Common use of USE OF COMPLETED PORTIONS Clause in Contracts

USE OF COMPLETED PORTIONS. 3.4.1 CITY shall have the right, at its sole option, to take possession of and use of any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays of the work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, by appropriate adjustment pursuant to Article 4. 3.4.2 In the event CITY takes possession of any completed or partially completed portions of the project, the following shall occur: 3.4.3 CITY shall give notice to CONTRACTOR in writing at least fifteen (15) calendar days prior to CITY’s intended occupancy of a designated area. 3.4.4 CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form provided by the CITY. 3.4.4.1 Upon the PROJECT MANAGER’S issuance of a Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of or by the CITY and the public, adjustment of insurance coverage and start of warranty for the occupied area. 3.4.4.2 CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion within the time specified in article 3.2 and request final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the PROJECT MANAGER shall issue a Final Certificate of Payment relative to the occupied area. 3.4.4.3 If the CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY and CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 CITY City shall have the right, at its sole option, to take possession of and use of any completed or partially completed portions of the ProjectProject(s). Such possession and use shall not be deemed an acceptance or beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays of the workWork, CONTRACTOR Design-Build Firm shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by appropriate adjustment pursuant to Article 4. 3.4.2 Project Manager. In the event CITY City takes possession of any completed or partially completed portions of the projectProject, the following shall occur: 3.4.3 CITY :  City shall give notice to CONTRACTOR Design-Build Firm in writing at least fifteen thirty (1530) calendar days prior to CITY’s City's intended occupancy of a designated area. 3.4.4 CONTRACTOR .  Design-Build Firm shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form provided by the CITY. 3.4.4.1 from Project Manager.  Upon the PROJECT MANAGER’S Project Manager‟s issuance of a Certificate of Substantial Completion, CITY City will assume full responsibility for maintenance, utilities, subsequent damages of or by the CITY City and the public, adjustment of insurance coverage coverage‟s and start of warranty for the occupied area. 3.4.4.2 CONTRACTOR .  Design-Build Firm shall complete all items noted on the Certificate of Substantial Completion within the time specified by Project Manager on the Certificate of Substantial Completion, as specified in article 3.2 the Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the PROJECT MANAGER Project Manager shall issue a Final Certificate of Final Payment relative to the occupied area. 3.4.4.3 .  If the CITY City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY City and CONTRACTOR Design-Build Firm and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR Design-Build Firm and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 CITY City shall have the right, at its sole option, to take possession of and use of any completed or partially completed portions of the ProjectProject(s). Such possession and use shall not be deemed an acceptance or beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays of the workWork, CONTRACTOR Design-Build Firm shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by appropriate adjustment pursuant to Article 4. 3.4.2 Project Manager. In the event CITY City takes possession of any completed or partially completed portions of the projectProject, the following shall occur: 3.4.3 CITY : City shall give notice to CONTRACTOR Design-Build Firm in writing at least fifteen thirty (1530) calendar days prior to CITY’s City's intended occupancy of a designated area. 3.4.4 CONTRACTOR . Design-Build Firm shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form provided by the CITY. 3.4.4.1 from Project Manager. Upon the PROJECT MANAGER’S Project Manager’s issuance of a Certificate of Substantial Completion, CITY City will assume full responsibility for maintenance, utilities, subsequent damages of or by the CITY City and the public, adjustment of insurance coverage coverage’s and start of warranty for the occupied area. 3.4.4.2 CONTRACTOR . Design-Build Firm shall complete all items noted on the Certificate of Substantial Completion within the time specified by Project Manager on the Certificate of Substantial Completion, as specified in article 3.2 the Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the PROJECT MANAGER Project Manager shall issue a Final Certificate of Final Payment relative to the occupied area. 3.4.4.3 . If the CITY City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY City and CONTRACTOR Design-Build Firm and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR Design-Build Firm and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 CITY 27.1 The City will inform the Contractor prior to the completion of negotiations if any portion of the Project will be utilized prior to normal construction completion. However, the City shall have the right, at its sole option, right to take possession of and use of any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work work not completed in accordance with the Contract Documents. If such possession and use increases delay the cost of or delays of Project, the work, CONTRACTOR Contractor shall be entitled to reasonable extra compensation, or a reasonable extension of time or bothtime, as determined by appropriate adjustment pursuant to Article 4the City. 3.4.2 27.2 In the event CITY the City takes possession of any completed or partially completed portions of the projectpossession, the following shall occur: 3.4.3 CITY 27.2.1 The Project Manager shall give notice to CONTRACTOR in writing the Contractor at least fifteen (15) calendar days prior in advance of intent to CITY’s intended occupancy of occupy a designated area. 3.4.4 CONTRACTOR 27.2.2 The Contractor shall complete bring the designated area to the point of Substantial Completion Completion. When the Contractor considers that the designated area of the Project is substantially complete, the Contractor shall notify the Project Manager in writing and request shall prepare for submission to the Project Manager a list of items to be completed or corrected. The failure to include any items on this list does not alter the responsibility of the Contractor to complete work on the designated area in accordance with the Contract Documents. The Project Manager shall conduct an inspection to determine that the designated portion of the Project is substantially complete. The Project Manager and the Contractor shall agree on the time within which the Contractor shall complete the items listed. 27.2.3 Upon issuance of a Certificate of Substantial Completion in the form provided by the CITY. 3.4.4.1 Upon the PROJECT MANAGER’S issuance of a Certificate of Substantial Completion, CITY the City will assume full responsibility for maintenance, utilities, and subsequent damages of the City and public adjustment. The Contractor shall remain responsible for all items listed to be completed or by corrected as submitted to the CITY and the public, adjustment of insurance coverage and start of warranty for the occupied areaProject Manager as required in substantial completion process. 3.4.4.2 CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion within the time specified in article 3.2 and request final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the PROJECT MANAGER shall issue a Final Certificate of Payment relative to the occupied area. 3.4.4.3 27.2.4 If the CITY City finds it necessary to occupy or use a portion or portions of the Work Project prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY the Project Manager and CONTRACTOR and to which the Contractor. This insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 CITY 1. The County shall have the right, at its sole option, to take possession of and use of any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays of the workWork, CONTRACTOR shall be entitled to reasonable extra compensation, compensation or reasonable extension of time or both, as approved by appropriate adjustment pursuant to Article 4the Project Manager. 3.4.2 2. In the event CITY the County takes possession of any completed or partially completed portions of the projectProject, the following shall occur: 3.4.3 CITY a) The County shall give notice to CONTRACTOR CONTRACTOR, in writing writing, at least fifteen (15) thirty calendar days prior to CITY’s the County's intended occupancy of a designated area. 3.4.4 b) CONTRACTOR shall complete complete, to the point of Substantial Completion Completion, the designated area and request inspection and issuance of a Certificate project certificate of Substantial Completion in the form provided by the CITYCompletion. 3.4.4.1 c) Upon the PROJECT MANAGER’S Project Manager's issuance of a Certificate project certificate of Substantial Completion, CITY the County will assume full responsibility for maintenance, utilities, subsequent damages of or by the CITY County and the public, adjustment of insurance coverage coverages and start of warranty for the occupied area. 3.4.4.2 d) CONTRACTOR shall complete all items noted on the Certificate project certificate of Substantial Completion within the time specified in article 3.2 by the Project Manager on the project certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final paymentpayment (final project invoice), the PROJECT MANAGER Project Manager shall issue a Final Certificate of Payment relative to the occupied area. 3.4.4.3 e) If the CITY County finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY the County and CONTRACTOR CONTRACTOR, and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. CONTRACTOR’s Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 CITY 27.1 The City will inform the Contractor prior to the execution of this Agreement if any portion of the Project will be utilized prior to normal construction completion; however, the City shall have the right, at its sole option, right to take possession of and use of any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work work not completed in accordance with the Contract Documents. If such possession and use increases delay the cost of or delays of Project, the work, CONTRACTOR Contractor shall be entitled to reasonable extra compensation, or a reasonable extension of time or bothtime, as determined by appropriate adjustment pursuant to Article 4the City. 3.4.2 27.2 In the event CITY the City takes possession of any completed or partially completed portions of the projectpossession, the following shall occur: 3.4.3 CITY 27.2.1 The Project Manager shall give notice to CONTRACTOR in writing the Contractor at least fifteen (15) calendar days prior in advance of intent to CITY’s intended occupancy of occupy a designated area. 3.4.4 CONTRACTOR 27.2.2 The Contractor shall complete bring the designated area to the point of Substantial Completion Completion. When the Contractor considers that the designated area of the Project is substantially complete, the Contractor shall notify the Project Manager in writing and request shall prepare for submission to the Project Manager a list of items to be completed or corrected. The failure to include any items on this list does not alter the responsibility of the Contractor to complete work on the designated area in accordance with the Contract Documents. The Project Manager shall conduct an inspection to determine that the designated portion of the Project is substantially complete. The Project Manager and the Contractor shall agree on the time within which the Contractor shall complete the items listed. 27.2.3 Upon issuance of a Certificate of Substantial Completion in the form provided by the CITY. 3.4.4.1 Upon the PROJECT MANAGER’S issuance of a Certificate of Substantial Completion, CITY the City will assume full responsibility for maintenance, utilities, and subsequent damages of the City and public adjustment. The Contractor shall remain responsible for all items listed to be completed or by corrected as submitted to the CITY and Project Manager, as required in the public, adjustment of insurance coverage and start of warranty for the occupied areaSubstantial Completion process. 3.4.4.2 CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion within the time specified in article 3.2 and request final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the PROJECT MANAGER shall issue a Final Certificate of Payment relative to the occupied area. 3.4.4.3 27.2.4 If the CITY City finds it necessary to occupy or use a portion or portions of the Work Project prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY the Project Manager and CONTRACTOR and to which the Contractor. This insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 CITY 27.1 The City will inform the Contractor prior to the completion of negotiations if any portion of the Project will be utilized prior to normal construction completion. However, the City shall have the right, at its sole option, right to take possession of and use of any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work work not completed in accordance with the Contract Documents. If such possession and use increases delay the cost of or delays of Project, the work, CONTRACTOR Contractor shall be entitled to reasonable extra compensation, or a reasonable extension of time or bothtime, as determined by appropriate adjustment pursuant to Article 4the City. 3.4.2 27.2 In the event CITY the City takes possession of any completed or partially completed portions of the projectpossession, the following shall occur: 3.4.3 CITY 27.2.1 The Project Manager shall give notice to CONTRACTOR in writing the Contractor at least fifteen (15) calendar days prior in advance of intent to CITY’s intended occupancy of occupy a designated area. 3.4.4 CONTRACTOR 27.2.2 The Contractor shall complete bring the designated area to the point of Substantial Completion Completion. When the Contractor considers that the designated area of the Project is substantially complete, the Contractor shall notify the Project Manager in writing and request shall prepare for submission to the Project Manager a list of items to be completed or corrected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete work on the designated area in accordance with the Contract Documents. The Project Manager shall conduct an inspection to determine that the designated portion of the Project is substantially complete. The Project Manager and the Contractor shall agree on the time within which the Contractor shall complete the items listed. 27.2.3 Upon issuance of a Certificate of Substantial Completion in the form provided by the CITY. 3.4.4.1 Upon the PROJECT MANAGER’S issuance of a Certificate of Substantial Completion, CITY the City will assume full responsibility for maintenance, utilities, and subsequent damages of the City and public adjustment. The Contractor shall remain responsible for all items listed to be completed or by corrected as submitted to the CITY and the public, adjustment of insurance coverage and start of warranty for the occupied areaProject Manager as required in substantial completion process. 3.4.4.2 CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion within the time specified in article 3.2 and request final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the PROJECT MANAGER shall issue a Final Certificate of Payment relative to the occupied area. 3.4.4.3 27.2.4 If the CITY City finds it necessary to occupy or use a portion or portions of the Work Project prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY the Project Manager and CONTRACTOR and to which the Contractor. This insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 CITY City shall have the right, at its sole option, to take possession of and use of any completed or partially completed portions of the ProjectProject(s). Such possession and use shall not be deemed an acceptance or beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays of the workWork, CONTRACTOR Design-Build Firm shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by appropriate adjustment pursuant to Article 4. 3.4.2 Project Manager. In the event CITY City takes possession of any completed or partially completed portions of the projectProject, the following shall occur: 3.4.3 CITY :  City shall give notice to CONTRACTOR Design-Build Firm in writing at least fifteen thirty (1530) calendar days prior to CITY’s City's intended occupancy of a designated area. 3.4.4 CONTRACTOR .  Design-Build Firm shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form provided by the CITY. 3.4.4.1 from Project Manager.  Upon the PROJECT MANAGER’S Project Manager’s issuance of a Certificate of Substantial Completion, CITY City will assume full responsibility for maintenance, utilities, subsequent damages of or by the CITY City and the public, adjustment of insurance coverage coverage’s and start of warranty for the occupied area. 3.4.4.2 CONTRACTOR .  Design-Build Firm shall complete all items noted on the Certificate of Substantial Completion within the time specified by Project Manager on the Certificate of Substantial Completion, as specified in article 3.2 the Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the PROJECT MANAGER Project Manager shall issue a Final Certificate of Final Payment relative to the occupied area. 3.4.4.3 .  If the CITY City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY City and CONTRACTOR Design-Build Firm and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR Design-Build Firm and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.