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Brown Road South
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420 Brown Road South - 03-117-23-42-0010
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83-735, SUBD
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Project Packet
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prepare and deliver to OWNER a tentative certificate of Sub- <br />stantial Completion which shall fix the crate if Substantial <br />Completion. (here ,hall be attached to the certificate a tenta- <br />tive list of items to be completed or corrected before final pay- <br />ment. OWNER shall have seven days after receipt of the ten- <br />tative certificate during which he may make written objection <br />to ENGINEER as to any provisions of the certificate or <br />attached list. If, after considering such objections. ENGI- <br />NEER concludes that the Work is not substantially complete, <br />ENGINEER will within fourteen days after submission of the <br />tentative certificate to OWNER notify CONTRACTOR in <br />writing, stating his reasons therefor. If, after consideration of <br />OWNER's objections, ENGINEER considers the Work suo- <br />stantially complete. ENGINEER will within said fourteen <br />days execute am deliver to OWNER and CONTRACTOR a <br />definitive certificate of Substantial Completion (with a revised <br />tentative list of items to be completed or corrected) reflecting <br />such changes from the tentative cert.f,cate as ne believes justi- <br />fied after consideration of any objections from OWNER. At <br />the time of delivery of the tentative certificate of Substantial <br />Completion ENGINEER will deliver to OWNER and CON- <br />TRACTOR a written recommendation as to division of re- <br />sponsibilities pending final payment between OWNER and <br />CONTRACTOR with respect to security, operation, vafety. <br />maintenance, heat, utilities and insurance Lriless OW'!tER <br />and CONTRACTOR agree otherwise in writing and so it, <br />form ENGINEER prior to his issuing the definitive certificate <br />of Substantial Completion ENGINEER's aforesaid recom- <br />mendation will be binding on OWNER and CONTRAS TOR <br />until final payment. <br />14.9. OWNER %hall have the right to exclude CON- <br />TRACTOR from the Work after the date of Substantia! Com <br />pletion. but OWNER shall allow CONTRACTOR reasonable <br />access to complete or correct items on the tentan%e list <br />Partial Utilization: <br />14.10. Use by OWNER of completed portions of :hc <br />Work may be accomplished prior to Substantial ( ompletion <br />of all the Work subject to the following <br />14.10.1. OWNER at any time may request CON- <br />TRACTOR in writing to permit OWNER to uw an% part <br />of the Work which OWNER believes to he substantially <br />.omplete and which may be so used wtihcut significant <br />interference with construction of the other parts of the <br />Work. If CONTRACTOR agrees. CONTRACTOR will <br />certify to OWNER and ENGINEER that said part of the <br />Work is substantially complete and request ENGINEER to <br />issue a certificate of Substantial Completion for that part <br />of the Work Within a reasonable time thereafter <br />OW! :ONTRACTOR and ENGINEER shall make <br />an rosy icon of that pan of the Work to determine its <br />status of completion. V ENGINEER dues not consider <br />that part of the Work to be %ub%tannall% :omplete, UN <br />GINEER will notih OWNER and CONTRA(. TOR in <br />writing giving his reasons therefor If ENGINEER :on <br />siier% that part of the Work to be substantially :omplete. <br />ENGINEER will execute and deliver to OWNFR and <br />CONTRACTOR a %ertifi,ate to that effect, fixing the date <br />of Substantial Completion as o that pert of .he Work. <br />attach'ng thereto a tentative list of items to be completed <br />or cortwed before final payment. Prior to issuing a certi- <br />ficate of Substantial Completion as to part of the Work <br />ENGINEER will deliver to OWNER and CONTRACTOR <br />a written recommendation as to the division of responsi- <br />bilities pending final payment between OWNER and CON- <br />TRACTOR with respect tc security, operation, safety, <br />maintenance. utilities and insurance for that part of the <br />Work which shall become binding upon OWNER and <br />CONTRACTOR at the time of issuing the definitive cer- <br />tificate of Substantial Completion as to that part of tr.e <br />Work unless OWNER and CONTRACTOR shall have <br />otherwise agreed in writing and so informed ENGINEER. <br />OWNER shall have the right to exclude CONTRACTOR <br />tram any part of the Work which ENGINEER has so certi- <br />fied to be substantially complete, but OWNER shall allow <br />CONTRACTOR reasonable access to complete or correct <br />items on the tentative list. <br />14 10.2. In lieu of the issuance of a certificate of Sub- <br />stantial Completion as to part of the Work. OWNER may <br />take over operation of a facility constituting part of the <br />Work whether or not it is substantially complete if such <br />faulity is functionally and separately useable: provided <br />that prior to am such takeover, OWNER and CONTRAC- <br />TOR have agreed as to the division of responsibilities <br />i:c-ween OWNER and CONTRACTOR for security, oper- <br />ation. sawT,. maintenance. correction period, heat. utili- <br />ties and insurance with respect to such tacilin <br />14 10.1 No oct.. fancy of part of the Work or taking <br />o%er of operations of a facility will be accomplished prior <br />to compliance with the requcements of p!ragraph 4 14 in <br />respect of property• insurance. <br />Frnai Inspection. <br />14 11 Upon written notice from CONTRACTOR that <br />the Work is :omplete. ENGINEER will make a final inspec- <br />tion with OWNER and CONTRACTOR and will notify <br />CONTRACTOR in writing of all particulars in which this in- <br />spection reveals that the Work is incomplete or defective. <br />CONTRACTOR shall immediately take such measures as are <br />nerr,san to remed% such deficirncle, <br />Frnai Appiic-a(mm Jor Pa vnrerrt <br />14 12. After CONTR \C--TOR has :ompleted all such cor- <br />rections to the satisfaction of ENGINEER and deli%ered all <br />maintenance and operating instructions. Schedules. guaran- <br />tees. &)nds. :criilt:.iteN ,it inspection, -marked-up record <br />documents and other d%xuments—all as required by the Con- <br />tract Documents, and after ENGINEER has indicated that the <br />Work is acceptable (sub)ect :o the provisions of paragraph <br />14 16). CONTRACTOR mas make applicatir Al pay <br />merit following the procedure for progress T',' <br />f tnal Application for Payment shall be acconi all <br />documentation :ailed for in the Contract Dc•cum n <br />other data and s:hedules as EN(.,INEFR mov ie^ <br />quire. together with :omplete and legallN :`fecti%r r <br />
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