Common use of Conditions of Substantial Completion Clause in Contracts

Conditions of Substantial Completion. Substantial Completion shall have been deemed achieved when each of the following conditions have occurred. (a) the Work is substantially complete and the Project is ready for Operational Readiness Testing; (b) a Certificate of Dynamic Testing Readiness has been executed pursuant to Section 17.3.2; (c) Contractor has delivered and installed all Equipment and Materials required for commencing operations, and all such Equipment and Materials have passed all testing, inspections and safety certifications required under the System Acceptance Plan and the Contract Documents; (d) Contractor has received all applicable Regulatory Approvals which Contractor is obligated under the Contract Documents to obtain for use and operation of the Project; (e) Contractor has successfully completed all of the inspections and tests defined in the System Acceptance Plan, including the System Performance Demonstration Tests, and has demonstrated that the requirements of the Contract Documents for operation of the Project have been met; (f) Owner has received, in acceptable form, all documentation, including as- built information, required to be submitted prior to Substantial Completion in the System Acceptance Plan; (g) Contractor has purchased and delivered to Owner (as directed by Owner), free and clear of Liens, spare parts, spare Equipment and Materials, special tools, materials, expendables and consumables in accordance with the Contract Documents; (h) Contractor has completed all training of personnel in accordance with the Contract Documents; (i) All Defects that materially adversely impact the operation of the Project have been corrected; (j) Contractor has completed preparation of all Punch Lists and has prepared a schedule for the completion of all Punch List items that is acceptable to Owner; (k) Contractor has submitted, in acceptable form, all of the required operations and maintenance plans, procedures, rules, schedules and manuals required by the Contract Documents; (l) Contractor has delivered to Owner copies of Contractor’s final Systems Safety/Security Certification Report and Certificate, as defined by Contractor’s System Safety/Security Certification Management Plan (the format of the System Safety/Security Certification Report and Certificate shall be developed and agreed upon by Owner and Contractor at a reasonable time prior to the expected date of Substantial Completion); and (m) All Liquidated Damages due under the Contract have been paid or otherwise satisfied, or Contractor has delivered to Owner a letter of credit for Liquidated Damages in dispute in accordance with Section 26.1.3.

Conditions of Substantial Completion. In addition to Substantial Completion shall have been deemed achieved when each requirements of the DES General Conditions, the Contractor must submit the following conditions have occurred.with its request for a determination of Substantial Completion: (a) the a. The Work is substantially complete complete, and the Project is ready for Operational Readiness Testing;operational readiness testing (b) a Certificate of Dynamic Testing Readiness has been executed pursuant to Section 17.3.2; (c) b. Contractor has delivered and installed all Equipment equipment and Materials materials required for commencing operations, and all such Equipment equipment and Materials equipment have passed all testing, inspections inspection and safety certifications certificates required under the System Acceptance Plan and the Contract Documents; (d) c. Contractor has received all applicable Regulatory Approvals Approval which Contractor is obligated under the Contract Documents to obtain for use and operation of the Project; (e) d. Contractor has successfully completed all of the inspections and tests defined in the System Acceptance Plan, including the System Performance Demonstration Tests, test and has demonstrated that the requirements of the Contract Documents for operation of the Project Document have been met; (f) Owner e. Arlington County / County Representative has received, in acceptable form, all documentation, including as- as-built information, required to be submitted prior to Substantial Completion in the System Acceptance Plan; (g) f. Contractor has purchased and delivered to Owner (as directed by Owner), the County for delivery to WMATA free and clear of Liensliens, spare parts, spare Equipment equipment and Materials, special tools, materials, expendables and consumables materials in accordance with the Contract Documents; (h) g. Contractor has completed all training of personnel in accordance with the Contract Documents; (i) h. All Defects defects that materially Materially adversely impact the operation of the Project have been corrected; (j) Contractor has completed preparation of all Punch Lists and has prepared a schedule for the completion of all Punch List items that is acceptable to Owner; (k) i. Contractor has submitted, in acceptable form, all of the required operations and maintenance plans, procedures, rules, schedules and manuals required by the Contract Documents; (l) j. Contractor has delivered to Owner Arlington County / County Representative copies of Contractor’s final Systems WMATA Safety/Security Certification Report and Certificate, as defined by Contractor’s System WMATA Safety/Security Certification Management Plan (the format of the System Safety/Security Certification Report and Certificate shall be developed and agreed upon by Owner and Contractor at a reasonable time prior to the expected date of Substantial Completion); and; (m) k. The Contractor shall provide a Use and Occupancy Permit; l. certificates of inspection and approval required for use and occupancy; m. The Contractor shall provide Fire Marshal’s approval; n. The Contractor shall provide Approvals from, and transfer documents for, all utilities; o. All Liquidated Damages due under the Contract have been paid or otherwise satisfied, or Contractor has delivered to Owner a letter documents and verification of credit for Liquidated Damages in dispute training required in accordance with Section 26.1.3any Quality Control or Commissioning Plan; p. The Contractor has completed preparation of all punch lists, and has prepared a schedule for completion of all punch list items that it is acceptable to the owner q. The Contractor shall provide the evidence that all conditions required for Substantial Completion outlined in the Project Construction Coordination Agreement between WMATA and Arlington County have been satisfied.