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menrs, or which OWNER, ENGINEER and CONTRAC-
<br />TOR agree constitutes a separately functioning and useable
<br />part of the Work that can be used by OWNER without sig-
<br />nificant interference with CONTRACTOR's performance of
<br />the remainder of the Work, may be accomplished prior to
<br />Substantial Completion of all the Work subject to the follow-
<br />lng:
<br />
<br /> 14.10.1. OVTNER at any time may request CON-
<br /> TRACTOR in wdtlng to permit OWNER to use any such
<br /> part of the Work which OWNER believes to be ready for
<br /> its intended use and substantially complete. If CON-
<br /> TRACTOR agrees, CONTRACTOR will certify to OWNER
<br /> and ENGINEER that said part of the Work is substantially
<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 CONTP,.ACTO R considers any such
<br /> part of the Work ready for its intended use and substan-
<br /> tially complete and request ENGINEER to issue a certif-
<br /> icate of Substantial Completion for that part of the Work.
<br /> Within a reasonable time after either 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 ENOINEER ~loes not consider that part of
<br /> the Work to be substantially complete, ENGINEER wiI[
<br /> notify OWNER and CONTRACTOR in writing giving the
<br /> reasons therefor. If ENGINEER considers that par~ 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 responsibility in respect thereof and access
<br /> thereto.
<br />
<br /> 14.10.2. OWNER may at any time request CON-
<br />TRACTOR in writing to permit O~,WNER 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 he
<br />sent to ENGINEER and within a reasonable time there-
<br />after OWNER, CONTPOkCTOR 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. It' CONTRACTOR does not object in writ-
<br />ing to OWNER and ENGINEER that such part of the
<br />Work is not ready for separate operation by OW'NER,
<br />ENGINEER will finalize the llst of items to be completed
<br />or corrected and wilI deliver such list to OWNEP~-and
<br />CONTRACTOR together with a written recommendation
<br />as to the d[vision of responslbflities pending final payment
<br />between OWNER and CONTRACTOR with respect to
<br />security, operation, safety, maintenance, utilities, insur-
<br />ance, warranties and guarantees for that part of the Work
<br />which will become binding upon OWNER and CON-
<br />TRACTOR at the time when OWIqER takes over such
<br />opcrat{on (unless they shall have otherwise agreed in writ-
<br />ing and so informed ENGINEER). During such opcration
<br />and prior to Substantial Completion of such part of the
<br />Work, OWNER shah allow CONTRACTOR reasonable
<br />access to complete or correct items on said llst and to
<br />complete other related Work.
<br />
<br /> 14.10.3. NO occupancy or separate operat[on of part
<br />of the Work will be accomplished prior to compllaoc*, with
<br />thc requirem~nta of paragraph 5.15 in respect of property
<br />insurance.
<br />
<br />Final Inspection:
<br />
<br /> 14.1 I. 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 O~,WNER and CON-
<br />TRACTOR and will notify CONTRACTOR in writing of ail
<br />particulars in which this inspection reveals that the Work is
<br />incomplete or defective. CONTRACTOR shall immediately
<br />take such measures as ar~ necessary to remedy such defi-
<br />ciencies.
<br />
<br /> Final Application for Payment:
<br />
<br />.14.12. After CONTRACTOR has completed all such cor-
<br />rections to l,he satisfaction of ENGINEER and delivered all
<br />maintenance and 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~ail 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 fgr 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 complete and legally
<br />effective releases or waivers (satisfactory to OWNER) of all
<br />Liens arising out of or flied in connection with the Work: In
<br />lieu thereof and as approved by OWNER, CONTRACTOR
<br />may furnish receipts or releases in full; an affidavit of CON-
<br />TRACTOR that the releases and receipts include all' 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 />OWN ER or OWNER'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 />
<br />Final Payment and Acceptance:
<br />
<br /> 14.13. If, on the basis of. ENGINEER's observation of
<br />the Work during construction and final inspection, and
<br />ENGINEER's review of the final Application for Payment
<br />and accompanying documentation--ail as reqalred by thc
<br />Contract Documents, ENGINEER is satisfied that thc Work
<br />has bccn completed and CONTRACTOR's other obligations
<br />under the Contract Documents have been fulfilled, ENGI-
<br />NEER will, within ten days after receipt of thc final Appli-
<br />cation for Payment, indicate in writing ENGINEER's rec-
<br />ommcndatlon of payment and present the Application to
<br />OWNER for payment. Thcreopon ENGINEER will glvc
<br />written noticc to OWNER and CONTRACTOR that the Work
<br />is acceptable subject to thc provisions of paragraph [4.16.
<br />
<br />
<br />
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