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entire Work is substantially complete (except for items <br />specifically listed by CONTRACTOR as incomplete) <br />and request that ENGINEER issue a certificate of <br />Substantial Completion. Promptly thereafter, <br />OWNER, CONTRACTOR, and ENGINEER shall <br />make an inspection of the Work to determine the <br />status of completion. If ENGINEER does not consider <br />the Work substantially complete, ENGINEER will <br />notify CONTRACTOR in writing giving the reasons <br />therefore. If ENGINEER considers the Work <br />substantially GOMplete, ENGINEER wall <br />Gempietion ..hieh shall fix the date Gf Substa,ntal <br />Cnmpletien There shall be tothe eertiflsate_ <br />a tentative list of 'toms to be GgMpI + d OF } d <br />before -final payment. OWNER shall have seveR days <br />after r8Geint of the tentative r rt'firate dIJFiRgh' h + <br />mare wf'it en nhien+inn +o EMNIGInICCRas to <br />arcaviainnc of the-GeFtifiGate erattashed list If, aftef <br />GGRSideFiRg 616IGh objeGfilDRS, ENGINEER GGRG16ides <br />thAt the We* is net substantially Gemplete, <br />ENGINEER ,•;II within 14 da aft submissieR f the <br />IN! <br />in wr_iting_Stat'ng the Fea6en6 therefer. If, after <br />GensideFat*G ; ef-OWN€R's ebJestiens, €NGIN€€R <br />Gon6iders the Work substantially—GGMPIete, <br />ENGINEER will withiasaid 14 days exeGete and <br />deliver to OWNER and CONTRACTOR a definitive <br />Fefleet'n ,eh ahaRgeS fr the + } t' rt•f' + <br />as ENGINES,? believes justified after nons•d t' f <br />of the tentative Gert'f' + f C h to }•„ I G I t' <br />GR <br />ENGINEER ill deliveF to n\ArnIGn and GONTRAG <br />TOR ritten mme d_at' tn divisign f <br />re6no^sibiiities—Pending final payment betweea <br />OWNER and CONTRAGTOR with respeGt t9 seGUFity, <br />eperatien safety, and pretestion of the Work, <br />maintenance heat, utilities, a waFFaRties <br />and guarantee& Unless OWNER as <br />OONTRA'TOR agree etherwise Vrfiti„g and 69 <br />inform ENGInICCa pF <br />t CAIr`INICC�' <br />issuing the .definitive sert'fieato f C h t-+ +•al r I <br />+ie., ENGINEER's afere aird reGeMmendatiOR Well_ p`+, <br />iRt. <br />B. OWNER shall have the right to exclude <br />CONTRACTOR from the Site after the date of <br />Substantial Completion, but OWNER shall allow CON- <br />TRACTOR reasonable access to complete or correct <br />items on the tentative list. <br />14.05 Partial Utilization <br />A. Use by OWNER at OWNER's option of any <br />substantially completed part of the Work which has <br />specifically been identified in the Contract Documents, <br />or which OWNER, ENGINEER, and CONTRACTOR <br />agree constitutes a separately functioning and usable <br />part of the Work that can be used by OWNER for its <br />intended purpose without significant interference with <br />CONTRACTOR's performance of the remainder of <br />the Work, may be accomplished prior to Substantial <br />Completion of all the Work subject to the following <br />conditions. <br />1. OWNER at any time may request <br />CONTRACTOR in writing to permit OWNER to <br />use any such part of the Work which OWNER <br />believes to be ready for its intended use and <br />substantially complete. If CONTRACTOR <br />agrees that such part of the Work is <br />substantially complete, CONTRACTOR will <br />certify to OWNER and ENGINEER that such <br />part of the Work is substantially complete and <br />request ENGINEER to issue a certificate of <br />Substantial Completion for that part of the <br />Work. CONTRACTOR at any time may notify <br />OWNER and ENGINEER in writing that <br />CONTRACTOR considers any such part of the <br />Work ready for its intended use and substan- <br />tially complete and request ENGINEER to issue <br />a certificate of Substantial Completion for that <br />part of the Work. Within a reasonable time <br />after either such request, OWNER, <br />CONTRACTOR, and ENGINEER shall make <br />an inspection of that part of the Work to <br />determine its status of completion. If <br />ENGINEER does not consider that part of the <br />Work to be substantially complete, ENGINEER <br />will notify OWNER and CONTRACTOR in <br />writing giving the reasons therefor. If <br />ENGINEER considers that part of the Work to <br />be substantially complete, the provisions of <br />paragraph 14.04 will apply with respect to <br />certification of Substantial Completion of that <br />part of the Work and the division of <br />responsibility in respect thereof and access <br />thereto. <br />2. No occupancy or separate operation <br />of part of the Work may occur prior to <br />compliance with the requirements of paragraph <br />5.10 regarding property insurance. <br />14.06 Final Inspection <br />A. Upon written notice from CONTRACTOR that <br />the entire Work or an agreed portion thereof is <br />complete, ENGINEER will promptly make a final <br />inspection with OWNER and CONTRACTOR and will <br />notify CONTRACTOR in writing of all particulars in <br />which this inspection reveals that the Work is <br />incomplete or defective. CONTRACTOR shall <br />DIV 0 -4 -Conditions of the Contract <br />00700 - 40 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\2009 North County Library Addition\1-Admin\Bids\Bid Documents\DIV 0 -4 -Conditions of the Contract.doc <br />