Common use of USE OF COMPLETED PORTIONS Clause in Contracts

USE OF COMPLETED PORTIONS. 27.1 The City will inform the Contractor prior to the execution of this Agreement if any portion of the Project will be utilized prior to normal construction completion; however, the City shall have the right to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such possession and use delay the Project, the Contractor shall be entitled to a reasonable extension of time, as determined by the City. 27.2 In the event the City takes possession, the following shall occur: 27.2.1 The Project Manager shall give notice to the Contractor at least fifteen (15) calendar days in advance of intent to occupy a designated area. 27.2.2 The Contractor shall bring the designated area to the point of Substantial Completion. When the Contractor considers that the designated area of the Project is substantially complete, the Contractor shall notify the Project Manager in writing and shall prepare for submission to the Project Manager a list of items to be completed or corrected. The failure to include any items on this list does not alter the responsibility of the Contractor to complete work on the designated area in accordance with the Contract Documents. The Project Manager shall conduct an inspection to determine that the designated portion of the Project is substantially complete. The Project Manager and the Contractor shall agree on the time within which the Contractor shall complete the items listed. 27.2.3 Upon issuance of the Certificate of Substantial Completion, the City will assume full responsibility for maintenance, utilities, and subsequent damages of the City and public adjustment. The Contractor shall remain responsible for all items listed to be completed or corrected as submitted to the Project Manager, as required in the Substantial Completion process. 27.2.4 If the City finds it necessary to use a portion or portions of the Project prior to Substantial Completion thereof, such use shall not commence prior to a time mutually agreed upon by the Project Manager and the Contractor. This insurance shall not be canceled or lapsed on account of such partial use. Consent of the Contractor and of the insurance company or companies to such use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 27.1 The City will inform the Contractor prior to the execution of this Agreement if any portion of the Project will be utilized prior to normal construction completion; however, the City shall have the right right, at its sole option, to take possession of and use any completed or partially completed portions of the ProjectProject(s). Such possession and use shall not be deemed an acceptance or beneficial use or occupancy of any work of the Work not completed in accordance with the Contract Documents. If such possession and use delay increases the Projectcost of or delays the Work, the Contractor Design-Build Firm shall be entitled to a reasonable extra compensation, or reasonable extension of timetime or both, as determined by the City. 27.2 Project Manager. In the event the City takes possessionpossession of any completed or partially completed portions of the Project, the following shall occur: 27.2.1 The Project Manager : City shall give notice to the Contractor Design-Build Firm in writing at least fifteen thirty (1530) calendar days in advance prior to City's intended occupancy of intent to occupy a designated area. 27.2.2 The Contractor . Design-Build Firm shall bring the designated area complete to the point of Substantial Completion. When the Contractor considers that Completion the designated area of the Project is substantially complete, the Contractor shall notify the Project Manager in writing and shall prepare for submission to the Project Manager a list of items to be completed or corrected. The failure to include any items on this list does not alter the responsibility of the Contractor to complete work on the designated area in accordance with the Contract Documents. The Project Manager shall conduct an request inspection to determine that the designated portion of the Project is substantially complete. The Project Manager and the Contractor shall agree on the time within which the Contractor shall complete the items listed. 27.2.3 Upon issuance of the a Certificate of Substantial Completion from Project Manager. Upon Project Manager’s issuance of a Certificate of Substantial Completion, the City will assume full responsibility for maintenance, utilities, and subsequent damages of the City and public adjustmentpublic, adjustment of insurance coverage’s and start of warranty for the occupied area. The Contractor Design-Build Firm shall remain responsible for complete all items listed to be completed or corrected noted on the Certificate of Substantial Completion within the time specified by Project Manager on the Certificate of Substantial Completion, as submitted specified in the Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Project Manager shall issue a Certificate of Final Payment relative to the Project Manager, as required in the Substantial Completion process. 27.2.4 occupied area. If the City finds it necessary to occupy or use a portion or portions of the Project Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Design-Build Firm and to which the Project Manager and insurance company or companies providing the Contractorproperty insurance have consented by endorsement to the policy or policies. This insurance Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of the Contractor Design-Build Firm and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 27.1 The City will inform the Contractor prior to the execution completion of this Agreement negotiations if any portion of the Project will be utilized prior to normal construction completion; however. However, the City shall have the right to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such possession and use delay the Project, the Contractor shall be entitled to a reasonable extension of time, as determined by the City. 27.2 In the event the City takes possession, the following shall occur: 27.2.1 The Project Manager shall give notice to the Contractor at least fifteen (15) calendar days in advance of intent to occupy a designated area. 27.2.2 The Contractor shall bring the designated area to the point of Substantial Completion. When the Contractor considers that the designated area of the Project is substantially complete, the Contractor shall notify the Project Manager in writing and shall prepare for submission to the Project Manager a list of items to be completed or corrected. The failure to include any items on this such list does not alter the responsibility of the Contractor to complete work on the designated area in accordance with the Contract Documents. The Project Manager shall conduct an inspection to determine that the designated portion of the Project is substantially complete. The Project Manager and the Contractor shall agree on the time within which the Contractor shall complete the items listed. 27.2.3 Upon issuance of the Certificate of Substantial Completion, the City will assume full responsibility for maintenance, utilities, and subsequent damages of the City and public adjustment. The Contractor shall remain responsible for all items listed to be completed or corrected as submitted to the Project Manager, Manager as required in the Substantial Completion substantial completion process. 27.2.4 If the City finds it necessary to use a portion or portions of the Project prior to Substantial Completion thereof, such use shall not commence prior to a time mutually agreed upon by the Project Manager and the Contractor. This insurance shall not be canceled or lapsed on account of such partial use. Consent of the Contractor and of the insurance company or companies to such use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 27.1 The City will inform the Contractor prior to the execution of this Agreement if any portion of the Project will be utilized prior to normal construction completion; however, the City shall have the right right, at its sole option, to take possession of and use any completed or partially completed portions of the ProjectProject(s). Such possession and use shall not be deemed an acceptance or beneficial use or occupancy of any work of the Work not completed in accordance with the Contract Documents. If such possession and use delay increases the Projectcost of or delays the Work, the Contractor Design-Build Firm shall be entitled to a reasonable extra compensation, or reasonable extension of timetime or both, as determined by the City. 27.2 Project Manager. In the event the City takes possessionpossession of any completed or partially completed portions of the Project, the following shall occur: 27.2.1 The Project Manager :  City shall give notice to the Contractor Design-Build Firm in writing at least fifteen thirty (1530) calendar days in advance prior to City's intended occupancy of intent to occupy a designated area. 27.2.2 The Contractor .  Design-Build Firm shall bring the designated area complete to the point of Substantial Completion. When the Contractor considers that Completion the designated area of the Project is substantially complete, the Contractor shall notify the Project Manager in writing and shall prepare for submission to the Project Manager a list of items to be completed or corrected. The failure to include any items on this list does not alter the responsibility of the Contractor to complete work on the designated area in accordance with the Contract Documents. The Project Manager shall conduct an request inspection to determine that the designated portion of the Project is substantially complete. The Project Manager and the Contractor shall agree on the time within which the Contractor shall complete the items listed. 27.2.3 Upon issuance of the a Certificate of Substantial Completion from Project Manager.  Upon Project Manager’s issuance of a Certificate of Substantial Completion, the City will assume full responsibility for maintenance, utilities, and subsequent damages of the City and public adjustmentpublic, adjustment of insurance coverage’s and start of warranty for the occupied area. The Contractor  Design-Build Firm shall remain responsible for complete all items listed to be completed or corrected noted on the Certificate of Substantial Completion within the time specified by Project Manager on the Certificate of Substantial Completion, as submitted specified in the Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Project Manager shall issue a Certificate of Final Payment relative to the Project Manager, as required in the Substantial Completion process. 27.2.4 occupied area.  If the City finds it necessary to occupy or use a portion or portions of the Project Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Design-Build Firm and to which the Project Manager and insurance company or companies providing the Contractorproperty insurance have consented by endorsement to the policy or policies. This insurance Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of the Contractor Design-Build Firm and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 27.1 The City will inform the Contractor prior to the execution completion of this Agreement negotiations if any portion of the Project will be utilized prior to normal construction completion; however. However, the City shall have the right to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such possession and use delay the Project, the Contractor shall be entitled to a reasonable extension of time, as determined by the City. 27.2 In the event the City takes possession, the following shall occur: 27.2.1 The Project Manager shall give notice to the Contractor at least fifteen (15) calendar days in advance of intent to occupy a designated area. 27.2.2 The Contractor shall bring the designated area to the point of Substantial Completion. When the Contractor considers that the designated area of the Project is substantially complete, the Contractor shall notify the Project Manager in writing and shall prepare for submission to the Project Manager a list of items to be completed or corrected. The failure to include any items on this list does not alter the responsibility of the Contractor to complete work on the designated area in accordance with the Contract Documents. The Project Manager shall conduct an inspection to determine that the designated portion of the Project is substantially complete. The Project Manager and the Contractor shall agree on the time within which the Contractor shall complete the items listed. 27.2.3 Upon issuance of the Certificate of Substantial Completion, the City will assume full responsibility for maintenance, utilities, and subsequent damages of the City and public adjustment. The Contractor shall remain responsible for all items listed to be completed or corrected as submitted to the Project Manager, Manager as required in the Substantial Completion substantial completion process. 27.2.4 If the City finds it necessary to use a portion or portions of the Project prior to Substantial Completion thereof, such use shall not commence prior to a time mutually agreed upon by the Project Manager and the Contractor. This insurance shall not be canceled or lapsed on account of such partial use. Consent of the Contractor and of the insurance company or companies to such use shall not be unreasonably withheld.