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<br />5.49.1.1 City at any time may request Contractor in writing to permit City to use or occupy <br />any such part of the Work which City believes to be ready for its intended use and substantially <br />complete. If and when Contractor agrees that such part of the Work is substantially complete, <br />Contractor will certify to City and Consultant that such part of the Work is substantially complete <br />and request Consultant to issue a letter of Substantial Completion for that part of the Work. <br /> <br />5.49.1.2. Contractor at any time may notify City and Consultant in writing that Contractor <br />considers any such part of the Work ready for its intended use and substantially complete and <br />request Consultant to issue a letter of Substantial Completion for that part of the Work. <br /> <br />5.49.1.3 Within a reasonable time after either such request, City, Contractor, and Consultant <br />shall make an inspection of that part of the Work to determine its status of completion. If <br />Consultant does not consider that part of the Work to be substantially complete, Consultant will <br />notify City and Contractor in writing giving the reasons therefore. If Consultant considers that <br />part of the Work to be substantially complete, the provisions above will apply with respect to <br />certification of Substantial Completion of that part of the Work and division of responsibility in <br />respect thereof and access thereto. <br /> <br />5.50. final Inspection: Upon written notice from Contractor that the entire Work or an agreed <br />portion thereof is complete, Consultant will promptly make a final inspection with City and Contractor and <br />will notify Contractor in writing of all particulars in which this inspection reveals that the Work is <br />incomplete or defective. Contractor shall immediately take such measures as are necessary to complete <br />such Work or remedy such deficiencies. After Contractor has, in the opinion of Consultant, satisfactorily <br />completed all corrections identified during the final inspection and has delivered, in accordance with the <br />Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, <br />certificates or other evidence of insurance certificates of inspection, as-built documents, Consultant will <br />issue a letter of final acceptance, and Contractor may make application for final payment following the <br />procedure for progress payments. <br /> <br />5.51. Payments to Contractor: At least ten (10) days before each progress payment falls due (but <br />not more often than once a month), the Contractor will submit to the Consultant a partial payment <br />estimate filled out and signed by the Contractor covering the Work performed during the period covered <br />by the partial payment estimate and supported by such data as the City and its Consultant may <br />reasonably require. <br /> <br />5.51.1. If payment is requested on the basis of materials and equipment not incorporated in the Work <br />but delivered and suitably stored at or near site, the partial payment estimate shall also be <br />accompanied by such supporting data, satisfactory to the City, and will establish the City's title to <br />the material and equipment and protect their interest therein, including applicable insurance. <br />The Consultant will within ten (10) days after receipt of each partial payment estimate, either <br />indicate in writing their approval of payment and present the partial payment estimate to the <br />City, or return the partial payment estimate to the Contractor, indicating in writing their reasons <br />for refusing to approve payment. In the latter case, the Contractor may make the necessary <br />corrections and resubmit the partial payment estimate. The City, will within thirty (30) days of <br />presentation to them of any approved partial payment estimate, pay the Contractor a progress <br />payment on the basis of the approved partial payment estimate. The City may retain ten (10) <br />percent of the amount of each payment until final completion and acceptance of all Work covered <br />by the Contract Documents. On completion and acceptance of a part of the Work on which the <br />price is stated separately in the Contract Documents, payment may be made in full, including <br />retained percentages, less authorized deductions. Any interest earned on the retainage shall <br />accrue to the benefit of the City. <br /> <br />PAGE 32 OF 130 <br />BID No. 08-10-01 <br />