2020-26 - Approve Design Build of Cove Church

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shall finish all items on the list accompanying the Certificate. Warranties required by the Design -Build Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.6 The Certificate of Substantial Completion shall be submitted by the Design -Builder to the Owner for written acceptance of responsibilities assigned to it in the Certificate. Upon the Owner's acceptance,,.,,and consent of surety., if any, the Owner shall make payment of retainage applying to the Work or designated porti6."' thereof. Payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of fbe Design -Build Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the WK ..... at any stage when such portion is designated by separate agreement with the Design -Builder, provided such occupancy pupancy or use is consented to by endorsement or otherwise, by the insurer providing property insurance and iauthorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design -Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenaijc�, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for coct idn of the Work and commencement of warranties required by the Design -Build Documents. When the Design-B6il&r., considers a portion substantially complete, the Design -Builder shall prepare and submit a list to the Owner als-;provided under Section 9.8.2. Consent of the Design -Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner d .. D sign -Builder. .. ...... .. j ---- § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design -Builder shatt"o-intly- inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition off the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Wark shall not constitute acceptance of Work not complying with the requirements of the Design -Build Docu, MJ*`�en § 9.10 Final Completion and Final Payment s § 9.10.1 Upon receipt of the Design -Builder's written notice that the Work is ready for final m"peection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design -Build Documents and the Contrad"fu performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. ,.. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the .J)estgn- Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and oth6r - iiidebte'� ess connected with the Work, for which the Owner or the Owner's property might be responsibly bf��.,�,,,ddcumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenciri th i' Winsurance required by the Design -Build Documents to remain in force after final payment is currently i'lAeffect, (3) a written statement that the Design -Builder knows of no substantial reason that the insurance will notbe renewable to cover the period required by the Design -Build Documents, (4) consent of surety, if any, to final p (5) as - constructed record copy of the Construction Documents marked to indicate field changes a ons made during construction, (6) manufacturer's warranties, product data, and maintenance and operations manuals.. .......... aid (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect, a Consultant, or a Contractor, oT-:othfer person or entity providing services or work for the Design -Builder, refuses to furnish a release or waiver r. e.-q.ujrd by the e Owner, the Design -Builder may furnish a bond satisfactory to the Owner to indemnify the Oder against such liens claims security interests, or encumbrances. If such liens, claims, security interests, or encuM-,,.*',' rances i-.t-emams unsatisfied after payments are made, the Design -Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, incl ding all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially 4elayed through no fault of the Design -Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the Design -Builder, and without terminating the Contract, make payment of the balance due for that portion of AIA Document A1411m - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA-' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 23 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:59:58 ET on 04/09/2020 under Order No. 3456073873 which expires on 04/04/2021, and is not for resale. (3B9ADAS4) User Notes: