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ments, or which OWNEF, ENGINEgR and CONTRAC- <br />TOR agree constitutes a separately functioning and useabic <br />part of the Work that can be used by OV1'NER witliout sig- <br />nificant interference with CONTRACTOR's performance of <br />the remainder of the Work, may be accomplishcd prior to <br />Substantial Completion of all the Work subject to the fol(ow- <br />ing: <br />14.10.1. OWNER at any time may request CON- <br />TRACTOR in writing to permit OWNER to use any such <br />part of the VYork which OWNER believes to be ready for <br />its intended use and substantially complete. If CON- <br />TRAC'TOR agrees, CONTRACTOR will certify to OWNER <br />and ENGINEER that said part of the Work is substantialiy <br />complete and request ENGINEER to issue a certificate of <br />Substantial Completion for that part of the Work. CON- <br />TRACTOR at any time may notify OWNER and ENGI- <br />NEER in writing that CONTRACTOR considers any such <br />part of the Work ready for its intended use and substan- <br />tial(y complete and request ENGINEER to issue a certif- <br />icate of Substantial Completion for that part of the Work. <br />Within a reasonable time aftereither such request, OWNER, <br />CONTRACTOR and ENGINEER shall make an inspec- <br />tion of that part of the Work to determine its status of <br />completion. If ENGINEER does not consider that part of <br />the Work to be substantia(ly complete, ENGINEER will <br />notify OWNER and CONTRACTOR in writing giving the <br />reasons therefor. If ENGINEER considers that part of the <br />Work to be substantially complete, the provisions of para- <br />graphs 14.8 and 14.9 will apply with respect to certification <br />of Substantial Completion of that part of the Work and the <br />division of responsibitity in respect thereof and access <br />thereto. <br />14.10.2. OWNER may at any time request CbN- <br />TRACTOR in wri[ing to permit OWNER to take over <br />operation of any such part of the Work although it is not <br />substantially complete. A copy of such request will be <br />sent to ENGINEER and within a reasonable time there- <br />after OWNER, CONTRACTOR and ENGINEER shall <br />make an inspection of that part of the Work to determine <br />its status of completion and will prepare a list of the items <br />remaining to be completed or corrected thereon before <br />final payment. If CONTRACTOR does not object in writ- <br />ing to OWNER and ENGINEER that such part of the <br />Work is not ready for separate oporation by OWNER, <br />ENGINEER witl finalize the list of items to be completed <br />or cocrected and will deliver such list to OWNER•and <br />CONTRACTOR together with a written recommendation <br />as to the division of responsibilities pending final payment <br />between OWNER and CONTRACTOR with respect to <br />secucity, operation, safety, maintenance, utilities, insur- <br />ance, warrar►ties and guarantees for that part of the Work <br />which will become binding upon OWNER and CON- <br />TRACTOR at the time when OWNER takes over such <br />operation (unless they shall have otherwise agreed in writ- <br />ing and so inCoRned ENGtNEER). During such operation <br />and prior to Substantia! Completion oC such part of thc <br />Work, OWNER shall allow CONTRACTOR reasonable <br />access to complete or correct items on said list and to <br />comp(ete other relatcd Work. <br />14.10.3. No occupancy or separate opcration of part <br />of thc \Vork will be accomplished prior to compliar,cc with <br />the rcquircmcnts of paragraph 5.15 in respcct oC propcc-ty <br />insurance. <br />Finatlnspec[ion: <br />14.11. Upon written notice from CONTRACTOR that the <br />entire Work or an agreed portion thereof is complete, ENGI- <br />NEER will make a final inspection with OWNER and CON- <br />TRACT'OR and will notify CONTRACTOR in writing of all <br />paRiculars in which this inspection reveals that the Work is <br />incomplete or defective. CONTRACTOR shall immediately <br />take such measures as are necessary to remedy such defi- <br />ciencies. <br />Final App[icalion jor Payment: <br />14.12. After CONTRACTOR has completed aIl such cor- <br />rections to the satisfaction of ENGINEER and delivered a(t <br />maintenance aod operating instructions, schedules, guaran- <br />tees, Bonds, certificates of inspection, marked-up record <br />documents (as provided in paragraph 6.19) and other docu- <br />ments-all as required by the Contract Documents, and after <br />ENGINEER has indicated that the Work is acceptable (sub- <br />ject to the provisions of paragraph 14.16), CONTRACTOR <br />may make application for final payment following the pro- <br />cedure for progress payments. The final Application for Pay- <br />ment shall be accompanied by all documentation called for <br />in the Contract Documents, together with comptete and legaliy <br />effective releases or waivers (satisfactory to OWNER) of all <br />Liens arising out of or filed in connection with the Work: In <br />lieu thereof and as approved by OWNER, CONTRACTOR <br />may furnish receipts or releases in fuU; an affidavit of CON- <br />TRACTOR that the reteases and receipts include atl labor, <br />services, material and equipment for which a Lien could be <br />filed, and that all payrolls, material and equipment bills, and <br />other indebtedness connected with the Work for which <br />OWNER or O WNER's property might in any way be respon- <br />sible, have been paid or otherwise satisfied; and consent of <br />the surety, if any, to final payment. If any Subcontractor or <br />Supplier fails to furnish a release or receipt in full. CON- <br />TRACTOR may furnish a Bond or other collateral satisfac- <br />tory to OWNER to indemnify OWNER against any Lien. <br />FiRa! Paymen[ and Accepcance: <br />14.13. If. on the basis of ENGINEER's observation of <br />the Work during constcuction and final inspection, and <br />ENGINEER's review of the fina( Application for Payment <br />and accompanying documentation-all as required by the <br />Contract Documents, ENGINEER is satisfied that the Work <br />has been eompleted and CONTRACT'OR's other obligations <br />under the Contract Documents have been fulfilted, ENG!- <br />NEER will, within ten days after receipt of the fina! Appli- <br />cation Cor Payment, indicate in wciting ENGINEER's rec- <br />ommendation of payment and present the Application to <br />OWNER for payment. Thereupon ENGINEER will give <br />written notice to OWNER and CONTRAGTOR that the Work <br />is acceptable subject to the provisions of paragraph 14.16. <br />56 <br />