilities assigned to them in the Work Certificate.
(which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of d) Upon Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period thereof and upon application by the Contractor and certification by the Architect/Engineer, the Owner shall make payment, reflecting adjustment in retainage, if any, for systems which become fully operational the Work, or Accepted subsequent to Substantial Completion will begin on the later portion of the date they are operational or Acceptance of Work, as provided in the Project by CityContract Documents.
Appears in 2 contracts
Sources: Construction Contract, Contract
Substantial Completion. 4.1.1 Substantial Completion shall be for the entire Project unless a partial Substantial Completion is identified in the approved GMP schedule and stated in the Notice to Proceed letter or as may be mutually agreed by the parties in writing. Substantial Completion shall be in accordance with its definition in Article 1 and with the criteria set forth in the Notice to Proceed.
9.7.1 When Contractor gives notice 4.1.2 Prior to notifying the City that the Workin accordance to Section 4.1.3 below, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that ▇▇▇▇ shall inspect the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give submit to Contractor the City a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. Contractor ▇▇▇▇ shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor ▇▇▇▇ to complete all Work in accordance with the Contract Documents. .
4.1.3 ▇▇▇▇ shall notify City will then make when it believes the Work, or to the extent permitted in the Contract Documents, a further inspection to determine whether portion of the Work or such designated portion thereof Work, is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before substantially complete.
4.1.4 Within five (5) days of City’s issuance receipt of ▇▇▇▇’▇ notice, the City and ▇▇▇▇ shall jointly inspect such Work to verify that it is substantially complete in accordance with the requirements of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial CompletionContract Documents.
9.7.2 When City determines that the 4.1.5 If such Work or such designated portion thereof is Substantially Completesubstantially complete, City will shall prepare and issue a Certificate of Substantial Completion on City's form, which when signed by City that shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work set forth (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on i) the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period , (ii) the remaining items of Work that have to be completed within thirty (30) calendar days before Final Acceptance, (iii) provisions (to the extent not already provided in the Contract Documents) establishing City’s and ▇▇▇▇’▇ responsibility for systems the Project’s security, maintenance, utilities and insurance pending Final Acceptance and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion.
4.1.6 City, at its option, may use a portion of the Work which become fully operational or Accepted subsequent has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion will begin on has been issued for the later portion of Work addressing the items set forth in Section 4.1.5 above, (ii) ▇▇▇▇ and City have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) City and ▇▇▇▇ agree that City’s use or occupancy shall not interfere with ▇▇▇▇’▇ completion of the date they are operational or Acceptance of the Project by Cityremaining Work.
Appears in 2 contracts
Sources: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement
Substantial Completion.
9.7.1 7.3.1 When Contractor gives notice to City that Construction Manager considers the Work, or a portion thereof designated by which the City for separate deliveryagrees to accept separately, is that Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and shall prepare and give submit to Contractor the Designer and the City a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment. Failure to include an item on such list does not alter the responsibility of Contractor the Construction Manager to complete all Work in accordance with the Contract Documents. .
7.3.2 Upon receipt of the Construction Manager’s list, the Designer and the City will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If the Designer and the City's ’s inspection discloses any item, whether or not included on the Construction Manager’s list, which must be completed is not sufficiently complete in accordance with the Contract Documents so the City can occupy or corrected before Substantial Completionutilize the Work or designated portion thereof for its intended use, Contractor the Construction Manager shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Designer and the City. Contractor In such case, the Construction Manager shall then submit a request for another inspection by the Designer and the City to determine Substantial Completion.
9.7.2 7.3.3 When City determines that the Work or such designated portion thereof is Substantially Complete, City the Designer will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered signature by the Certificate of Substantial Completion, excluding any systems provided City. Warranties required by Separate Contractors which are not yet fully operational or accepted by City, the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
7.3.4 The Certificate of Substantial Completion shall be submitted to the City and Construction Manager for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and Consent of Surety Company to Final Payment, the City shall make payment of retainage applying to such Work or designated portion thereof. The Guarantee To Repair Period Such payment shall be adjusted for systems which become fully operational Work that is incomplete or Accepted subsequent to Substantial Completion will begin on not in accordance with the later requirements of the date they are operational or Acceptance Contract Documents.
7.3.5 Retainage will be released to Construction Manager within 30 days of Substantial Completion, less 150% of the Project by Cityreasonable value of any Work which is incomplete or not performed in compliance with the Contract Documents.
Appears in 2 contracts
Sources: Construction Manager Agreement, Construction Manager Agreement
Substantial Completion. 9.4.1 Substantial Completion is defined to mean the stage in the progress of the Work when, in the City's sole and reasonable discretion, the Work is sufficiently complete in accordance with the Contract Documents so that City can occupy or utilize the Work for its intended use and:
9.7.1 When Contractor gives 1. There are no stop notice or pending claims against construction funds or Design-Builder has provided release bonds or other adequate security to City to satisfy such claims;
2. All systems included in the Work are operational as designed and tested;
3. Design-Builder provides evidence that it has completed or is ready to perform designated instruction and training of City's personnel in the operations and maintenance of the Work has been completed;
4. All final finishes, fixtures and equipment required by the Contract Documents are in place;
5. Certifications from all Design Team Members that the Work, or portion thereof designated by Work has been completed in accordance with the design and the Contract Documents.
6. Design-Builder has submitted to City for separate delivery, a written certification that all remaining Work shall be completed within thirty (30) Days following the date of Substantial Completion and that reproducible As-Built Drawings will be completed and submitted to City within thirty (30) Days following the date of Substantial Completion.
9.4.2 When the Design-Builder considers that the Work is Substantially Complete, unless as defined herein, the Design-Builder shall prepare and submit to the City determines that a written request for issuance of a Certificate of Substantial Completion and a comprehensive list of items to be completed. The Design-Builder shall proceed promptly to complete and correct the Work or designated portion thereof is not sufficiently complete to warrant items. Upon receipt of the Design-Builder’s request for issuance of a Certificate of Substantial Completion, the City will make an inspection to determine whether Substantial Completion, Design Professional Completion has occurred. The City may either reject the Design-Builder’s request for issuance of a Certificate of Substantial Completion or Construction Manager will inspect issue a Certificate of Substantial Completion with the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list punchlist items of items, if any, Work to be completed or corrected before establishing Substantial (“Punchlist”) and fixing the time within which Design-Builder shall complete the Punchlist items and achieve Final Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such the Design-Builder’s list does not alter the responsibility of Contractor the Design-Builder to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.
Appears in 2 contracts
Sources: Design Build Agreement, Design Build Agreement
Substantial Completion.
9.7.1 When Contractor gives notice to City that 9.8.1 Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete in accordance with the Contract Documents, and when all required occupancy permits, if any, have been issued, so the Owner can occupy or utilize the Work for its intended use and all Work contemplated to warrant an inspection be performed under the Contract is completed other than "punch list" items. Material aesthetic details, as determined by Development Manager in its reasonable discretion, which have not been completed shall not be deemed "punch list" items and must be completed prior to determine Substantial Completion, Design Professional or Completion being deemed to have occurred. The Construction Manager will inspect shall secure and deliver to the Owner written warranties and guarantees from all of its Subcontractors, Sub-subcontractor and suppliers bearing the date of Substantial Completion or some other date as may be agreed by the Owner and stating the period of warranty as required by the Contract Documents. The Construction Manager is responsible for the warranty of all Work, whether performed by it or by its Subcontractors at any tier.
9.8.2 When the Construction Manager considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the Construction Manager shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment. Failure to include an item on such list does not alter the responsibility of Contractor the Construction Manager to complete all Work in accordance with the Contract Documents. City .
9.8.3 Upon receipt of the Construction Manager's list, the Architect will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If Citythe Architect's inspection discloses any item, whether or not included on the Construction Manager's list, which must be completed is not sufficiently complete in accordance with the requirements of the Contract Documents, so that the Owner can occupy or corrected before Substantial Completionutilize the Work or designated portion thereof for its intended use, Contractor the Construction Manager shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. Contractor In such case, the Construction Manager shall then submit a request for another inspection by City the Architect to determine Substantial Completion.
9.7.2 9.8.4 When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the Completion, shall establish responsibilities of City the Owner and Contractor Construction Manager for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Construction Manager shall finish all items and correction or repair of on the Work or such designated portion thereoflist accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
9.8.5 The Certificate of Substantial Completion shall be submitted to the Development Manager and Construction Manager for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. The Guarantee To Repair Period Such payment shall be adjusted for systems which become fully operational Work that is incomplete or Accepted subsequent to Substantial Completion will begin on not in accordance with the later requirements of the date they are operational or Acceptance of the Project by CityContract Documents.
Appears in 2 contracts
Sources: Agreement Between Owner and Architect (Chukchansi Economic Development Authority), Construction Manager Agreement (Chukchansi Economic Development Authority)
Substantial Completion.
9.7.1 When Contractor gives notice to City that 9.8.1 Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional in accordance with the Contract Documents so the Owner can occupy or Construction Manager will inspect utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the Contractor shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Architect will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If Citythe Architect's inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contract Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. The Contractor shall then submit a request for another inspection by City the Architect to determine Substantial Completion.
9.7.2 . When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the Completion, shall establish responsibilities of City the owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Contractor shall finish all items and correction or repair of on the Work or such designated portion thereoflist accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such designated portion thereofthereof unless otherwise provided in the Certificate of Substantial Completion. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Certificate of Substantial Completion will begin on shall be submitted to the later Owner and Contractor for their written acceptance of the date they are operational or Acceptance of the Project by Cityresponsibilities assigned to them in such Certificate.
Appears in 1 contract
Sources: Construction Contract (Digex Inc/De)
Substantial Completion.
9.7.1 When Contractor gives notice to City that § 9.8.1 Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use; provided, however, that as a condition precedent to warrant an inspection to determine Substantial Completion, Design Professional the Owner has received all certificates of occupancy and other permits, approvals, licenses, and other documents from all governmental authorities that are necessary for the beneficial occupancy and use of the portion of the Project to be occupied or Construction Manager will inspect utilized.
§ 9.8.2 When the Contractor considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the Contractor shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. City .
§ 9.8.3 Upon receipt of the Contractor’s list, the Architect will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If City's the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which must be completed is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or corrected before Substantial Completionutilize the Work or designated portion thereof for its intended use, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by City the Architect to determine Substantial Completion.
9.7.2 § 9.8.4 When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City that shall establish the date of Substantial Completion and the Completion; establish responsibilities of City the Owner and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of damage to the Work or such designated portion thereofand insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
§ 9.8.6 The Guarantee To Repair Period acceptance of substantial completion payment shall constitute a waiver of all claims by the Contractor and its Subcontractors, except those previously made in writing and identified by the Contractor as unsettled at the time the Contractor submits the application for systems which payment for substantial completion, and except for the retained sums due at final acceptance.
§ 9.8.7 The Contractor shall indemnify and hold the Owner harmless against any claims by its Subcontractors that are waived because they were not made in writing and identified by the Contractor as unsettled when the Contractor submitted the application for payment for substantial completion.
§ 9.8.8 The Owner shall have the option to correct or complete any and all Punch List items not completed by the Contractor to the satisfaction of the Architect and of the Owner within ninety (90) days the Project from the actual date of substantial completion for the Project by utilizing its own forces or by hiring others. The cost of such correction of remaining Punch List items by the Owner or others shall be deducted from the final payment to the Contractor.
§ 9.8.9 If the Contractor does not complete certain Punch List items within the required time period, all warranties and guarantees for such incomplete Punch List items shall become fully operational or Accepted subsequent effective upon Contractor submitting to Substantial Completion will begin on the later Owner and Architect certification of the date they are operational or Acceptance such items were completed and approval by the Owner’s representative and Architect. The issuance of the certificate of substantial completion does not indicate final acceptance of the individual Project by Citythe Owner, and the Contractor is not relieved of any responsibility for the individual Project except as specifically stated in the certificate of substantial completion.
§ 9.8.10 Should the Architect or the Owner determine that the Work or designated portion thereof is not substantially complete, they shall provide the Contractor with written notice stating why the Work or designated portion thereof is not substantially complete. The Contractor shall expeditiously complete the Work and shall re- request in writing that the Architect perform another substantial completion inspection. Costs, if any, associated with such re-inspection shall be assessed to the Contractor at the rates specified in the Architect’s contract with the Owner and deducted from payment to the Contractor.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Construction Manager as Constructor
Substantial Completion.
9.7.1 When Contractor gives notice to a. The date of Substantial Completion is the date established by SLWD and approved by the City that when the Work, or portion thereof designated by City for separate delivery, Project is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection permit the City to determine Substantial Completionuse it for its intended purpose, Design Professional or Construction Manager will inspect the Work, or such designated portion thereofCity issues a Temporary Certificate of Occupancy, and prepare the items listed below are complete. For the issuance of a Temporary Certificate of Occupancy (Partial Utilization) in accordance with this Agreement, the City will notify the SLWD of which items listed below must be complete for partial utilization. SLWD shall take all action reasonably necessary to ensure the Temporary Certificate of Occupancy does not expire and give to Contractor a final Certificate of Occupancy is timely obtained for the Project.
b. SLWD shall notify the City in writing when the SLWD considers the Project Substantially Complete and attach a comprehensive list of itemsincomplete work and items needing correction with dates indicating when the items listed will be completed.
c. Once the City has received notice and attachments from SLWD, the City will promptly inspect the Work. The City may refuse to inspect the Work if anythe Work is obviously not substantially complete or when the SLWD’s list is not complete.
d. The following items shall be completed prior to a request by the SLWD for inspection for Substantial Completion, subject to the punch list procedures set forth in the Project Documents and/or required by Section 281.735, Florida Statutes.
1. Temporary Certificate of Occupancy or Certificate of Completion, as applicable, shall be obtained from the proper Building Official.
2. All general construction completed.
3. All mechanical, electrical, plumbing, and fire sprinkling work complete, equipment, and fixtures in place, connected, cleaned and ready for use.
4. All electrical circuits shall be scheduled in panels, and all panels and disconnect switches properly labeled.
5. All painting shall be completed; all signs installed.
6. All Project components including floors, glass, and metal work shall be cleaned.
7. All finished hardware shall be installed, and all doors shall be in good working order. All keys and blanks shall have been provided.
8. Project site shall be cleared of the Contractor’s and Subcontractors’ excess equipment, storage shacks, trailers, and/or building supplies. All temporary construction and utilities shall be removed.
9. All mechanical and electrical systems that are required to be completed or corrected before establishing Substantial Completioninstalled by SLWD, must be 100% complete without exception.
10. Contractor All operations and maintenance manuals for all equipment shall promptly proceed have been submitted.
11. Manufacturers' certifications and warranties shall be delivered to complete City.
12. All operations and correct items on the listmaintenance training related literature, software and back-up disks shall have been provided.
13. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work All required spare parts as well as any special tools shall have been provided.
14. All HVAC testing and balancing reports shall have been submitted and approved.
15. The Project record drawings and specifications shall be submitted in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completionthis Agreement.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.
Appears in 1 contract
Sources: Comprehensive Agreement
Substantial Completion. 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use.
9.7.1 When 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor gives notice considers that
9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor’s Notice of Substantial Completion and the Contractor’s list, the Architect and Owner will make inspections to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that determine whether the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If Citythe Architect's inspection discloses and Owner’s inspections disclose any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contract Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. In such case, the Contractor shall then submit another Contractor’s Notice of Substantial Completion and a request for another inspection by City the Architect and Owner to determine Substantial Completion.
9.7.2 9.8.4 When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the Completion, shall establish responsibilities of City the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the contractor shall finish all items and correction or repair of on the Work or such designated portion thereoflist accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate.
9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. The Guarantee To Repair Period Such payment shall be adjusted for systems which become fully operational Work that is incomplete or Accepted subsequent to Substantial Completion will begin on not in accordance with the later requirements of the date they are operational or Acceptance of the Project by CityContract Documents.
Appears in 1 contract
Sources: Architectural Services Agreement
Substantial Completion.
9.7.1 A. When Contractor gives notice to City considers that the Work, phase or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated a portion thereof, and which City agrees to accept separately, is substantially complete, Contractor, in conjunction with the Inspector, shall prepare and give submit to Contractor the City’s Project Manager a comprehensive list Punch List of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete Final Acceptance and correct items on the listFinal Payment. Failure to include an item on such list Punch List does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City .
B. Upon receipt of Contractor’s Punch List, City’s Project Manager will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. City’s Project Manager may, at City’s Project Manager’s sole option, be assisted in such inspection by the Design Professional for the Project and/or a designed third-party inspector. If the inspection by the City's inspection ’s Project Manager discloses any item, whether or not included on the listContractor’s Punch List, which must be is not sufficiently completed in accordance with the Contract Documents so that City can occupy or corrected before Substantial Completionutilize the Work, phase or designated portion thereof for its intended use, Contractor shall, before City’s issuance of the Certificate of Substantial CompletionFinal Acceptance, complete or correct such itemitem upon notification by City’s Project Manager. In such case, Contractor shall then submit a request for another inspection by City City’s Project Manager to determine Substantial CompletionFinal Acceptance.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare C. The City’s Project Manager shall not issue a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion unless and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of until the Work (or such designated portion thereof. Unless otherwise separable units or Phases as provided in the Certificate Contract Documents) is essentially and satisfactorily complete in accordance with the Contract Documents, such that the Project is ready for use by City for its intended purpose, opening to the general public, full occupancy or use by City (including, without limitation, all separate units, or rooms, facilities, access, income-generating areas, and/or all areas serving the general public, as applicable, shall be ready for full-operation without material inconvenience or discomfort), including, to the extent applicable to the Work, the following: all materials, equipment, systems, controls, features, facilities, accessories and similar elements are installed in the proper manner and in operating condition, inspected and approved; surfaces have been painted; masonry and concrete cleaned with any sealer or other finish applied; utilities and systems connected and functioning; site work complete; permanent heating, ventilation, air condition, vertical transportation and other systems properly operating with proper controls; lighting and electrical systems installed, operable and controlled; paving completed, signage installed, and/or other Work as applicable, has been performed to a similar state of essential and satisfactory completion. A minor amount of Work, as determined by and at the discretion of the City’s Project Manager, such as installation of minor accessories or items, a minor amount of painting, minor replacement of defective Work, minor adjustment of controls or sound systems, or completion or correction of minor exterior Work that cannot be completed as a result of weather conditions, will not delay determination of Substantial Completion. If prior written approval is obtained from City for purposes of Substantial Completion, specified areas of the Guarantee To Repair Period for the entire Work or Project may be individually certified as Substantially Complete. In no event shall Substantial Completion be deemed to have occurred unless and until: (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered i) a temporary certificate of occupancy has been issued by the Certificate of Substantial Completion, excluding any systems provided appropriate Governmental Authorities (as applicable) and (ii) all terms and Work required under this Agreement have been fulfilled by Separate Contractors which are not yet fully operational or Contractor and same shall have also been approved an accepted by City, subject only to the Punch List items.
D. If requested by City, Contractor shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent complete and turn-over to Substantial Completion will begin on the later of the date they are operational or Acceptance of City the Project on a phased basis. Each phase shall have a separate inspection by the City’s Project Manager, a Punch List generated, and then an inspection by City with final approval and acceptance only after the City’s Project Manager’s Punch List.
Appears in 1 contract
Sources: Design Build Agreement
Substantial Completion.
9.7.1 When Contractor gives notice The Constructor shall notify the Management Group when it considers Substantial Completion of the Work or a designated portion to City that have been achieved. The Management Group shall promptly conduct an inspection to determine whether the Work or designated portion can be occupied or utilized for its intended use by the Owner without excessive interference by the Constructor in completing any remaining unfinished Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City . If the Management Group determines that the Work or designated portion thereof is has not sufficiently complete to warrant an inspection to determine reached Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor Management Group shall promptly compile a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionso the Owner may occupy or utilize the Work or designated portion for its intended use. Contractor The Constructor shall promptly proceed to complete and correct all items on the list. Failure to include an item on such list does not alter the responsibility When Substantial Completion of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such a designated portion thereof is Substantially Complete. If City's inspection discloses any itemachieved, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor Constructor shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City that shall establish the date of Substantial Completion Completion, and the respective responsibilities of City the Owner and Contractor Constructor for interim items such as security, maintenance, heat, utilities, insuranceinsurance and damage to the Work, and fixing the time for completion of minor all items on the list accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by the Constructor to the Management Group and correction or repair Owner for the Owner's written acceptance of responsibilities assigned in the Work or such designated portion thereofCertificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such a designated portion thereofportion. Upon acceptance by the Owner of the Certificate of Substantial Completion, the Owner shall pay to the Constructor the remaining retainage held by the Owner for the Work described in the Certificate of Substantial Completion less a sum equal to two hundred percent (200%) of the estimated cost of completing or correcting remaining items on that part of the Work, as agreed to by the Owner and Constructor as necessary to achieve Final Completion. Uncompleted items shall be completed by the Constructor in a mutually agreed time frame. The Guarantee To Repair Period Owner shall pay the Constructor monthly the amount retained for systems which become fully operational unfinished items as each item is completed. PARTIAL OCCUPANCY OR USE The Owner may occupy or Accepted subsequent use completed or partially completed portions of the Work when (a) the portion of the Work is designated in a Certificate of Substantial Completion, (b) appropriate insurer(s) consent to Substantial Completion will begin the occupancy or use, and (c) public authorities authorize the occupancy or use. The Constructor shall not unreasonably withhold consent to partial occupancy or use. Owner shall not unreasonably refuse to accept partial occupancy. FINAL COMPLETION AND FINAL PAYMENT Upon notification from the Constructor that the Work is complete and ready for final inspection and acceptance, the Management Group shall promptly conduct an inspection to determine if the Work has been completed and is acceptable under the Contract Documents. When the Work is complete, the Constructor shall prepare for the Owner's acceptance a final application for payment stating that to the best of the Constructor's knowledge, and based on the later Owner's inspections, the Work has reached final completion in accordance with the Contract Documents. Final payment of the date they are operational or Acceptance balance of the Project Construction Control Estimate shall be made to the Constructor within twenty (20) Days after the Constructor has submitted an application for final payment, including submissions required under Subparagraph 18.8.4, and a Certificate of Final Completion has been executed by Citythe Owner and Constructor. Final payment shall be due on the Constructor's submission of the following to the Owner: an affidavit declaring any indebtedness connected with the Work, e.g. payrolls or invoices for materials or equipment, to have been paid, satisfied or to be paid with the proceeds of final payment, so as not to encumber the Owner's property; as-built drawings, manuals, copies of warranties and all other close-out documents required by the Contract Documents; release of any liens, conditioned on final payment being received; consent of any surety; and any outstanding known and unreported accidents or injuries experienced by the Constructor, Trade Contractors or Subcontractors at the Worksite.
Appears in 1 contract
Sources: Tri Party Agreement
Substantial Completion.
9.7.1 (a) When the Contractor gives notice to City the Project Manager that the Work, Work or such designated portion thereof designated by City for separate delivery, is Substantially Complete, the Project Manager will arrange for inspection by the City’s Building Official and other officials, as appropriate, unless City the Project Manager determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction inspection.
(b) If the Project Manager will inspect determines that the Work, Work or such designated portion thereofthereof is not Substantially Completed, and the Project Manager will prepare and give to Contractor a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract DocumentsContract. City Upon notification that the items on the list are completed or corrected, as applicable, the Project Manager will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's Costs for additional inspection discloses shall be deducted from any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City monies due and payable to determine Substantial CompletionContractor.
9.7.2 When City (c) If the Project Manager determines that the Work or such designated portion thereof is Substantially Complete, City the Project Manager will prepare a Certificate of Substantial Completion on CityHACLA's form, which which, when signed by City HACLA, shall establish the date of Substantial Completion and the responsibilities of City HACLA and Contractor for security, maintenance, heat, utilities, insurance, completion and damage to the Work. The Project Manager will prepare and furnish to the Contractor a comprehensive “punch list” of minor items and correction to be completed or repair of the Work or such designated portion thereof. corrected prior to Final Completion.
(d) Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To to Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of except that Substantial Completion shall not commence the Work Guarantee to Repair Period for any equipment or such designated portion thereofsystems that are not operational (equipment or systems shall not be considered operational if they cannot be used to provide the intended service), or are not accepted by HACLA. The Guarantee To to Repair Period for equipment or systems which become fully operational or Accepted and accepted subsequent to Substantial Completion will begin on the later date of the date they are operational or Acceptance of the Project their written acceptance by CityHACLA.
Appears in 1 contract
Sources: Memorandum of Understanding
Substantial Completion.
9.7.1 When Contractor gives notice to City that 8.7.1 The Date of Substantial Completion of the Work, Work or designated portion thereof is the Date certified by the Design Consultant and Owner when the Work or a designated portion thereof is sufficiently complete, in accordance with the Contract Documents, so Owner can fully occupy and utilize the Work for the use for which it is intended, with all of the Project’s parts and systems operable as required by City the Contract Documents. Only incidental corrective work and any final cleaning beyond that needed for separate delivery, is Substantially Complete, unless City determines Owner’s full use may remain for Final Completion. The Contractor shall be solely responsible for the cost to repair or replace any work damaged or destroyed prior to the Date of Substantial Completion.
8.7.2 When the Design Consultant and the Owner on the basis of an inspection jointly determine that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completionsubstantially complete, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City they will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date Date of Substantial Completion and Completion, shall state the responsibilities of City the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance, completion and shall fix the time within which the Contractor shall complete the items listed therein. Warranties required by the Contract Documents shall commence on the Date of minor items and correction or repair Substantial Completion of the Work or such designated portion thereof. Unless thereof unless otherwise provided in the Certificate of Substantial Completion. The Contractor shall provide operation & maintenance manuals, and operation training to the Guarantee To Repair Period Owner as required by the Contract Documents prior to Substantial Completion. The Owner’s occupancy of incomplete work shall not alter the Contractor’s responsibilities pursuant to this section.
8.7.3 The acceptance of Substantial Completion payment shall constitute a waiver of all claims by the Contractor and its Subcontractors except those previously made in writing and identified by the Contractor as unsettled at the time the Contractor submits the Application for Payment for Substantial Completion, and except for the Work (which retainage sums due at final acceptance. The Contractor shall indemnify and hold the Owner harmless against any claims by its Subcontractors that are waived because they were not made in writing and identified by the Contractor as unsettled when the Contractor submitted the Application for Payment for Substantial Completion.
8.7.4 The issuance of the Certificate of Substantial Completion does not indicate final acceptance of the project by the Owner, and the Contractor is defined not relieved of any responsibility for the project except as specifically stated in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided .
8.7.5 There will be two inspections by Separate Contractors which are not yet fully operational the Design Consultant at Substantial Completion:
.1 To generate a list of items to be completed or accepted by City, shall commence on the date of Substantial Completion corrected before Owner takes possession of the Work or such designated portion thereofWork.
.2 To check that the list of items has been completed before issuing Final Payment. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent Any additional inspections by the Design Consultant requested by Contractor to Substantial Completion will begin on complete the later Punch List shall result in money being withheld from the Final Payment to cover the cost of the date they are operational or Acceptance of the Project by City.these additional inspections
Appears in 1 contract
Sources: Owner Contractor Agreement
Substantial Completion.
9.7.1 When the Contractor gives notice to City considers that the Work, or a portion thereof designated by City for separate deliverythereof, which the Owner agrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Contractor shall prepare and give submit to Contractor the Owner a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionand corrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such the list does not alter relieve the Contractor of the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Architect will then make a further inspection to an inspection, and with the approval of the Owner, determine whether the Work Work, or such designated portion thereof thereof, is Substantially Complete. If City's the Owner’s inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contact Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Owner. The Contractor shall then submit a may request for another inspection additional inspections by City the Architect as may be reasonable to determine when Substantial Completion.
9.7.2 Completion has been achieved. When City determines that the Work or such designated portion thereof thereof, is Substantially Complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the shall establish responsibilities of City the Owner and Contractor for securityfor: • Security • Maintenance • Water, maintenancesewer, heat, utilities, insurance, completion electric and other utilities • Damages to the Work; and • Insurance Responsibilities The Certificate shall also establish the time within which the Contractor shall finish all items on the list of minor items and correction incomplete Work or repair corrections otherwise necessary to meet the requirements of the Work Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion, or such designated portion thereof. Unless , unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the . The Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Completion shall commence on be submitted to the date Owner and Contractor for their written acceptance of responsibilities assigned to each. Upon Substantial Completion of the Work Work, or such designated portion thereof. The Guarantee To Repair Period , and upon application by the Contractor, certification and approval by the Owner, the Owner shall make payment, reflecting adjustment in retainage, if any, for systems which become fully operational such Work or Accepted subsequent to Substantial Completion will begin on portion thereof as provided in the later of the date they are operational or Acceptance of the Project by CityContract Documents.
Appears in 1 contract
Sources: Invitation to Bid
Substantial Completion.
9.7.1 When Contractor DBT gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor DBT a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor DBT shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor DBT to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor DBT shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor DBT shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor DBT for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.
Appears in 1 contract
Sources: Design Build Contract
Substantial Completion. (a) The Date of Substantial Completion of the Work, or designated portion of the Work, is the date certified by the Architect/Engineer when construction is sufficiently completed in accordance with the City Of ▇▇▇▇▇▇ General Conditions For Building Construction. DocuSign Envelope ID: 0B2E709F-1B68-46D3-B102-6A54CF462BF3
9.7.1 (a) the Contract Documents such that the Owner may beneficially occupy and use the Work, or designated portions of the Work, for the purposes for which it is intended and only trivial and insignificant items remain which do not affect the Work as a whole.
(b) When the Prime Contractor gives notice to City considers that the Work, or the portion thereof designated by City for separate deliveryof the Work which the Owner agrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Prime Contractor shall prepare and give submit to Contractor the Architect/Engineer a comprehensive list of items, if any, remaining items to be completed or corrected before establishing Substantial Completioncorrected. The Prime Contractor shall proceed promptly proceed to complete and correct items on the list (hereinafter called the “punch list”). Failure to include an item on such the punch list does not alter the responsibility of the Prime Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the punch list, the Architect/Engineer will then make a further an inspection to determine whether the Work Work, or such designated portion thereof of the Work, is Substantially Complete. If City's the Architect/Engineer’s inspection discloses any item, whether or not included on the punch list, which must be completed or corrected before Substantial Completion, is not in accordance with the requirements of the Contract Documents and which renders the Work inspected not Substantially Complete the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemthe item upon notification by the Architect/Engineer. The Prime Contractor shall then submit a request for another inspection by City the Architect/Engineer to determine Substantial Completion.
9.7.2 . When City determines that the Work or such designated portion thereof of the Work is Substantially Complete, City the Architect/Engineer will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion Completion, shall establish responsibilities of the Owner and the responsibilities of City and Prime Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Prime Contractor shall finish all items and correction or repair of on the Work or such designated portion thereof. Unless otherwise provided in punch list accompanying the Certificate.
(c) The Certificate of Substantial Completion, Completion shall be submitted to the Guarantee To Repair Period Owner and the Prime Contractor for their written acceptance of responsibilities assigned to them in the Work Certificate.
(which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of d) Upon Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period thereof and upon application by the Prime Contractor and certification by the Architect/Engineer, the Owner shall make payment, reflecting adjustment in retainage, if any, for systems which become fully operational the Work, or Accepted subsequent to Substantial Completion will begin on the later portion of the date they are operational or Acceptance of Work, as provided in the Project by CityContract Documents.
Appears in 1 contract
Substantial Completion.
9.7.1 When Contractor gives notice to City that Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when all required occupancy permits have been issued and the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The date of Substantial CompletionCompletion is September 1, Design Professional or Construction Manager will inspect 2025.
9.7.2 When the Contractor considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the Contractor shall prepare and give submit to the Owner and or Owner’s Architect/Engineer a notice that the Contractor believes that the Work is substantially Complete. This notice shall include a comprehensive punch list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. City .
9.7.3 Upon receipt of the Contractor’s list, the Architect/Engineer and Owner jointly will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If City's the inspection discloses any item, whether or not included on the Contractor’s list, which must be completed is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or corrected before Substantial Completionutilize the Work or designated portion thereof for its intended use, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect/Engineer. In such case, the Contractor shall then submit a request for another inspection by City the Architect/Engineer to determine Substantial Completion.
9.7.2 9.7.4 When City determines the Owner and/or the Owner’s Architect/Engineer agrees with the Contractor that the Substantial Completion of the Work or such designated portion thereof is Substantially Completehas been met, City the Architect/Engineer will prepare a Certificate of Substantial Completion on City's form, which when signed by City that shall establish the date of Substantial Completion and the Completion, shall establish responsibilities of City the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Contractor shall finish/fix all items and correction or repair of on the Work or such designated portion thereofPunch list accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to thereof unless otherwise provided in the Certificate of Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by CityCompletion.
Appears in 1 contract
Sources: Agreement Between Owner and General Contractor for Construction Services
Substantial Completion.
9.7.1 14.26.1 When Contractor gives notice to City that Design-Builder considers the Work, or a portion thereof designated by which the City for separate deliveryagrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Design-Builder shall prepare and give submit to Contractor the City a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment. Failure to include an item on such list does not alter the responsibility of Contractor the Design-Builder to complete all Work in accordance with the Contract Documents. .
14.26.2 Upon receipt of the Design-Builder’s list, the City will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If the City's ’s inspection discloses any item, whether or not included on the Design-Builder’s list, which must be completed is not sufficiently complete in accordance with the Contract Documents to the City can occupy or corrected before Substantial Completionutilize the Work or designated portion thereof for its intended use, Contractor the Design- Builder shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the City. Contractor In such case, the Design-Builder shall then submit a request for another inspection by the City to determine Substantial Completion.
9.7.2 14.26.3 When City determines that the Work or such designated portion thereof is Substantially Complete, City the Design- Builder will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered signature by the Certificate of Substantial Completion, excluding any systems provided City. Warranties required by Separate Contractors which are not yet fully operational or accepted by City, the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
14.26.4 The Certificate of Substantial Completion shall be submitted to the City and Design- Builder for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, the City shall make payment of retainage applying to such Work or designated portion thereof. The Guarantee To Repair Period Such payment shall be adjusted for systems which become fully operational Work that is incomplete or Accepted subsequent to Substantial Completion will begin on not in accordance with the later requirements of the date they are operational or Acceptance of the Project by CityContract Documents.
Appears in 1 contract
Sources: Design Build Agreement
Substantial Completion.
9.7.1 When the Contractor gives notice to City considers that the Work, or a portion thereof designated by City for separate deliverythereof, which the Owner agrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Contractor shall prepare and give submit to Contractor the Engineer a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionand corrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such the list does not alter relieve the Contractor of the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Engineer will then make a further inspection to an inspection, and with the approval of the Owner, determine whether the Work Work, or such designated portion thereof thereof, is Substantially Complete. If City's the Engineer’s inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contact Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Engineer. The Contractor shall then submit a may request for another inspection additional inspections by City the Engineer as may be reasonable to determine when Substantial Completion.
9.7.2 Completion has been achieved. When City determines that the Work or such designated portion thereof thereof, is Substantially Complete, City the Engineer will prepare a Certificate Notice of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the shall establish responsibilities of City the Owner and Contractor for securityfor: • Security • Maintenance • Water, maintenancesewer, heat, utilities, insurance, completion electric and other utilities • Damages to the Work; and • Insurance Responsibilities The Certificate shall also establish the time within which the Contractor shall finish all items on the list of minor items and correction incomplete Work or repair corrections otherwise necessary to meet the requirements of the Work Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion, or such designated portion thereof. Unless , unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the . The Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Completion shall commence on be submitted to the date Owner and Contractor for their written acceptance of responsibilities assigned to each. Upon Substantial Completion of the Work Work, or such designated portion thereof. The Guarantee To Repair Period , and upon application by the Contractor, certification by the Architect, and approval by the Owner, the Owner shall make payment, reflecting adjustment in retainage, if any, for systems which become fully operational such Work or Accepted subsequent to Substantial Completion will begin on portion thereof as provided in the later of the date they are operational or Acceptance of the Project by CityContract Documents.
Appears in 1 contract
Sources: Construction Contract
Substantial Completion.
9.7.1 When Contractor gives notice Prior to Design-Builder reaching the established Substantial Completion date, City that and Design-Builder shall negotiate the Workterms and conditions of City taking partial occupancy of the defined core scope items if City so elects to take partial occupancy. Such partial occupancy or use may commence upon City and Design-Builder accepting in writing the responsibilities assigned to each for security, or portion thereof designated by City for separate deliverymaintenance, is Substantially Complete, unless City determines that damage to the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine and insurance. City and Design-Builder shall agree in writing the period for correction of the Substantial Completion, Design Professional or Construction Manager will inspect Completion Work and the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list commencement of itemswarranties, if any. When Design-Builder considers this Substantial Completion portion of the Work to be complete, Design-Builder shall prepare and submit a list of items to be completed or corrected before establishing of the core scope items making up the Substantial Completion. Contractor shall promptly proceed to complete Completion and correct items on the list. Failure to include an item on submit such list does not alter to City. Upon receipt of Design-Builder’s list of items, City then shall determine if Design-Builder has met the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance requirements of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that VI.4.1 Consent of Design-Builder to any partial occupancy or use shall not be unreasonably withheld. The state of the progress of the Work shall be determined by written agreement between City and Design-Builder.
VI.4.2 Immediately prior to such partial occupancy or such designated portion thereof is Substantially Completeuse by City, City will prepare and Design- Builder shall inspect the area in order to determine and record the condition of the Work.
VI.4.3 Unless expressly agreed upon in writing, City’s partial occupancy or City’s use of a Certificate portion of or portions of the Work shall not constitute City’s acceptance of Work not complying with the requirements of the Contract Documents.
VI.4.4 Upon Design-Builder meeting the Substantial Completion on City's formdate and City taking partial occupancy or use of the area of the Project, which when signed City may assume responsibility for maintenance, security and insuring that portion of the Work put into use and accepted by City shall establish the date through notification of such responsibility in writing to Design- Builder.
VI.4.5 Partial occupancy or use by City does not constitute Substantial Completion and the responsibilities of said partial occupancy or use by City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided starts only those warranty period(s) accepted in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project writing by City.
Appears in 1 contract
Sources: Design Build Contract
Substantial Completion.
9.7.1 When Contractor gives notice 10.6.1 Construction Manager shall notify Owner and, if directed, Design Professional when it considers Substantial Completion of the Work or a designated portion to City that have been achieved. Owner, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion can be occupied or used for its intended use by Owner without excessive interference in completing any remaining unfinished Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City . If Owner determines that the Work or designated portion thereof is has not sufficiently complete to warrant an inspection to determine reached Substantial Completion, Owner, with the assistance of its Design Professional or Construction Manager will inspect the WorkProfessional, or such designated portion thereof, and prepare and give to Contractor shall promptly compile a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionso Owner may occupy or use the Work or designated portion for its intended use. Contractor Construction Manager shall promptly proceed to complete and correct all items on the list. Failure to include an item on such list does not alter the responsibility .
10.6.2 When Substantial Completion of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such a designated portion thereof is Substantially Complete. If City's inspection discloses any itemachieved, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor Construction Manager shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish establishing the date of Substantial Completion and the respective responsibilities of City and Contractor each Party for interim items such as security, maintenance, heat, utilities, insurance, and damage to the Work, and fixing the time for completion of minor all items and correction or repair on the list accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by Construction Manager to Owner and, if directed, to Design Professional for written acceptance of responsibilities assigned in the Work or such designated portion thereof. Certificate of Substantial Completion.
10.6.3 Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such a designated portion thereof. The Guarantee To Repair Period portion.
10.6.4 Upon Owner’s written acceptance of the Certificate of Substantial Completion, Owner shall pay to Construction Manager the remaining retainage held by Owner for systems which become fully operational or Accepted subsequent to the Work described in the Certificate of Substantial Completion will begin on the later less a sum equal to one hundred and fifty percent (150%) of the date they are operational estimated cost of completing or Acceptance correcting remaining items on that part of the Project Work, as agreed to by Citythe Parties as necessary to achieve Final Completion. Uncompleted items shall be completed by Construction Manager in a mutually agreed upon timeframe. Owner shall pay Construction Manager monthly the amount retained for unfinished items as each item is completed.
Appears in 1 contract
Sources: Construction Manager Agreement
Substantial Completion.
9.7.1 When Contractor gives notice to City that § 9.8.1 Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine in accordance with the Design-Build Documents so that the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion, Design Professional or Construction Manager will inspect Completion is the date certified by the Owner in accordance with this Section 9.8.
§ 9.8.2 When the Design-Builder considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the Design-Builder shall prepare and give submit to Contractor the Owner a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment. Failure to include an item on such list does not alter the responsibility of Contractor the Design-Builder to complete all Work in accordance with the Contract Design-Build Documents. City will then .
§ 9.8.3 Upon receipt of the Design-Builder’s list, the Owner shall make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If City's the Owner’s inspection discloses any item, whether or not included on the Design-Builder’s list, which must be completed is not sufficiently complete in accordance with the Design-Build Documents so that the Owner can occupy or corrected before Substantial Completionutilize the Work or designated portion thereof for its intended use, Contractor the Design-Builder shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Owner. Contractor In such case, the Design-Builder shall then submit a request for another inspection by City the Owner to determine Substantial Completion.
9.7.2 § 9.8.4 Prior to issuance of the Certificate of Substantial Completion under Section 9.8.5, the Owner and
§ 9.8.5 When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Design-Builder will prepare for the Owner’s signature a Certificate of Substantial Completion on City's formthat shall, which when signed by City shall upon the Owner’s signature, establish the date of Substantial Completion and the Completion; establish responsibilities of City the Owner and Contractor Design-Builder for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Design-Builder shall finish all items on the list accompanying the Certificate. Warranties required by the Design-Build Documents shall commence on the
§ 9.8.6 The Certificate of Substantial Completion shall be submitted by the Design-Builder to acceptance of responsibilities assigned to it in the Certificate. Upon the Owner’s acceptance, completion any, the Owner shall make payment of minor items and correction or repair of retainage applying to the Work or such designated portion thereof. Unless otherwise provided th adjusted for Work that is incomplete or not in accordance with the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion requirements of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.Desig
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Substantial Completion.
9.7.1 When Contractor gives notice A. As used herein and in the Amendment, the “Substantial Completion Date” shall be (1) the date that Landlord, its architect, engineer or construction manager determines that Landlord’s Work has been completed, except for (a) finishing details, minor omissions, mechanical adjustments, and similar items of the type customarily found on an architectural punch-list; and (b) trade fixtures, workstations, telecommunications or computer cabling or built-in furniture or equipment to be installed by Tenant, and (2) the date of final inspection and sign-off by the City that of Santa C▇▇▇▇ on the job card for Landlord’s Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine reasonable equivalent (“Substantial Completion, Design Professional or Construction Manager will inspect ”).
B. Notwithstanding the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of itemsforegoing, if anyLandlord is delayed in completing Landlord’s Work as a result of any Tenant Delay (as defined below), the Substantial Completion Date shall be deemed to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items occur on the listdate on which the Substantial Completion Date would have occurred in the absence of such Tenant Delay, as reasonably determined by Landlord or Landlord’s architect. Failure The term “Tenant Delay” means a delay in the completion of Landlord’s Work to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses extent caused by any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a following: (1) Tenant’s request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work special materials, finishes or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors installations which are not yet fully operational readily available, provided that Landlord has informed Tenant that use of such special materials, finishes or accepted installations will delay completion of Landlord’s Work and Tenant nevertheless elects to use such special materials, finishes or installations; (2) Tenant’s changes in plans and/or working drawings after their approval by City, Landlord and Tenant; or (3) interference with Landlord’s Work caused by Tenant or by Tenant’s contractors or subcontractors. Tenant shall commence on pay for the date incremental increase in the cost of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by Cityconstruction resulting from Tenant Delays.
Appears in 1 contract
Substantial Completion.
9.7.1 10.1. When Contractor Developer gives notice to the City that the Work, or portion thereof designated by City for separate delivery, Work is Substantially Completesubstantially complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completionsubstantial completion, Design Professional or Construction Manager City will inspect the Work, or such designated portion thereof, and prepare and give to Contractor Developer a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completionsubstantial completion. Contractor Developer shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor Developer to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If City's ’s inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completionsubstantial completion, Contractor Developer shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor Developer shall then submit a request require for another inspection by City to determine Substantial Completionsubstantial completion.
9.7.2 10.2. When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City will prepare a Certificate of Substantial Completion on City's ’s form, which when signed by City shall establish the date of Substantial Completion substantial completion and the responsibilities of City and Contractor Developer for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work Work, or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.117 below), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, thereof; shall commence on the date of Substantial Completion substantial completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted accepted subsequent to Substantial Completion substantial completion will begin on the later of the date they are operational or Acceptance acceptance of the Project Work by City.
Appears in 1 contract
Sources: Development Agreement
Substantial Completion.
9.7.1 When Contractor DBE gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor DBE a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor DBE shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor DBE to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor DBE shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor DBE shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor DBE for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.
Appears in 1 contract
Sources: Design Build Contract
Substantial Completion.
9.7.1 8.41.1 When Contractor gives notice to City that Construction Manager considers the Work, or a portion thereof designated by which the City for separate deliveryagrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and shall prepare and give submit to Contractor the Architect and the City a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment. Failure to include an item on such list does not alter the responsibility of Contractor the Construction Manager to complete all Work in accordance with the Contract Documents. .
8.41.2 Upon receipt of the Construction Manager’s list, the Architect and the City will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If the Architect and the City's ’s inspection discloses any item, whether or not included on the Construction Manager’s list, which must be completed is not sufficiently complete in accordance with the Contract Documents so the City can occupy or corrected before Substantial Completionutilize the Work or designated portion thereof for its intended use, Contractor the Construction Manager shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect and the City. Contractor In such case, the Construction Manager shall then submit a request for another inspection by the Architect and the City to determine Substantial Completion.
9.7.2 8.41.3 When City determines that the Work or such designated portion thereof is Substantially Complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered signature by the Certificate of Substantial Completion, excluding any systems provided City. Warranties required by Separate Contractors which are not yet fully operational or accepted by City, the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
8.41.4 The Certificate of Substantial Completion shall be submitted to the City and Construction Manager for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, the City shall make payment of retainage applying to such Work or designated portion thereof. The Guarantee To Repair Period Such payment shall be adjusted for systems which become fully operational Work that is incomplete or Accepted subsequent to Substantial Completion will begin on not in accordance with the later requirements of the date they are operational or Acceptance of the Project by CityContract Documents.
Appears in 1 contract
Sources: Construction Manager Agreement
Substantial Completion. 15.5.1 Substantial Completion is the stage in the progress of the Work when the Work or specified portion thereof is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its proposed use.
9.7.1 15.5.2 When the Contractor gives notice to City considers that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated a specified portion thereof, and which the City agrees to accept separately, is substantially complete, the Contractor shall prepare and give submit to Contractor the Professional a comprehensive thorough and inclusive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such this list does not alter relieve the Contractor of the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor’s list, the Professional and Project Manager will then make a further inspection visit the site to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If City's inspection the Professional’s and the Project Manager’s visit discloses any item, whether or not included on the Contractor’s list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contract Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item, upon notification by the Professional. The Contractor shall then submit a request for another inspection visit by City the Professional to determine Substantial Completion.
9.7.2 . When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Professional will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, and shall fix the Guarantee To Repair Period for time within which the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Document shall commence on the date of Substantial Completion of the Work or such designated portion thereofthereof unless otherwise provided in the Certificate of Substantial Completion. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Certificate of Substantial Completion will begin shall be submitted to the Contractor for their written acceptance and then to the City for acceptance and issuance.
15.5.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Professional, the City shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents.
15.5.4 The City shall have the right to exclude the Contractor from the Work after the date of Substantial Completion, but the City shall allow the Contractor reasonable access to complete or correct items on the later of the date they are operational or Acceptance of the Project by Citylist.
Appears in 1 contract
Sources: Construction Agreement
Substantial Completion.
9.7.1 When Contractor gives notice to City that 8.7.1 The Date of Substantial Completion of the Work, Work or designated portion thereof is the Date certified by the Design Consultant and Owner when the Work or a designated portion thereof is sufficiently complete, in accordance with the Contract Documents, so Owner can fully occupy and utilize the Work for the use for which it is intended, with all of the Project’s parts and systems operable as required by City the Contract Documents. Only incidental corrective work and any final cleaning beyond that needed for separate delivery, is Substantially Complete, unless City determines Owner’s full use may remain for Final Completion. The Contractor shall be solely responsible for the cost to repair or replace any work damaged or destroyed prior to the Date of Substantial Completion.
8.7.2 When the Design Consultant and the Owner on the basis of an inspection jointly determine that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completionsubstantially complete, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City they will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date Date of Substantial Completion and Completion, shall state the responsibilities of City the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance, completion and shall fix the time within which the Contractor shall complete the items listed therein. Warranties required by the Contract Documents shall commence on the Date of minor items and correction or repair Substantial Completion of the Work or such designated portion thereof. Unless thereof unless otherwise provided in the Certificate of Substantial Completion. The Contractor shall provide operation & maintenance manuals, and operation training to the Guarantee To Repair Period Owner as required by the Contract Documents prior to Substantial Completion. The Owner’s occupancy of incomplete work shall not alter the Contractor’s responsibilities pursuant to this section.
8.7.3 The acceptance of Substantial Completion payment shall constitute a waiver of all claims by the Contractor and its Subcontractors except those previously made in writing and identified by the Contractor as unsettled at the time the Contractor submits the Application for Payment for Substantial Completion, and except for the Work (which retainage sums due at final acceptance. The Contractor shall indemnify and hold the Owner harmless against any claims by its Subcontractors that are waived because they were not made in writing and identified by the Contractor as unsettled when the Contractor submitted the Application for Payment for Substantial Completion.
8.7.4 The issuance of the Certificate of Substantial Completion does not indicate final acceptance of the project by the Owner, and the Contractor is defined not relieved of any responsibility for the project except as specifically stated in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided .
8.7.5 There will be two inspections by Separate Contractors which are not yet fully operational the Design Consultant at Substantial Completion:
.1 To generate a list of items to be completed or accepted by City, shall commence on the date of Substantial Completion corrected before Owner takes possession of the Work or such designated portion thereofWork.
.2 To check that the list of items has been completed before issuing Final Payment. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent Any additional inspections by the Design Consultant requested by Contractor to Substantial Completion will begin on complete the later Punch List shall result in money being withheld from the Final Payment to cover the cost of the date they are operational or Acceptance of the Project by Citythese additional inspections.
Appears in 1 contract
Sources: Owner Contractor Agreement
Substantial Completion. 1. Substantial Completion shall be for the entire Project unless a partial Substantial Completion is identified in the approved GMP schedule and stated in the Notice to Proceed letter. Substantial Completion shall be in accordance with its definition in Article 1. and with the criteria set forth in the Notice to Proceed.
9.7.1 When Contractor gives notice 2. Prior to City that notifying the WorkCity, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the CM@Risk shall inspect the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give submit to Contractor the City a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. Contractor The CM@Risk shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor the CM@Risk to complete all Work in accordance with the Contract Documents.
3. CM@Risk shall notify City when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is substantially complete.
4. Within five (5) days of City’s receipt of CM@Risk’s notice, City and CM@Risk will then make a further inspection jointly inspect such Work to determine whether verify that it is substantially complete in accordance with the Work or such designated portion thereof is Substantially Completerequirements of the Contract Documents.
5. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City will shall prepare and issue a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work that will set forth (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on i) the date of Substantial Completion of the Work or such designated portion thereof, (ii) the remaining items of Work that have to be completed within thirty (30) calendar days before Final Acceptance, (iii) provisions provided in the Contract Documents establishing City’s responsibility for the Project’s security, maintenance, utilities and insurance pending Final Acceptance and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion.
6. The Guarantee To Repair Period for systems City, at its option, may use a portion of the Work which become fully operational or Accepted subsequent has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth above, (ii) CM@Risk and City have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) City and CM@Risk agree that City’s use or occupancy will begin on the later not interfere with CM@Risk’s completion of the date they are operational or Acceptance of the Project by Cityremaining Work.
Appears in 1 contract
Sources: Construction Services Contract
Substantial Completion.
9.7.1 When The Contractor gives notice to City that shall notify the Work, Owner when it considers the Substantial Completion of the Work or a portion thereof to have been achieved. The Owner shall promptly conduct an inspection to determine whether the Work or designated portion thereof can be occupied or utilized for its intended use by City for separate delivery, is Substantially Complete, unless City the Owner without excessive interference by the Contractor in completing any remaining unfinished Work. If the Owner determines that the Work or designated portion thereof is has not sufficiently complete to warrant an inspection to determine reached Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor Owner shall promptly compile a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionso the Owner may occupy or utilize the Work or designated portion thereof for its intended use. The Contractor shall promptly proceed to complete and correct all items on the list. Failure to include an item on such list does not alter the responsibility .
9.7.2 When Substantial Completion of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such a designated portion thereof is Substantially Complete. If City's inspection discloses any itemachieved, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the shall prepare a Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and Completion, recommending the respective responsibilities of City the Owner and Contractor for interim items such as security, maintenance, heat, utilities, insurance, and damage to the Work, and fixing the time for completion of minor all items and correction or repair on the list accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by the Work or such designated portion thereof. Contractor to the Owner for written acceptance of responsibilities assigned in the Certificate.
9.7.3 Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such a designated portion thereof. The Guarantee To Repair Period portion.
9.7.4 Upon acceptance by the Owner of the Certificate of Substantial Completion, the Owner shall pay to the Contractor the remaining retainage held by the Owner for systems which become fully operational or Accepted subsequent to the Work described in the Certificate of Substantial Completion will begin on the later less a sum equal to two hundred percent (200%) of the date they are operational estimated cost of completing or Acceptance correcting remaining items on that part of the Project Work, as agreed to by Citythe Owner and Contractor as necessary to achieve final completion.
Appears in 1 contract
Substantial Completion.
9.7.1 When Contractor gives Prior to final completion of the Work as described in Section 5.5 (“Final Completion”), H&H may provide Client with written notice to City that all or a portion of the Work, or Work is Substantially Complete. Within ten (10) days of the date Client receives notice that a portion thereof designated by City for separate delivery, of the Work is Substantially Complete, unless City determines Client shall inspect that portion of the Work and determine whether the same appears to have been completed in accordance with this Agreement. If the Work (or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated applicable portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, ) appears to be completed or corrected before establishing Substantially Complete and performed in accordance with the Agreement, H&H and Client shall execute a Certificate of Substantial CompletionCompletion for Warranty in the form attached hereto as Exhibit I. Any minor Work remaining shall be specified on a punch-list prepared by H&H attached to the Certificate of Substantial Completion for Warranty, the substance of which shall be mutually agreed to by the Parties. Contractor H&H shall promptly proceed to complete and correct items on the list. Failure to include an item on such punch-list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of submitting the Certificate of Substantial Completion, complete or correct such itemCompletion for Warranty (Exhibit I) Notice of Work Completion to Client. Contractor shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that If an item on the Work or such designated portion thereof punch-list is Substantially Complete, City will prepare a Certificate the punch-list shall be amended to remove such item from the list of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor incomplete items and correction or repair of such items shall be re-inspected to confirm completion during the Work or such designated portion thereoffinal inspection. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, this Agreement shall commence on the date of Substantial Completion of the Work or such designated portion thereofthereon or, if the Work is equipment for which start up is required, on the date of initial start-up. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Certificate of Substantial Completion will begin on shall identify the later date of Substantial Completion for Warranty for each portion of the Work and such date they are operational shall be the date the warranties commence for such Work or Acceptance of the Project by Cityportion thereof.
Appears in 1 contract
Sources: Energy Savings Performance Agreement
Substantial Completion.
9.7.1 When Contractor gives notice § 9.8.1 Substantial Completion is the stage in the progress of the Work to City that the Work, or portion thereof designated by City be completed for separate delivery, is Substantially Complete, unless City determines that the a Phase when such Work or designated portion thereof is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize such Work for its intended use.
§ 9.8.2 When the Contractor considers that the Work to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Workbe completed for a Phase, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the Contractor shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment for such Work. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work to be completed for the applicable Phase in accordance with the Contract Documents. City .
§ 9.8.3 Upon receipt of the Contractor's list, the Architect will then make a further an inspection to determine whether the Work to be completed for a Phase or such designated portion thereof is Substantially Completesubstantially complete. If Citythe Architect's inspection discloses any item, whether or not included on the Contractor's list, which must be completed is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or corrected before Substantial Completionutilize such Work or designated portion thereof for its intended use, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by City the Architect to determine Substantial Completion.
9.7.2 § 9.8.4 When City determines that the Work to be completed for a Phase or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, for such Work which when signed by City shall establish the date of Substantial Completion and the for such Work, shall establish responsibilities of City the Owner and Contractor for security, maintenance, heat, utilities, damage to such Work and insurance, completion of minor and shall fix the time within which the Contractor shall finish all items and correction or repair of on the Work or such designated portion thereoflist accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of such Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
§ 9.8.5 The Certificate of Substantial Completion for each Phase of the Work shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or such designated portion thereof. The Guarantee To Repair Period Such payment shall be adjusted for systems which become fully operational Work that is incomplete or Accepted subsequent to Substantial Completion will begin on not in accordance with the later requirements of the date they are operational or Acceptance of the Project by CityContract Documents.
Appears in 1 contract
Sources: Construction Contract (Sierra Pacific Resources /Nv/)
Substantial Completion.
9.7.1 When Contractor gives notice to City that 4.8.1. Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completionin accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended purpose, Design Professional this includes the receipt of a certificate of occupancy, either temporary or Construction Manager will inspect permanent.
4.8.2. When the Design- Builder considers that the Work, or such a designated portion thereofthereof that the Owner in its sole discretion agrees to accept separately, is Substantially Complete and prepare and give to Contractor a comprehensive list of items, if any, only minor items need to be completed or corrected before establishing Substantial Completion. Contractor corrected, the Design- Builder shall promptly proceed prepare a list of such items (also referred to as a punchlist) and submit the same to the Owner, meanwhile proceeding to complete and correct items on the listthose items. Failure to include an item any incomplete or uncorrected items on such list does not alter the responsibility of Contractor the Design-Builder to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether The Owner, after receipt of the Design-Builder's list, shall inspect the Work and add to the list any other items of incomplete or uncorrected Work which such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on may disclose and the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, Design-Builder shall complete or correct such itemitems upon notification by the Owner. Contractor The Design-Builder shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City and if, on the basis of such inspection, the Owner determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's formfor Owner’s review and, which when signed by City if acceptable to Owner, its approval. Said Certificate shall establish the date of Substantial Completion Completion, shall establish responsibilities of the Design-Builder and the responsibilities of City and Contractor Owner for security, maintenance, heat, utilities, insurance, completion damage to the Work and insurance and shall fix the time within which the Design-Builder shall finish all items on the list accompanying the Certificate.
4.8.3. No Certificate of minor items and correction or repair Substantial Completion shall be issued in which the time allowed for Design-Builder for Final Completion of the Work or such designated portion thereofis more than sixty (60) days.
4.8.4. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Upon Substantial Completion of the Work Work, or such designated portion thereof, and upon application by the Design- Builder, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. The Guarantee To Repair Period for systems Provided, however, such payment shall not be made until Design-Builder has provided the following, all of which become fully operational or Accepted subsequent to Substantial Completion will begin on shall be dated as of delivery and signed by the later Design- Builder:
.1 All required certificates of occupancy.
.2 An approval of the date they are operational or Acceptance entire electrical system by the New York Board of Fire Underwriters.
.3 The record documents specified in Paragraph 3.12.
.4 Operating Manuals for all mechanical and electrical systems, including parts lists, maintenance schedules, etc.
.5 Attendance lists for instruction sessions provided by the Design-Builder to Owner's personnel to demonstrate the proper use, operation and maintenance of all major equipment and systems.
.6 Complete valve charts for all mechanical systems.
.7 All keys and other devices usual and necessary for the operation of the Project building and its systems.
.8 All other documents, products, catalogs and instructions required by Citythe Contract Documents.
Appears in 1 contract
Sources: Owner Design Builder Agreement
Substantial Completion.
9.7.1 When Contractor gives notice to City District that the Work, or portion thereof designated by City District for separate delivery, is Substantially Complete, unless City District determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager District will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City District will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If CityDistrict's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City District to determine Substantial Completion.
9.7.2 When City District determines that the Work or such designated portion thereof is Substantially Complete, City District will prepare a Certificate of Substantial Completion on CityDistrict's form, which when signed by City District shall establish the date of Substantial Completion and the responsibilities of City District and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by CityDistrict, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To to Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by CityDistrict.
Appears in 1 contract
Sources: Construction Contract
Substantial Completion. 4.3.1 Substantial Completion shall be for the entire Project unless a partial Substantial Completion is identified in the approved GMP schedule and stated in the Notice to Proceed letter. Substantial Completion shall be in accordance with its definition in Article 1 and with the criteria set forth in the Notice to Proceed.
9.7.1 When Contractor gives notice 4.3.2 Prior to notifying the City that in accordance with section 4.3.3 below, the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will Design-Builder shall inspect the Work, or such designated portion thereof, construction and prepare and give submit to Contractor the City a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. Contractor The Design-Builder shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor the Design-Builder to complete all Work construction in accordance with the Contract Construction Documents. .
4.3.3 Design-Builder shall notify City will then make when it believes the construction, or a further inspection to determine whether portion of the Work or such designated portion thereof construction, is Substantially Complete. If substantially complete.
4.3.4 Within five Days of City's inspection discloses any itemreceipt of Design-Builder's notice, whether or not included on City and Design-Builder will jointly inspect such construction to verify that it is substantially complete in accordance with the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance requirements of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial CompletionConstruction Documents.
9.7.2 When City determines that the Work or 4.3.5 If such designated portion thereof construction is Substantially Completesubstantially complete, City will shall prepare and issue a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work that will set forth (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on i) the date of Substantial Completion of the Work construction or such designated portion thereof. The Guarantee To Repair Period , (ii) the remaining items of construction that have to be completed within thirty Days before Final Acceptance, (iii) provisions (to the extent not already provided in the Contract Documents) establishing City’s and Design-Builder’s responsibility for systems the Project’s security, maintenance, utilities and insurance pending Final Acceptance, and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion.
4.3.6 City, at its option, may use a portion of the construction which become fully operational or Accepted subsequent has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of construction addressing the items set forth in section 4.3.5 above, (ii) Design-Builder and City have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) City and Design-Builder agree that City’s use or occupancy will begin on the later not interfere with Design-Builder’s completion of the date they are operational or Acceptance of the Project by Cityremaining construction.
Appears in 1 contract
Sources: Design Build Services Agreement
Substantial Completion. 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use.
9.7.1 When Contractor gives notice to City 9.8.2 Unless otherwise provided in the Contract Documents, when the Construction Manager considers that the Work, or a portion thereof designated by City for separate deliverywhich the Owner agrees to accept separately, is Substantially Completesubstantially complete, unless City determines that the Construction Manager shall thoroughly inspect the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give submit to Contractor the Design Professional a comprehensive list of items, if any, items to be completed or corrected before establishing corrected, Construction Manager’s Notice of Substantial Completion, and a written request for Design Professional’s review of the Work. Contractor The Construction Manager shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor the Construction Manager to complete all Work in accordance with the Contract Documents. City Upon approval of Substantial Completion by Brazos County, Construction Manager has thirty
9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Construction Manager’s Notice of Substantial Completion and the Construction Manager’s list, the Design Professional and Owner will then make a further inspection inspections to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If Citythe Design Professional's inspection discloses and Owner’s inspections disclose any item, whether or not included on the Construction Manager's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contract Documents, Contractor the Construction Manager shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Design Professional. Contractor In such case, the Construction Manager shall then submit another Construction Manager’s Notice of Substantial Completion and a request for another inspection by City the Design Professional and Owner to determine Substantial Completion.
9.7.2 9.8.4 When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Design Professional will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the Completion, shall establish responsibilities of City the Owner and Contractor Construction Manager for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Construction Manager shall finish all items and correction or repair of on the Work or such designated portion thereoflist accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Construction Manager for their written acceptance or responsibilities assigned to them in such Certificate.
9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Construction Manager for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.Such
Appears in 1 contract
Substantial Completion.
9.7.1 When Contractor gives notice to City that 9.8.1 Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional in accordance with the Contract Documents so the Owner can occupy or Construction Manager will inspect utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the Contractor shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Architect will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If Citythe Architect's inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contract Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. The Contractor shall then submit a request for another inspection by City the Architect to determine Substantial Completion.
9.7.2 . When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the Completion, shall establish responsibilities of City the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Contractor shall finish all items and correction or repair of on the Work or such designated portion thereoflist accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such designated portion thereofthereof unless otherwise provided in the Certificate of Substantial Completion. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Certificate of Substantial Completion will begin on shall be submitted to the later Owner and Contractor for their written acceptance of the date they are operational or Acceptance of the Project by Cityresponsibilities assigned to them in such Certificate.
Appears in 1 contract
Sources: Construction Contract (Digex Inc/De)
Substantial Completion.
9.7.1 When the Contractor gives notice to City considers that the Work, or a portion thereof designated by City for separate deliverythereof, which the Owner agrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Contractor shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionand corrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such the list does not alter relieve the Contractor of the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Architect will then make a further inspection to an inspection, and with the approval of the Owner, determine whether the Work Work, or such designated portion thereof thereof, is Substantially Complete. If Citythe Architect's inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contact Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. The Contractor shall then submit a may request for another inspection additional inspections by City the Architect as may be reasonable to determine when Substantial Completion.
9.7.2 Completion has been achieved. When City determines that the Work or such designated portion thereof thereof, is Substantially Complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the shall establish responsibilities of City the Owner and Contractor for securityfor: Security Maintenance Water, maintenancesewer, heat, utilities, insurance, completion electric and other utilities Damages to the Work; and Insurance Responsibilities The Certificate shall also establish the time within which the Contractor shall finish all items on the list of minor items and correction incomplete Work or repair corrections otherwise necessary to meet the requirements of the Work Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion, or such designated portion thereof. Unless , unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the . The Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Completion shall commence on be submitted to the date Owner and Contractor for their written acceptance of responsibilities assigned to each. Upon Substantial Completion of the Work Work, or such designated portion thereof. The Guarantee To Repair Period , and upon application by the Contractor, certification by the Architect, and approval by the Owner, the Owner shall make payment, reflecting adjustment in retainage, if any, for systems which become fully operational such Work or Accepted subsequent to Substantial Completion will begin on portion thereof as provided in the later of the date they are operational or Acceptance of the Project by CityContract Documents.
Appears in 1 contract
Sources: Construction Contract
Substantial Completion.
9.7.1 When Contractor gives notice 10.6.1 The Construction Manager shall notify the Owner and, if directed, the Design Professional when it considers Substantial Completion of the Work or a designated portion to City that have been achieved. The Owner, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion can be occupied or used for its intended use by the Owner without excessive interference in completing any remaining unfinished Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City . If the Owner determines that the Work or designated portion thereof is has not sufficiently complete to warrant an inspection to determine reached Substantial Completion, the Owner, with the assistance of its Design Professional or Construction Manager will inspect the WorkProfessional, or such designated portion thereof, and prepare and give to Contractor shall promptly compile a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionso the Owner may occupy or use the Work or designated portion for its intended use. Contractor The Construction Manager shall promptly proceed to complete and correct all items on the list. Failure to include an item on such list does not alter the responsibility .
10.6.2 When Substantial Completion of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such a designated portion thereof is Substantially Complete. If City's inspection discloses any itemachieved, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor Construction Manager shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish establishing the date of Substantial Completion and the respective responsibilities of City the Owner and Contractor Construction Manager for interim items such as security, maintenance, heat, utilities, insurance, and damage to the Work, and fixing the time for completion of minor all items and correction or repair on the list accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by the Work or such designated portion thereof. Construction Manager to the Owner and, if directed, to the Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial Completion.
10.6.3 Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such a designated portion thereofportion.
10.6.4 Upon the Owner’s written acceptance of the Certificate of Substantial Completion, the Owner shall pay to the Construction Manager the remaining retainage held by the Owner for the Work described in the Certificate of Substantial Completion less a sum equal to two hundred percent (200%) of the estimated cost of completing or correcting remaining items on that part of the Work, as agreed to by the Owner and Construction Manager as necessary to achieve Final Completion. Uncompleted items shall be completed by the Construction Manager in a mutually agreed upon timeframe. The Guarantee To Repair Period Owner shall pay the Construction Manager monthly the amount retained for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by Cityunfinished items as each item is completed.
Appears in 1 contract
Sources: Construction Manager Agreement
Substantial Completion.
9.7.1 30.1.1 When the Contractor gives notice to City considers that the Work, Work or a portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines the Contractor shall request an inspection of said Work in writing to the Construction Administrator. The request shall certify that the Contractor has completed its own inspection prior to the request and that the Contractor is compliant with all requirements of Section 01 77 00 of the General Requirements. The request must also include a statement that a principal or senior executive of the Contractor is ready, willing and able to attend a walk through inspection with the Architect or Engineer.
30.1.2 Upon receipt of the request, the Architect or Engineer, Construction Administrator and Owner, will make an inspection to determine if the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. A principal or senior executive of the Contractor shall accompany the Architect or Engineer during each inspection/re-inspection. If City's the inspection discloses any item, whether or not included on the inspection list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contract Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. .
30.1.3 The Contractor shall then submit a request for another inspection. The determination of Substantial Completion is solely within the discretion of the Owner. Any costs for re-inspection beyond one, shall be at the expense of the Contractor and such costs will be recovered by City to determine Substantial Completion.
9.7.2 issuance of a credit Change Order. When City determines that the Work or such designated portion thereof is determined to be Substantially Complete, City the Contractor will prepare be provided a Certificate of Substantial Completion on City's form, which when signed by City from the Owner. The Certificate of Substantial Completion shall establish the date of Substantial Completion and when the responsibilities of City and the Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance, completion of minor are transferred to the Owner and shall fix the time within which the Contractor shall finish all items on the inspection list accompanying the Certificate. If the punch list is not complete in 90 Days, the Owner reserves the right to complete the outstanding punch list items with their own forces or by awarding separate contracts and correction or repair of to deduct the Work or such designated portion thereof. Unless otherwise provided in cost thereof from the amounts remaining due to the Contractor.
30.1.4 The Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Completion shall be signed by the Certificate of Substantial CompletionConstruction Administrator, excluding any systems provided by Separate Contractors which are not yet fully operational Owner, and Architect or accepted by City, shall commence on the date of Engineer. Upon Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period thereof and upon application by the Contractor and certification by the Construction Administrator and Architect or Engineer, the Owner shall make payment reflecting adjustment in Retainage, if any, for systems which become fully operational such Work or Accepted subsequent to Substantial Completion will begin on portion thereof as provided in the later of the date they are operational or Acceptance of the Project by CityContract Documents.
Appears in 1 contract
Sources: Subcontract Agreement
Substantial Completion.
9.7.1 When Contractor gives notice to City that 9.8.1 Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional in accordance with the Contract Documents so the Owner can occupy or Construction Manager will inspect utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Development Manager shall jointly prepare and give submit to Contractor the Architect and Owner a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. The Contractor shall promptly proceed promptly, to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Architect and Owner, assisted by the Development Manager, will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If Citythe Architect's inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contract Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. The Contractor shall then submit a request for another inspection by City the Architect and Owner, assisted by the Development Manager, to determine Substantial Completion.
9.7.2 . When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish assist in the determination of the date of Substantial Completion and the Completion, shall establish responsibilities of City the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Contractor shall finish all items and correction or repair of on the Work or such designated portion thereoflist accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such designated portion thereofthereof unless otherwise provided in the Certificate of Substantial Completion. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate.
9.8.2.1 Upon receipt of the Contractor's list of items to be completed or corrected, the Development Manager and Architect will begin promptly make a thorough review and prepare a "punch list," setting forth in accurate detail any items on the later Contractor's list and additional items that are not acceptable.
9.8.2.2 When the "punch list" has been prepared, the Development Manager and Architect, if requested, will meet with the Contractor and any Subcontractor to identify and explain all "punch list" items and answer questions on the work which must be done before final acceptance.
9.8.2.3 If the Contractor gives notice that a major subcontractor has completed his "punch list" items, the Development Manager and Architect will review that portion of the date they work and, if the items are operational or Acceptance found to be satisfactorily completed, advise the Contractor accordingly.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor, and certification by the Development Manager and Architect, and acceptance by the Owner, all lenders for the Project by Cityand applicable governmental authorities, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents.
Appears in 1 contract
Substantial Completion. There will be two Substantial Completion dates as part of this project.
9.7.1 When Contractor gives notice to City that a. All Work affecting the Workoperability of the Project, or portion thereof designated by City for separate deliverysafety has been completed in accordance with the Contract Documents;
b. If applicable, is Substantially Completeall Pre-commissioning activities, unless City determines that including alignment, balancing, lubrication and first-fill, have been completed;
c. The Work may be operated within manufacturers' recommended limits, in compliance with Applicable Laws, and without damage to the Work or designated portion thereof is not sufficiently complete to warrant an inspection the Project;
d. Design/Builder has corrected all defects, deficiencies and/or discrepancies to determine the entire Work as identified by RPR and RPR confirms such corrections have been made in writing;
e. When Design/Builder believes it has achieved Substantial Completion, Design Professional or Construction Manager will inspect Design/Builder shall request an inspection by the Work, or such designated portion thereofVillage and the RPR, and prepare shall provide the Village with evidence supporting its assessment of Substantial Completion, including any specific documents or information requested by the Village to assist in its evaluation thereof. Design/Builder shall, prior to said inspection, develop its preliminary Punch List for input and give comment by the Village and the RPR. Once the preliminary Punch List is submitted to Contractor the Village and RPR, the Village and its representatives shall then schedule a comprehensive walk-through of the Project with Design/Builder and the Consultant. Following the walk-through, Design/Builder shall develop and provide Village with the list of items, if any, all remaining items of Work to be completed or corrected before establishing corrected, and which incorporates items and comments identified or provided by the Village and RPR comments and is d certified for completeness and accuracy by the Consultant ("Substantial Completion. Contractor shall promptly proceed Completion Punch List"), provided, however, that failure to complete and correct include any items on the list. Failure to include an item on such list Substantial Completion Punch List does not alter the responsibility of Contractor the Design/Builder to complete all Work in accordance with the Contract Documents. City will then make ; and
f. With respect to any Project for which a further inspection to determine whether right-of-way permit is required from the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any itemVillage’s Public Works Department, whether or not included on the listincluding this Project, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor in no event shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's formoccur prior to the final lift of asphalt and acceptance thereof by the agencies having jurisdiction (including, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completionwithout limitation, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1Village's Public Works Department), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.
Appears in 1 contract
Sources: Design Build Contract
Substantial Completion.
9.7.1 When Contractor gives notice to City District that the Work, or portion thereof designated by City District for separate delivery, is Substantially Complete, unless City District determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager District will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City District will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If CityDistrict's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City District to determine Substantial Completion.
9.7.2 When City District determines that the Work or such designated portion thereof is Substantially Complete, City District will prepare a Certificate of Substantial Completion on CityDistrict's form, which when signed by City District shall establish the date of Substantial Completion and the responsibilities of City District and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by CityDistrict, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by CityDistrict.
Appears in 1 contract
Sources: Standard Construction Contract
Substantial Completion.
9.7.1 When Contractor gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that CM/GC considers the Work or designated portion portions thereof to be substantially complete and ready for beneficial occupancy, provide written notice to the City and A/E that the Work is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereofready for inspection, and prepare and give to Contractor for the City a comprehensive list of items, if any, to be completed incomplete or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete unsatisfactory items and correct items on the lista schedule for their completion. Failure to include an item on such list does not alter the responsibility of Contractor the CM/GC to complete all Work in accordance with the Contract Documents. Before providing written notice to the A/E, the City will then make a further inspection to determine whether and the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before CityOwner’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines Representative that the Work is ready for inspection, the CM/GC shall obtain all certificates of occupancy that may be required prior to occupancy, and any specialty certificates from the Trade Contractors or such designated portion thereof is Substantially Completeany other approvals and acceptance required by the Federal or State Government or other authority or governmental agency having jurisdiction, City will prepare unless unable to do so as a result of design deficiencies. Within ten (10) days of receipt of the CM/GC’s request for inspection, the A/E shall commence the Substantial Completion inspection and complete it expeditiously. Should the A/E find the work to be satisfactory, the A/E shall issue a Certificate of Substantial Completion on City's form, which when signed by along with a Punch list of incomplete and/or incorrect work items.
2.14.1 The City shall establish have the date right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the scheduled time for completing the entire Work or such portions of the Work may have not, yet, expired and providing that such actions of the City do not delay the overall
2.14.2 In the absence of a Certificate of Substantial Completion and issued by the responsibilities of City and Contractor for securityCity, maintenance, heat, utilities, insurance, completion of minor items and correction or repair no portion of the Work or such designated portion thereof. Unless otherwise shall be subject to the activation of CM/GC's bonded one (1) year guaranty on workmanship and materials, as provided in Paragraph 2.17 hereafter, despite the Certificate of Substantial Completionfact that the building may be partially utilized. Where me- chanical equipment is used prior to final inspection, the Guarantee To Repair Period for City shall perform routine maintenance and furnish those supplies that normally wear out in use, such as seals, packing, lubricants, etc. However, any major failure or breakdown of e- quipment not attributable to lack of maintenance or improper use or abuse of the Work (which is defined in Article 12equipment by the City shall be made good by the CM/GC under the terms of the Contract Warranty, Section 12.2.1)manufacturers' warranties, bonds, or other such designated portion thereof covered by the Certificate instruments of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by Cityguaranty.
Appears in 1 contract
Sources: Construction Management/General Contracting Services
Substantial Completion.
9.7.1 9.6.1 When Contractor the Design-Build Entity gives notice to City the District’s Representative that the Work, or portion thereof designated by City for separate delivery, Construction Work is Substantially Completesubstantially complete, unless City the District’s Representative determines that the Construction Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager the District’s Representative will inspect the Construction Work, or such designated portion thereof, and prepare and give to Contractor the Design-Build Entity a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor The Design-Build Entity shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor the Design-Build Entity to complete all Construction Work in accordance with the Contract Documents. City The District’s Representative will then make a further an inspection to determine whether the Construction Work or such designated portion thereof is Substantially Completesubstantially complete. If Citythe District’s Representative's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor the Design-Build Entity shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor The Design-Build Entity shall then submit a request for another inspection by City the District’s Representative to determine Substantial Completion. Costs for additional inspection by the District’s Representative shall be deducted from any monies due and payable to the Design-Build Entity.
9.7.2 9.6.2 When City the District’s Representative determines that the Construction Work or such designated portion thereof is Substantially Completesubstantially complete, City the Design-Build Entity will prepare and submit a Certificate of Substantial Completion on City's formto the District, which which, when signed by City the District, shall establish the date Date of Substantial Completion and the responsibilities of City the District and Contractor the Design-Build Entity for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of damage to the Work or such designated portion thereofConstruction Work. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof work on the Project covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date Date of Substantial Completion of the Construction Work except that Substantial Completion shall not commence the Guarantee to Repair Period for any equipment or such designated systems that:
9.6.2.1 Are not fully operational (equipment or systems shall not be considered fully operational if they are intended to provide service to any portion thereof. of the building which the District has neither Beneficially Occupied nor accepted as Substantially Complete); or
9.6.2.2 Are not accepted by the District.
9.6.3 The Guarantee To Repair Period for systems which become fully operational or Accepted and accepted subsequent to Substantial Completion will begin on the later Date of their acceptance by the date they are operational or Acceptance District. The Certificate of Substantial Completion shall be submitted to the Project by CityDistrict and the Design-Build Entity for their written acceptance.
Appears in 1 contract
Sources: Design Build Contract
Substantial Completion.
9.7.1 When the Contractor gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines considers that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine has reached Substantial Completion, Design Professional or Construction it shall submit a request to the Town’s Project Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor for a comprehensive list certificate of items, if any, to be completed or corrected before establishing Substantial Completion. Substantial Completion must occur not later than the date set forth in the applicable GMP Amendment, subject to modification by changes in the Contract Time according to Article 6 below. A prerequisite for Substantial Completion, over and above the extent of construction completion required, is receipt by the Town of acceptable documentation that Contractor has successfully tested and demonstrated all systems for their intended uses. The Town shall determine when the Project and the Contractor’s Work is substantially complete. The Substantial Completion date shall be confirmed by a Certificate of Substantial Completion signed by the Town and Contractor. The Certificate of Substantial Completion shall state the respective responsibilities of the Town and the Contractor for security, maintenance and damage to the work and insurance. The Certificate of Substantial Completion shall also include the Punch List as created by the Contractor and modified by the Project Designers in consultation with the Town and establish the time for completion and correction of all Punch List items. The Contractor shall proceed promptly proceed to complete and correct items on the listPunch List items. Failure to include an item on such list the Punch List does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection If the Town and the Contractor cannot agree as to determine whether the Work appropriate Substantial Completion date, such issue shall be submitted for dispute resolution in accordance with the procedures set forth in Article 13 below. Notwithstanding such disagreement, the Contractor shall diligently proceed with completion of the Punch List items. Warranties required by the Contract Documents shall commence on the Substantial Completion date or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by CityContract Documents.
Appears in 1 contract
Sources: Design Build Agreement
Substantial Completion.
9.7.1 When Contractor gives notice to City that Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of a specific Scope of Work when such Scope of Work or designated portion thereof is not sufficiently complete to warrant in accordance with the ESPC Documents so that the Customer can utilize such portion of the Work for its beneficial use. When ▇▇▇ considers that an inspection to determine Substantial Completionindividual Scope of Work is Substantially Complete, Design Professional or Construction Manager WES will inspect the Work, or such designated portion thereof, and prepare and give submit to Contractor the Customer a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionprior to final payment (the “Punch List”). Contractor shall promptly proceed to complete and correct items on Upon receipt of WES’s Punch List, the list. Failure to include an item on such list does not alter Customer will, within seven (7) days, inspect the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's the Customer’s inspection discloses any item, whether or not included on the listPunch List, which must be completed is not sufficiently complete in accordance with the ESPC Documents so that the Customer can utilize the Work or corrected before Substantial Completiondesignated portion thereof for its intended use, Contractor shall▇▇▇ will, before City’s issuance of the Certificate of Substantial Acceptance - Final Completion, complete or correct such itemitem upon notification by the Customer. Contractor shall In such case, ▇▇▇ will then submit a request for another inspection by City the Customer to determine Substantial Completion.
9.7.2 . When City determines that the Work or such designated portion thereof is Substantially Complete, City ▇▇▇ will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall will establish the date of Substantial Completion and the Completion, will establish responsibilities of City the Customer and Contractor ▇▇▇ for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and will fix the time within which ▇▇▇ will finish all items and correction or repair of on the Work or such designated portion thereofPunch List accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall ESPC Documents will commence on the date of Substantial Completion of the Scope of Work or such designated portion thereofthereof unless otherwise provided in the Certificate of Substantial Completion. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Certificate of Substantial Completion will begin on be submitted to the later Customer for their written acceptance of the date they are operational or Acceptance of the Project by Cityresponsibilities assigned to them in such Certificate.
Appears in 1 contract
Sources: Energy Savings Performance Contract