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ments, or which OWNER, ENGINE~ER 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 />ing: <br /> <br /> 14.10. I. OWNER at any time may request CON- <br /> TPokCTOR in writing 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 a~ees, CONTRACTOR will certify to OWN ER <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 CONTRACTOR 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 /> Withina 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 ENGINEER does not consider that part of <br /> the Work to be substantially 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 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 OW'NER 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 />seat to ENGINEER and within a reasonable time there- <br />after OWNER, CONTRACTOR and ENGINEER shall <br />make an inspect/on 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 operation by OWNER, <br />ENGINEER will finalize thc list of items to be completed <br />or corrected and will deliver such list to OWNER-and <br />CONTRACTOR together with a written recommendat/on <br />as to the division of responsibilities 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 thc 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 informed ENGINEER). During such operation <br />and prior to Substant[al Completion of such part of the <br />Work, OWNER shall 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 operation of part <br />of the Work will be accomplished prior to con..liar, ce with <br />the requirements of paragraph 5.15 in respect of property <br />insurance. <br /> <br />· Final Inspection: <br /> <br /> 14. I 1. Upon written notice from CONTRACTORthat the <br /> entire Work or an agreed portion thereof is complete, ENGI- <br /> NEER will make a final inspection with OWNER and CON- <br /> TRACTOR and wil[ notify CONTRACTOR in writing of all <br /> particulars 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 /> <br />Final Application for Payment: <br /> <br />14.12. After CONTRACTOR has oompleted all such cor- <br />rections to the satisfaction of ENGINEER and delivered all <br />maintenance and operating instimct/ons, 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 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 filed 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 />OWNER or OWNER's proporty might in any way be respon- <br />sible, have been paid or otherwise satisfied; and consent of <br />thc 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 indcmnlfy OX, VNER 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 documentatlon---all as required by the <br />Contract Documents, ENGINEER is satisfied that the Work <br />has been completed and CONTRACTOR's other obligations <br />under the Contract Documents have been fulfilled. ENGI- <br />NEER will, within ten days after receipt of the final Appli- <br />cation for Payment, indicate in writing ENGINEER's rec- <br />ommendation of payment and present the Application to <br />OWNER for payment. Thereupon ENGINEER will.give <br />written notice to OWlqER and CONTRACTOR that thc Work <br />is acceptable subject to the provisions of paragraph 14.16. <br /> <br />56 <br /> <br /> <br />