Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility Segments, Developer shall perform all remaining Construction Work for the Facility, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segments. 7.8.4.2 TxDOT will issue a written certificate of Final Acceptance at such time as all of the following have occurred for the entire Facility: (a) All requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfied; (b) All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOT; (c) All aesthetic and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with Section 15 of the Technical Provisions and the plans and designs prepared in accordance therewith; (d) TxDOT has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 of the Technical Provisions; (e) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts; (f) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5; (g) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and (h) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure). 7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final Acceptance. During the 15-day period following receipt of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Facility and the Record Drawings, and TxDOT’s issuance of a written certificate of Final Acceptance. 7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period. 7.8.4.5 Within five days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate of Final Acceptance or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance has not been achieved. If TxDOT and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.
Appears in 7 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Final Acceptance. 7.8.4.1 5.8.5.1 Promptly after achieving Substantial Completion for both Facility SegmentsCompletion, Developer shall perform all remaining Construction Work for the FacilityWork, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segments.
7.8.4.2 TxDOT 5.8.5.2 IFA will issue a written certificate of Final Acceptance at such time as all of the following have occurred for the entire Facilityoccurred:
(a) All a. The Substantial Completion Date has occurred, all requirements for Substantial Completion remain satisfied, and Service Commencement for both Facility Segments have been satisfiedIFA has issued a certificate of Substantial Completion;
(b) b. All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOTIFA;
(c) All aesthetic c. [reserved];
d. Developer demonstrates to IFA’s reasonable satisfaction that Developer has acquired and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with Section 15 properly stored, or arranged for immediate availability, a reasonable inventory of all spare parts, spare components, spare equipment, special tools, materials, expendables and consumables necessary for operation and maintenance of the Technical Provisions Project during the Operating Period as identified in the Operations and the plans Maintenance Plan and designs prepared in accordance therewithMaintenance Plan;
(d) TxDOT e. IFA has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 3.12.2.2 of the Technical Provisions;
(e) f. IFA has received as-built survey sheets for the Project;
g. If any Governmental Entity with jurisdiction requires any form of certification of design, engineering or construction with respect to the Project or any portion thereof, including any certifications from the Engineer of Record and architect of record for the Project, Developer has caused such certificates to be executed and delivered and has concurrently issued identical certificates to IFA;
h. All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(f) i. Developer has made all deposits to the Intellectual Property Escrow(s) and Financial Escrow required at or prior to Final Acceptance pursuant to Section 22.5Sections 23.5 and 23.6;
(g) Developer j. IFA has paid received the final certifications regarding suspension or debarment as set forth in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; andSection 7.16
(h) k. There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice Notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect affect its full and complete cure); and
l. Developer has submitted to IFA (i) documentation of DBE utilization and (ii) if the DBE Goal is not met, documentation supporting good faith efforts, as required under Exhibit 7 (DBE Special Provisions).
7.8.4.3 5.8.5.3 Developer shall provide TxDOT and IFA with Notice of the Independent Engineer with written notification when date Developer determines that it has achieved Final Acceptance. During the 15-day period following receipt of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review will satisfy all of the Facility and the Record Drawings, and TxDOT’s issuance of a written certificate of Final Acceptanceconditions in Section 5.8.5.
7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 Within five days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate of Final Acceptance or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance has not been achieved. If TxDOT and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.
Appears in 5 contracts
Samples: Public Private Agreement, Public Private Agreement, Public Private Agreement
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility Segments, Developer shall perform all remaining Construction Work for the Facility, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segments.
7.8.4.2 TxDOT 7.12.1 The Authority will promptly issue a written certificate that Developer has achieved Final Acceptance (the “Certificate of Final Acceptance at such time as Acceptance”) upon satisfaction of all of the following have occurred conditions for the entire FacilityProject:
(a) All requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfied;
(b) All 7.12.1.1 all Punch List items have been completed and delivered to the reasonable satisfaction of TxDOT;
(c) All aesthetic and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with Section 15 the requirements of the Technical Provisions and the plans and designs prepared in accordance therewithProject Documents;
(d) TxDOT 7.12.1.2 Developer has certified that it has acquired and properly stored, or arranged for immediate availability, a reasonable inventory of all spare parts, spare components, spare equipment, special tools, materials, expendables and consumables necessary for maintenance of the Project as identified in the Maintenance Management Plan for the Maintenance Period;
7.12.1.3 all Submittals for the Design Work and Construction Work that Developer is required by the Project Documents to submit after Substantial Completion have been submitted to the Authority;
7.12.1.4 the Authority has received a complete set of the Record Drawings As-Built Documents in the form and content required by Section 2.2.7.2 the Project Documents;
7.12.1.5 if any Governmental Entity with jurisdiction requires any form of certification of design, engineering or construction with respect to the Project or any portion thereof, including any certifications from the Engineer of Record for the Project, Developer has caused such certificates to be delivered and has concurrently issued identical certificates to the Authority;
7.12.1.6 Developer has restored to their original condition any lands provided by the Authority for temporary access and other activities not part of the Technical Provisionspermanent work;
7.12.1.7 all aesthetic and landscaping work with the exception of vegetative ground covering is complete and operational including aesthetic lighting;
7.12.1.8 the system testing and commissioning plan – final revision has been submitted to and approved by the Authority;
7.12.1.9 all demobilization from relevant parts of the Project Right of Way is complete, including the removal of temporary work and equipment used in performance of the Construction Work, but not required for the Maintenance Work;
7.12.1.10 Developer has certified to the Authority in writing that no overdue amounts owing to any Contractor or their respective subcontractors remain unpaid (e) All Utility Adjustment except disputed amounts for which Developer has established adequate reserves);
7.12.1.11 all obligations associated with permits obtained by Developer for the Construction Work and other work that have been completed, including the payment to any permitting agency of any amounts due as a result of any breaches of permits by Developer; and
7.12.1.12 all permits required by Developer is obligated to perform for or on behalf of third parties has the Maintenance Work are in place, have been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(f) Developer has made all deposits submitted to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(g) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement Authority and are not in Disputesubject to appeal,
7.12.2 Within forty-five (45) days prior to the date on which Developer expects to achieve all of the conditions of Final Acceptance, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(h) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and written notice to the Independent Engineer with written notification when Developer determines it has achieved Final Acceptance. During Authority so as to allow the 15-day period following receipt Authority to commence its review of those conditions amenable to being reviewed at the time of such notification, Developer, TxDOT and notice. Notification shall include a list of all requirements that will be achieved to allow the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with Authority to issue the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Facility and the Record Drawings, and TxDOT’s issuance of a written certificate Certificate of Final Acceptance.
7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 Within five days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate of Final Acceptance or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance has not been achieved. If TxDOT and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.
Appears in 4 contracts
Samples: Project Agreement, Project Agreement, Project Agreement
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility Segments, Developer shall perform all remaining Construction Work for the Facility, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segments.
7.8.4.2 TxDOT will issue a written certificate of Final Acceptance at such time as all of the following have occurred for the entire Facility:
(a) All requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfied;
(b) All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOT;
(c) All aesthetic and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with Section 15 of the Technical Provisions and the plans and designs prepared in accordance therewith;
(d) TxDOT has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 of the Technical Provisions;
(e) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(f) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(g) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(h) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final Acceptance. During the 15-day period following receipt of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Facility and the Record Drawings, and TxDOT’s issuance of a written certificate of Final Acceptance.with
7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 Within five days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate of Final Acceptance or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance has not been achieved. If TxDOT and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Final Acceptance. 7.8.4.1 Promptly after achieving (i) Within 90 days following the issuance of the Certificate of Substantial Completion for both Facility SegmentsCompletion, Developer the Concessionaire shall perform all remaining Construction Work for the FacilityWork, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable items for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility SegmentsProject.
7.8.4.2 TxDOT will issue a (ii) The Concessionaire shall provide the Department with written certificate of notification when it has determined that the following conditions to Final Acceptance at such time as all of the following have occurred for the entire Facility:
been satisfied: (a) All all requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfied;
; (b) All all Punch List items have been completed and delivered to the reasonable satisfaction of TxDOT;
the Department; (c) All aesthetic the Concessionaire shall have delivered correct and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with Section 15 complete copies of all as-built drawings of the Technical Provisions and Project to the plans and designs prepared in accordance therewith;
Department; (d) TxDOT has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 of the Technical Provisions;
(e) All Utility Adjustment Work and other all work that Developer the Concessionaire is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer parties (other than disputed items); (e) the Concessionaire has paid for all work by third parties that Developer the Concessionaire is obligated to pay for, (other than disputed amounts;
); (f) Developer the Concessionaire has delivered all required certifications from the engineer of record and architect of record for the Project to all necessary Governmental Authorities and to the Department; (g) the Concessionaire has made all deposits deliveries of Work Product to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(g) Developer has paid in full all liquidated damages Department that are owing required to TxDOT pursuant to be made under this Agreement Agreement; and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(h) There exist no uncured Developer Defaults that are the subject conditions set forth in Section 6.7.1 of a Warning Noticethe Design-Build Contract have been satisfied, or with the giving exception of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which condition requiring that Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final Acceptanceoccurred under this Agreement. During the 15-21 day period following receipt delivery of such notificationnotice, Developer, TxDOT the Concessionaire and the Independent Engineer Department shall meet and meet, confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent EngineerDepartment’s orderly, timely inspection and review of the Facility Project and final acceptance by the Department in writing (such written acceptance the “Final Acceptance Certificate”), and the Record Drawings, and TxDOT’s issuance of a written certificate of Final Acceptance.
7.8.4.4 During such 15-day period, the Independent Engineer Department shall conduct an inspection of the Punch List items, a review of the Record Drawings final drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are have been satisfied. The Independent Engineer Department shall deliver submit to the Concessionaire a written report of its findings and recommendations prior to TxDOT and Developer following such inspection, review and investigation and in any case by the end expiration of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 1521-day period.
7.8.4.5 (iii) Within five days after following the expiration of such 1521-day period and TxDOT’s receipt of period, the Independent Engineer’s report of findings and recommendations, TxDOT Department shall either (a) issue a certificate of Final Acceptance Certificate or (b) shall notify Developer in writing setting forth, as applicable, the Concessionaire why Final Acceptance has not been achieved. If TxDOT and Developer can; provided, that if the Department has failed to issue a Final Acceptance Certificate or to notify the Concessionaire why Final Acceptance had not agree as to been achieved within 21 days after the date expiration of the 21 day period described in Section 7.14(b)(ii), a Final Acceptance, such Dispute Acceptance Certificate shall be resolved according deemed to the Dispute Resolution Proceduresbe issued.
Appears in 2 contracts
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility SegmentsCompletion, Developer shall perform all remaining Construction Work for the FacilityWork, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility SegmentsCompletion.
7.8.4.2 TxDOT will issue a written certificate of Final Acceptance at such time as all of the following have occurred for the entire Facilityoccurred:
(a) All requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfied;
(b) All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOT;
(c) All aesthetic and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with Section 15 of the Technical Provisions and the plans and designs prepared in accordance therewith;
(d) TxDOT has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 of the Technical Provisions;
(e) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(f) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(g) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(h) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final Acceptance. During the 15-day period following receipt of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Facility and the Record Drawings, and TxDOT’s issuance of a written certificate of Final Acceptance.
7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 Within five days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate of Final Acceptance or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance has not been achieved. If TxDOT and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility Segments, Developer shall perform all remaining Construction Work for the Facility, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segments.
7.8.4.2 TxDOT will issue a written certificate of Final Acceptance at such time as all of the following have occurred for the entire Facility:
(a) All requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfied;The Concessionaire will achieve Final Acceptance of the Project on or before the Final Acceptance Deadline, subject to adjustment in accordance with this Agreement.
(b) All The Concessionaire will provide the Department with written notification when it has determined that the following conditions to Final Acceptance of the Project have been satisfied:
(i) Substantial Completion has occurred;
(ii) other than the Permitted Encumbrances (not including clause (c) of the definition thereof), the Project is free and clear of all Liens, claims, security interests or encumbrances arising out of or in connection with the performance of the Work during the Construction Period;
(iii) all Punch List items have been completed and delivered to the reasonable satisfaction of TxDOTthe Department;
(iv) all Project Documentation, including as built drawings of the Project Assets, to be submitted on or before Final Acceptance have been submitted and approved (to the extent approval is required) by the Department;
(v) the Concessionaire has paid for all Design-Build Work and other Work required to achieve Final Acceptance by third parties that the Concessionaire is obligated to pay (other than disputed amounts and amounts that are not yet due and payable);
(vi) the Concessionaire has delivered all required certifications from the engineer of record and architect of record to all necessary Governmental Authorities and to the Department;
(vii) the Concessionaire has made all deliveries of Work Product to the Department that are required to be made pursuant to this Agreement; and
(viii) the Concessionaire has delivered to the Department a list of each Asset of the type described in the Performance Requirements Baseline Table.
(c) All aesthetic The parties will comply with the submittal and landscaping features (other than vegetative ground cover landscaping) have been completed review procedures set forth in accordance with Section 15 10.05 in the determination of the Technical Provisions and the plans and designs prepared in accordance therewith;
(d) TxDOT has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 of the Technical Provisions;
(e) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties whether Final Acceptance has been accepted by such third parties, and Developer has paid for all work by third parties achieved provided that Developer is obligated to pay for, other than disputed amounts;
(fthe deemed approval provisions of Section 10.05(e) Developer has made all deposits will not apply to the Intellectual Property Escrow(s) required at or prior to determination of whether Final Acceptance pursuant to Section 22.5;
(g) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(h) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final Acceptancebeen achieved. During the 1521-day Day period following receipt delivery of such the Concessionaire’s written notification, Developer, TxDOT the Concessionaire and the Independent Engineer shall meet and Department will meet, confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent EngineerDepartment’s orderly, timely inspection and review of the Facility Project Assets and the Record Drawings, and TxDOTDepartment’s issuance of a written certificate of Final Acceptance.
7.8.4.4 During such 15-day periodAcceptance Certificate, and the Independent Engineer shall Department will conduct an inspection of the Punch List items, a review of the Record Drawings final drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are have been satisfied. The Independent Engineer shall deliver Department will provide the Concessionaire with a written report determination of findings whether or not Final Acceptance has been achieved (and recommendations if not, an explanation with reasonable specificity as to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation reasons therefor) within such 1521-day Day period.
7.8.4.5 Within five days after expiration (d) If the Department has not notified the Concessionaire of such 15-day period and TxDOT’s receipt approval or disapproval within 21 Days after such Concessionaire notice (or 10 Days with respect to any resubmittal of the Independent Engineer’s report notice), and if the delay is not a result of findings a Concessionaire Party action or inaction, then such delay will constitute a Delay Event and recommendationsa Compensation Event, TxDOT and the Concessionaire will be entitled to Concessionaire Damages, if any, pursuant to Section 14.01.
(e) This Section 8.09 shall either (a) issue a certificate of Final Acceptance or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance has not been achieved. If TxDOT and Developer cannot agree as apply neither to the date of Final Acceptance, such Dispute shall be resolved according 395 Project nor to the Dispute Resolution ProceduresXxxx Ex Project.
Appears in 2 contracts
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both a Facility SegmentsSegment (other than the Segment 3B Facility Segment), Developer shall perform all remaining Construction Work for the Facilitysuch Facility Segment, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both such Facility SegmentsSegment.
7.8.4.2 Promptly after TxDOT Substantial Completion has been achieved, TxDOT shall complete all Punch List items in respect of the TxDOT Works.
7.8.4.3 TxDOT will issue a written certificate of Final Acceptance at such time as all of the following have occurred for the entire Facilityapplicable Facility Segment:
(a) All requirements for Substantial Completion and Service Commencement for both such Facility Segments Segment have been satisfied;
(b) All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOT;
(c) All aesthetic and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with Section 15 of the Technical Provisions and the plans and designs prepared in accordance therewith;
(d) TxDOT has received a complete set of the Record Drawings Drawings, signed and sealed by a Registered Professional Engineer and in form and content required by Section 2.2.7.2 of the Technical Provisions;
(e) All Utility Adjustment Work and other work , provided that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(f) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(g) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(h) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final Acceptance. During the 15-day period following receipt of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Facility and the Record Drawings, and TxDOT’s issuance of a written certificate of Final Acceptance.
7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 Within five days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate written waiver of Final Acceptance or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance has not been achieved. If TxDOT and Developer cannot agree this condition as to the date of Final Acceptance, such Dispute shall be resolved according TxDOT Works;
(e) As to the Dispute Resolution Procedures.Segment 3C Facility Segment, TxDOT has received from Developer all the topographic mapping and aerial photography files required by Section
Appears in 1 contract
Samples: Facility Agreement
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility Segmentseach Project Segment, Developer shall perform all remaining Construction Work for the FacilityProject Segment, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segmentsthe Project Segment.
7.8.4.2 TxDOT will shall issue a written certificate of Final Acceptance for each Project Segment at such time as all of the following have occurred for the entire FacilityProject Segment:
(a) All requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfied;
(b) All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOT;
(c) All aesthetic and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with Section 15 of the Technical Provisions, Attachment 15-1A to the Technical Provisions and the plans and designs prepared in accordance therewith;
(d) TxDOT has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 2.2.8.2 of the Technical Provisions;
(e) TxDOT has accepted Developer’s as-built schedule as required by Section 2.1.1.2.6 of the Technical Provisions;
(f) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(fg) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(gh) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(hi) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final AcceptanceAcceptance for a Project Segment. During the 15-day period following receipt of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Facility Project Segment and the Record Drawings, and TxDOT’s issuance of a written certificate of Final AcceptanceAcceptance for the Project Segment.
7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 Within five days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate of Final Acceptance for the Project Segment or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance for the Project Segment has not been achieved. If TxDOT and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.not
Appears in 1 contract
Samples: Comprehensive Development Agreement
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility SegmentsCompletion, Developer shall perform all remaining Construction Work for the FacilityWork, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility SegmentsCompletion.
7.8.4.2 TxDOT will issue a written certificate of Final Acceptance at such time as all of the following have occurred for the entire Facilityoccurred:
(a) All requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfied;
(b) All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOT;
(c) All aesthetic and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with Section 15 of the Technical Provisions and the plans and designs prepared in accordance therewith;
(d) TxDOT has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 of the Technical Provisions;
(e) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(f) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(g) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(h) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final Acceptance. During the 15-day period following receipt of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Facility and the Record Drawings, and TxDOT’s issuance of a written certificate of Final Acceptance.
7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 Within five days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate of Final Acceptance or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance has not been achieved. If TxDOT and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.,
Appears in 1 contract
Samples: Comprehensive Development Agreement
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility Segmentseach Toll Segment, Developer shall perform all remaining Construction Work for the FacilityToll Segment, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segmentsthe Toll Segment.
7.8.4.2 TxDOT will shall issue a written certificate of Final Acceptance for each Toll Segment at such time as all of the following have occurred for the entire FacilityToll Segment:
(a) All requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfied;
(b) All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOT;
(c) All aesthetic and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with Section 15 of the Technical Provisions, Attachment 15-1A to the Technical Provisions and the plans and designs prepared in accordance therewith;
(d) TxDOT has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 2.2.8.2 of the Technical Provisions;
(e) TxDOT has accepted Developer’s as-built schedule as required by Section 2.1.1.2.6 of the Technical Provisions;
(f) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(fg) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(gh) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(hi) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final Acceptance. During the 15-day period following receipt of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on Acceptance for a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Facility and the Record Drawings, and TxDOT’s issuance of a written certificate of Final Acceptance.Toll
7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 Within five days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate of Final Acceptance for the Toll Segment or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance for the Toll Segment has not been achieved. If TxDOT and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility Segments, Developer shall perform all remaining Construction Work (a) The DB Contractor will achieve Final Acceptance on or before the Scheduled Final Acceptance Date for the Facilityapplicable Project Asset, including completion subject to adjustment in accordance with this Agreement and subject to the assessment of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere liquidated damages pursuant to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility SegmentsSection 8.10(b).
7.8.4.2 TxDOT will issue a written certificate of (b) Final Acceptance at such time as all of each Project Asset will have been achieved when each of the following conditions have occurred for the entire Facilityapplicable Project Asset:
(ai) All requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfiedwith respect to such Project Asset has occurred;
(bii) All the components of the ETTM System have passed the Integration Acceptance Test;
(iii) other than the Permitted Encumbrances (not including clause (c) of the definition thereof), the Project is free and clear of all Liens, claims, security interests or encumbrances arising out of or in connection with the performance of the DB Work;
(iv) all Punch List items will have been completed and delivered to the reasonable satisfaction of TxDOTthe Concessionaire and, in the case of items on the CA Punchlist, the Department;
(v) all Project Documentation, including Final As-Built Drawings and Construction Documentation, will have been delivered to the Concessionaire and the Department;
(vi) the DB Contractor will have paid for all DB Work performed by third parties to achieve Final Acceptance that the DB Contractor is obligated to pay (other than disputed amounts and amounts that are not yet due and payable);
(vii) the DB Contractor will have delivered to the Concessionaire and, on behalf of the Concessionaire, the Department all required certifications from the engineer of record and architect of record and all necessary Governmental Authorities;
(viii) the DB Contractor will have made all deliveries of Work Product to the Concessionaire that are required to be made pursuant to this Agreement;
(ix) CA Final Acceptance has occurred under the Comprehensive Agreement as evidenced by the Department’s issuance of a CA Final Acceptance Certificate thereunder with respect to the Project Asset; and
(x) The Concessionaire has delivered to the DB Contractor the Final Acceptance Certificate signed by the DB Contractor and countersigned by the Concessionaire; provided, that if any of the conditions in this Section 8.09(b) for which any of the Concessionaire Contractors is responsible has not been satisfied by such Concessionaire Contractor for reasons not attributable to the DB Contractor, then so long as all other conditions to Final Acceptance in this Section 8.09(b) have been satisfied, for all purposes of this Agreement the DB Contractor shall not be deemed to have failed to achieve Final Acceptance with respect to the applicable Project Asset, and the DB Contractor shall be entitled to claim a Scope Change Order for a Concessionaire-Caused Delay in accordance with Section 14.05(d) solely for direct impacts caused by the failure of such Concessionaire Contractor to satisfy any of the conditions in this Section 8.09(b) for reasons not attributable to the DB Contractor.
(c) All aesthetic At least twenty-eight (28) Days prior to the date when DB Contractor anticipates to achieve Final Acceptance of a given Project Asset, it shall deliver to the Concessionaire a notice thereof (the “Notice of Project Asset Final Acceptance”). The Notice of Project Asset Final Acceptance shall contain a report of results of, and landscaping features (other than vegetative ground cover landscaping) have been a description of, all DB Work completed in accordance respect to the Project Asset in a form acceptable to the Concessionaire and with Section 15 of the Technical Provisions and the plans and designs prepared in accordance therewith;
(d) TxDOT has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 of the Technical Provisions;
(e) All Utility Adjustment Work and other work that Developer is obligated sufficient detail to perform for or on behalf of third parties enable it to establish whether Final Acceptance has been accepted by such third partiesachieved, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(f) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to as well as a Final Acceptance pursuant to Section 22.5;
(g) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(h) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final Acceptance. During the 15-day period following receipt of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Facility and the Record Drawings, and TxDOT’s issuance of a written certificate of Final Acceptance.
7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case Certificate signed by the end of such 15-day periodDB Contractor. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 Within five days ten (10) Days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s Notice of Project Asset Final Acceptance, the Concessionaire shall inspect the Project Asset and all DB Work completed by the DB Contractor related thereto and review the report of findings submitted by the DB Contractor and recommendations, TxDOT shall either (a) issue a certificate provide written notice to the Department pursuant to Section 8.09(b) of the CA of anticipated CA Final Acceptance under the CA of such Project Asset, or (b) if reasonable cause exists for doing so, notify Developer in writing setting forththe DB Contractor that Final Acceptance has not been achieved stating the reasons therefor. Subject to Section 10.05, as applicable, why if the Concessionaire notifies the DB Contractor that Final Acceptance has not been achieved. If TxDOT , the DB Contractor shall promptly take such action or perform such additional DB Work as will permit achievement of Final Acceptance and Developer cannot agree as issue to the date Concessionaire a revised Notice of Project Asset Final Acceptance, such Dispute shall be resolved according to Acceptance signed by the Dispute Resolution Procedures.DB
Appears in 1 contract
Samples: Design Build Contract
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility Segmentseach Toll Segment, Developer shall perform all remaining Construction Work for the FacilityToll Segment, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segmentsthe Toll Segment.
7.8.4.2 TxDOT will shall issue a written certificate of Final Acceptance for each Toll Segment at such time as all of the following have occurred for the entire FacilityToll Segment:
(a) All requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfied;
(b) All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOT;
(c) All aesthetic and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with Section 15 of the Technical Provisions, Attachment 15-1A to the Technical Provisions and the plans and designs prepared in accordance therewith;
(d) TxDOT has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 2.2.8.2 of the Technical Provisions;
(e) TxDOT has accepted Developer’s as-built schedule as required by Section 2.1.1.2.6 of the Technical Provisions;
(f) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(fg) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(gh) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(hi) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final AcceptanceAcceptance for a Toll Segment. During the 15-day period following receipt of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Facility Toll Segment and the Record Drawings, and TxDOT’s issuance of a written certificate of Final AcceptanceAcceptance for the Toll Segment.
7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 Within five days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate of Final Acceptance for the Toll Segment or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance for the Toll Segment has not been achieved. If TxDOT and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both each Facility SegmentsSegment, Developer shall perform all remaining Construction Work for the FacilityFacility Segment, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segmentsthe Project Segment.
7.8.4.2 TxDOT will issue a written certificate of Final Acceptance for each Facility Segment at such time as all of the following have occurred for the entire FacilityFacility Segment:
(a) All requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfied;
(b) All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOT;
(c) All aesthetic and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with Section 15 of the Technical Provisions and the plans and designs prepared in accordance therewith;
(d) TxDOT has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 of the Technical Provisions;
(e) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(f) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(g) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(h) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final AcceptanceAcceptance for a Facility Segment. During the 15-day period following receipt of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Facility Segment and the Record Drawings, and TxDOT’s issuance of a written certificate of Final AcceptanceAcceptance for the Facility Segment.
7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 Within five days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate of Final Acceptance for the Facility Segment or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance has not been achieved. If TxDOT and Developer cannot agree as to for the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.Facility Segment
Appears in 1 contract
Samples: Comprehensive Development Agreement
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility Segmentseach Project Segment, Developer shall perform all remaining Construction Work for the FacilityProject Segment, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segments.conditions
7.8.4.2 TxDOT will shall issue a written certificate of Final Acceptance for each Project Segment at such time as all of the following have occurred for the entire FacilityProject Segment:
(a) All requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfied;
(b) All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOT;
(c) All aesthetic and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with Section 15 of the Technical Provisions, Attachment 15-1A to the Technical Provisions and the plans and designs prepared in accordance therewith;
(d) TxDOT has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 2.2.8.2 of the Technical Provisions;
(e) TxDOT has accepted Developer’s as-built schedule as required by Section 2.1.1.2.6 of the Technical Provisions;
(f) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(fg) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(gh) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(hi) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final AcceptanceAcceptance for a Project Segment. During the 15-day period following receipt of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Facility Project Segment and the Record Drawings, and TxDOT’s issuance of a written certificate of Final AcceptanceAcceptance for the Project Segment.
7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 Within five days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate of Final Acceptance for the Project Segment or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance for the Project Segment has not been achieved. If TxDOT and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Final Acceptance. 7.8.4.1 7.6.3.1 Promptly after achieving Substantial Completion for both Facility SegmentsCompletion, Developer shall perform all remaining Work (including specifically Construction Work Work) for the Facility, including completion Project in accordance with the terms of all Punch List items, all landscaping other than vegetative ground cover the D&C Closeout Plan and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility SegmentsDBF Documents.
7.8.4.2 TxDOT 7.6.3.2 Authority will issue a the written certificate of Final Acceptance at such time as all of the following have occurred for the entire FacilityProject:
(a) All all requirements for Substantial Completion and Service Commencement for both Facility Segments have been and remain satisfied;
(b) All all FA Punch List items have been completed in accordance with the requirements of the DBF Documents, and delivered to the reasonable satisfaction of TxDOTAuthority;
(c) All all special tools, equipment, furnishings, and supplies purchased and/or used by Developer as provided in the DBF Documents have been delivered to Authority, and all replacement spare parts, if any, have been purchased and delivered to Authority free and clear of any Liens;
(d) all non-structural aesthetic and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with TP Section 15 of the Technical Provisions (Landscape and Hardscape Enhancements) and the plans Submittals and designs other Plans prepared in accordance therewith;
(de) TxDOT Developer is in compliance with the timetable for planting and establishing vegetative ground cover landscaping agreed in the accepted D&C Closeout Plan;
(f) Authority has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 of the Technical Provisions;
(e) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(f) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5Design Documents;
(g) Developer Authority has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Disputereceived a complete set of bound field notes, topographic mapping, and has provided to TxDOT reasonable security as-built surveys for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; andProject in form and substance required by TP Section 9 (Surveying and Mapping);
(h) There exist no uncured if any Governmental Entity with jurisdiction requires any form of certification of design, engineering or construction with respect to the Project or any portion thereof, including any certifications from the Engineer of Record with respect to a certain engineering discipline for the Project, Developer Defaults that are has caused such certificates to be executed and delivered and has concurrently issued identical certificates to Authority;
(i) all Submittals required under TP Section 2 (Project Management) or otherwise under the subject of DBF Documents to be submitted to Authority as a Warning Noticecondition, or with the giving of notice or passage of timeprior, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final Acceptance. During the 15-day period following receipt of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Facility and the Record Drawings, and TxDOT’s issuance of a written certificate of Final Acceptance.
7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 Within five days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate of Final Acceptance or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance has not been achieved. If TxDOT and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.have been
Appears in 1 contract
Samples: Design, Build, and Finance Agreement
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility Segments,
4.9.3.1 Developer shall perform all remaining Construction Work for achieve Final Acceptance by the Facility, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic featuresFinal Acceptance Deadline. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segments.
7.8.4.2 TxDOT The Department will issue a written certificate notice of Final Acceptance at such time as all of the following have occurred for the entire FacilityProject:
(a) 1. All requirements for Substantial Completion Construction Work has been completed in accordance with the Design Documents and Service Commencement for both Facility Segments have been satisfiedthe Contract Documents;
(b) 2. All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOTthe Department;
(c) 3. All aesthetic local streets and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with the Design Documents and the Contract Documents;
4. Developer has cleared and restored to their original condition the Temporary Construction Easement and any other Presidio Trust lands and properties made available to Developer for temporary access and activities during the D&C Work, in accordance with Section 15 4.17.
5. Developer demonstrates to the Department’s reasonable satisfaction that Developer has acquired and properly stored, or arranged for immediate availability, a reasonable inventory of all spare parts, spare components, spare equipment, special tools, materials, expendables and consumables necessary for operation and maintenance of the Technical Provisions and Project as identified in the plans and designs prepared in accordance therewithO&M Plan for the Operating Period;
(d) TxDOT 6. All Submittals for the D&C Work that Developer is required by the Contract Documents to submit after Substantial Completion have been submitted to the Department;
7. The Department has received a complete set of the As-Built Record Drawings Plans in the form and content required by Section 2.2.7.2 of the Technical ProvisionsContract Documents;
(e) All Utility Adjustment Work 8. If any Governmental Entity with jurisdiction requires any form of certification of design, engineering or construction with respect to the Project or any portion thereof, including any certifications from the Engineer of Record and other work that Developer is obligated to perform Architect of Record for or on behalf of third parties has been accepted by such third partiesthe Project, and Developer has paid for all work by third parties that Developer is obligated caused such certificates to pay for, other than disputed amountsbe delivered and has concurrently issued identical certificates to the Department;
(f) 9. Developer has made all deposits to properly completed and the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(g) Developer Department has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for received the full amount OCIP notice of liquidated damages that may then be the subject of an unresolved Disputework completion form; and
(h) 10. There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which will be cured by achieving Final Acceptance will effect its cureAcceptance).
7.8.4.3 4.9.3.2 Approximately 30 days prior to the date on which Developer expects to achieve Final Acceptance, Developer shall provide TxDOT and written notice to the Independent Engineer with written notification when Department so as to allow the Department to promptly commence its review of those conditions to Final Acceptance amenable to being reviewed at the time of the notice. Following the date Developer determines it has achieved Final Acceptance, Developer shall provide the Department with written notification of such date. During the 15ten-day period following receipt of such notification, Developer, TxDOT Developer and the Independent Engineer Department shall meet and confer and exchange information on a regular cooperative basis with to facilitate the goal being TxDOTDepartment's and the Independent Engineer’s orderly, timely inspection and review determination of the Facility and the Record Drawings, and TxDOT’s issuance of whether to issue a written certificate notice of Final Acceptance.
7.8.4.4 During 4.9.3.3 Within 20 days following such 15-day periodmeeting, the Independent Engineer Department shall conduct an inspection of the Punch List items, a review of the As-Built Record Drawings Plans, other Submittals and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day periodachieved.
7.8.4.5 4.9.3.4 Within five days after expiration of such 15the 20-day period and TxDOT’s receipt of described in Section 4.9.3.3, the Independent Engineer’s report of findings and recommendations, TxDOT Department shall either (a) issue a certificate notice of Final Acceptance effective as of the date that the conditions to Final Acceptance were actually satisfied, or (b) notify Developer in writing setting forth, as applicable, of the reasons why Final Acceptance has not been achieved. If TxDOT the Department and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures. The notice of Final Acceptance will indicate the actual date on which Developer achieved Final Acceptance.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility Segmentseach Toll Segment, Developer shall perform all remaining Construction Work for the FacilityToll Segment, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segmentsthe Toll Segment.
7.8.4.2 TxDOT will shall issue a written certificate of Final Acceptance for each Toll Segment at such time as all of the following have occurred for the entire FacilityToll Segment:
(a) All requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfied;
(b) All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOT;
(c) All aesthetic and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with Section 15 of the Technical Provisions, Attachment 15-1A to the Technical Provisions and the plans and designs prepared in accordance therewith;
(d) TxDOT has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 2.2.8.2 of the Technical Provisions;
(e) TxDOT has accepted Developer’s as-built schedule as required by Section 2.1.1.2.6 of the Technical Provisions;
(f) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(fg) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(gh) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(hi) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final AcceptanceAcceptance for a Toll Segment. During the 15-day period following receipt of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Facility ProjectToll Segment and the Record Drawings, and TxDOT’s issuance of a written certificate of Final AcceptanceAcceptance for the Toll Segment.
7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 Within five days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate of Final Acceptance for the Toll Segment or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance for the Toll Segment has not been achieved. If TxDOT and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Final Acceptance. 7.8.4.1 6.6.4.1 Promptly after achieving Substantial Completion for both Facility SegmentsCompletion, Developer shall perform all remaining Construction Work for the Facility, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segments.Developer
7.8.4.2 TxDOT 6.6.4.2 ADOT will issue a written certificate Certificate of Final Acceptance at such time as all of the following have occurred for the entire Facility:
(a) All requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfied;such
(b) ADOT has issued a Certificate of Substantial All Punch List items shall have been completed and delivered to the reasonable satisfaction of TxDOTADOT;
(c) All aesthetic and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with ADOT has received the As-Built Schedule required by Section 15 GP 110.06.2.12 of the Technical Provisions and the plans and designs prepared in accordance therewithProvisions;
(d) TxDOT ADOT has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 GP 110.10.2.8.4 of the Technical Provisions, and a complete, indexed set of all Proprietary Intellectual Property pursuant to Section 23.7.1.2;
(e) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties with respect to the Project has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amountsamounts and amounts owed to Utility Companies that have not yet been invoiced to Developer, despite Developer’s diligent efforts to obtain invoices therefor;
(f) Developer has made all deposits All component parts, plans and documentation of the Project Management Plan required to the Intellectual Property Escrow(s) required at or be prepared, submitted and approved prior to Final Acceptance pursuant to Section 22.5have been so prepared, submitted and approved;
(g) All Submittals required by the Project Management Plan or Contract Documents to be submitted to and approved by ADOT prior to Final Acceptance have been submitted to and approved by ADOT, in the form and content required by the Project Management Plan or Contract Documents;
(h) All personnel, supplies, equipment, waste materials, rubbish and temporary facilities of each Developer-Related Entity shall have been removed from the Project ROW, Developer has restored and repaired all damage or injury arising from such removal to the satisfaction of ADOT, and the Site is in good working order and condition;
(i) Developer has delivered to ADOT a certification representing that there are no outstanding claims (for purposes of this certification, the term “claim” shall include all facts which may give rise to a claim) of Developer or claims or stop notices of any Subcontractor, Supplier, laborer, Utility Company or other Persons with respect to the D&C Work, other than:
(A) Any previously submitted unresolved claims of Developer and any claims or stop notices of a Subcontractor, Supplier, laborer, Utility Company or other Persons being contested by Developer (in which event the certification shall include a list of all such matters with such detail as is requested by ADOT and, with respect to all claims or stop notices of a Subcontractor, Supplier, laborer, Utility Company and other Person, shall include a representation by Developer that it is diligently and in good faith contesting such matters by appropriate legal proceedings which shall operate to prevent the enforcement or collection of the same); and
(B) Amounts owed to Utility Companies that have not yet been invoiced to Developer, despite Developer’s diligent efforts to obtain invoices therefor;
(j) Developer has paid in full all liquidated damages Liquidated Damages and Noncompliance Charges that are owing to TxDOT ADOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT ADOT reasonable security for the full amount of liquidated damages Liquidated Damages and Noncompliance Charges that may then be the subject of an unresolved Dispute;
(k) There exists no uncured Developer Defaults other than those that would be cured by the achievement of Final Acceptance;
(l) ADOT has received from Developer and accepted the Final DBE Utilization Summary Report and the Summary Certification of Final DBE Payments for Professional Services and Construction DBE utilization, as required by Sections 18.02 and 20.0 of the DBE Special Provisions (Exhibit 7);
(m) ADOT has received from Developer and accepted the Final OJT Summary Report, and, if applicable, Good Faith Effort documentation, as required by Section 7.0 of the OJT Special Provisions (Exhibit 8); and
(hn) There exist no uncured Developer Defaults that All of Developer’s other obligations under the Contract Documents (other than obligations which by their nature are the subject of a Warning Notice, required to be performed after Final Acceptance) shall have been satisfied in full or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure)waived by ADOT.
7.8.4.3 6.6.4.3 Developer shall provide TxDOT and the Independent Engineer ADOT with written notification when Developer determines it has achieved Final Acceptance. During the 15-day period following receipt 30 days’ notice of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Facility and the Record Drawings, and TxDOT’s issuance of a written certificate of Final Acceptance.the
7.8.4.4 6.6.4.4 During such 1530-day period, the Independent Engineer shall ADOT will conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 6.6.4.5 Within five days after expiration of such 1530-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate of Final Acceptance or (b) notify Developer in writing setting forth, as applicable, why Final Acceptance has not been achieved. If TxDOT and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.period,
Appears in 1 contract
Samples: Design Build Maintain Agreement
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility Segments,
4.9.3.1 Developer shall perform all remaining Construction Work for achieve Final Acceptance by the Facility, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic featuresFinal Acceptance Deadline. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segments.
7.8.4.2 TxDOT The Department will issue a written certificate notice of Final Acceptance at such time as all of the following have occurred for the entire FacilityProject:
(a) 1. All requirements for Substantial Completion Construction Work has been completed in accordance with the Design Documents and Service Commencement for both Facility Segments have been satisfiedthe Contract Documents;
(b) 2. All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOTthe Department;
(c) 3. All aesthetic local streets and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with the Design Documents and the Contract Documents;
4. Developer has cleared and restored to their original condition the Temporary Construction Easement and any other Presidio Trust lands and properties made available to Developer for temporary access and activities during the D&C Work, in accordance with Section 15 4.17.
5. Developer demonstrates to the Department’s reasonable satisfaction that Developer has acquired and properly stored, or arranged for immediate availability, a reasonable inventory of all spare parts, spare components, spare equipment, special tools, materials, expendables and consumables necessary for operation and maintenance of the Technical Provisions and Project as identified in the plans and designs prepared in accordance therewithO&M Plan for the Operating Period;
(d) TxDOT 6. All Submittals for the D&C Work that Developer is required by the Contract Documents to submit after Substantial Completion have been submitted to the Department;
7. The Department has received a complete set of the As-Built Record Drawings Plans in the form and content required by Section 2.2.7.2 of the Technical ProvisionsContract Documents;
(e) All Utility Adjustment Work 8. If any Governmental Entity with jurisdiction requires any form of certification of design, engineering or construction with respect to the Project or any portion thereof, including any certifications from the Engineer of Record and other work that Developer is obligated to perform Architect of Record for or on behalf of third parties has been accepted by such third partiesthe Project, and Developer has paid for all work by third parties that Developer is obligated caused such certificates to pay for, other than disputed amountsbe delivered and has concurrently issued identical certificates to the Department;
(f) 9. Developer has made all deposits to properly completed and the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(g) Developer Department has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for received the full amount OCIP notice of liquidated damages that may then be the subject of an unresolved Disputework completion form; and
(h) 10. There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which will be cured by achieving Final Acceptance will effect its cureAcceptance).
7.8.4.3 4.9.3.2 Approximately 30 days prior to the date on which Developer expects to achieve Final Acceptance, Developer shall provide TxDOT and written notice to the Independent Engineer with written notification when Department so as to allow the Department to promptly commence its review of those conditions to Final Acceptance amenable to being reviewed at the time of the notice. Following the date Developer determines it has achieved Final Acceptance, Developer shall provide the Department with written notification of such date. During the 15ten-day period following receipt of such notification, Developer, TxDOT Developer and the Independent Engineer Department shall meet and confer and exchange information on a regular cooperative basis with to facilitate the goal being TxDOTDepartment's and the Independent Engineer’s orderly, timely inspection and review determination of the Facility and the Record Drawings, and TxDOT’s issuance of whether to issue a written certificate notice of Final Acceptance.
7.8.4.4 During 4.9.3.3 Within 20 days following such 15-day periodmeeting, the Independent Engineer Department shall conduct an inspection of the Punch List items, a review of the As-Built Record Drawings Plans, other Submittals and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day periodachieved.
7.8.4.5 4.9.3.4 Within five days after expiration of such 15the 20-day period and TxDOT’s receipt of described in Section 4.9.3.3, the Independent Engineer’s report of findings and recommendations, TxDOT Department shall either (a) issue a certificate notice of Final Acceptance effective as of the date that the conditions to Final Acceptance were actually satisfied; or (b) notify Developer in writing setting forth, as applicable, of the reasons why Final Acceptance has not been achieved. If TxDOT the Department and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures. The notice of Final Acceptance will indicate the actual date on which Developer achieved Final Acceptance.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility Segments, 4.9.3.1 Developer shall perform all remaining Construction Work for achieve Final Acceptance by the Facility, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic featuresFinal Acceptance Deadline. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segments.
7.8.4.2 TxDOT The Department will issue a written certificate notice of Final Acceptance at such time as all of the following have occurred for the entire FacilityProject:
(a) 1. All requirements for Substantial Completion Construction Work has been completed in accordance with the Design Documents and Service Commencement for both Facility Segments have been satisfiedthe Contract Documents;
(b) 2. All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOTthe Department;
(c) 3. All aesthetic local streets and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with the Design Documents and the Contract Documents and accepted by the Presidio Trust;
4. Developer has cleared and restored to their original condition the Temporary Construction Easement and any other Presidio Trust lands and properties made available to Developer for temporary access and activities during the D&C Work, in accordance with Section 15 4.17.
5. Developer demonstrates to the Department’s reasonable satisfaction that Developer has acquired and properly stored, or arranged for immediate availability, a reasonable inventory of all spare parts, spare components, spare equipment, special tools, materials, expendables and consumables necessary for operation and maintenance of the Technical Provisions and Project as identified in the plans and designs prepared in accordance therewithO&M Plan for the Operating Period;
(d) TxDOT 6. All Submittals for the D&C Work that Developer is required by the Contract Documents to submit after Substantial Completion have been submitted to the Department;
7. The Department has received a complete set of the As-Built Record Drawings Plans in the form and content required by Section 2.2.7.2 of the Technical ProvisionsContract Documents;
(e) All Utility Adjustment Work 8. If any Governmental Entity with jurisdiction requires any form of certification of design, engineering or construction with respect to the Project or any portion thereof, including any certifications from the Engineer of Record and other work that Developer is obligated to perform Architect of Record for or on behalf of third parties has been accepted by such third partiesthe Project, and Developer has paid for all work by third parties that Developer is obligated caused such certificates to pay for, other than disputed amountsbe delivered and has concurrently issued identical certificates to the Department;
(f) 9. Developer has made all deposits to properly completed and the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(g) Developer Department has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for received the full amount OCIP notice of liquidated damages that may then be the subject of an unresolved Disputework completion form; and
(h) 10. There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which will be cured by achieving Final Acceptance will effect its cureAcceptance).
7.8.4.3 4.9.3.2 Approximately 30 days prior to the date on which Developer expects to achieve Final Acceptance, Developer shall provide TxDOT and written notice to the Independent Engineer with written notification when Department so as to allow the Department to promptly commence its review of those conditions to Final Acceptance amenable to being reviewed at the time of the notice. Following the date Developer determines it has achieved Final Acceptance, Developer shall provide the Department with written notification of such date. During the 15ten-day period following receipt of such notification, Developer, TxDOT Developer and the Independent Engineer Department shall meet and confer and exchange information on a regular cooperative basis with to facilitate the goal being TxDOTDepartment's and the Independent Engineer’s orderly, timely inspection and review determination of the Facility and the Record Drawings, and TxDOT’s issuance of whether to issue a written certificate notice of Final Acceptance.
7.8.4.4 During 4.9.3.3 Within 20 days following such 15-day periodmeeting, the Independent Engineer Department shall conduct an inspection of the Punch List items, a review of the As-Built Record Drawings Plans, other Submittals and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day periodachieved.
7.8.4.5 4.9.3.4 Within five days after expiration of such 15the 20-day period and TxDOT’s receipt of described in Section 4.9.3.3, the Independent Engineer’s report of findings and recommendations, TxDOT Department shall either (a) issue a certificate notice of Final Acceptance effective as of the date that the conditions to Final Acceptance were actually satisfied; or (b) notify Developer in writing setting forth, as applicable, of the reasons why Final Acceptance has not been achieved. If TxDOT the Department and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures. The notice of Final Acceptance will indicate the actual date on which Developer achieved Final Acceptance.
Appears in 1 contract
Samples: Public Private Partnership Agreement
