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The Project Manager, with assistance from the project team, shall assemble project documents for submittal to DOE for CD-4 approval. The LBNL Project Management Office reviews the CD-4 documents prior to submittal to DOE. Detailed requirements for this submittal are found in DOE Order 413.3B.
7.3.
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3 Substantial Completion
Substantial completion means the stage in the progress of the construction work, as determined by the Project Manager, when the
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work is
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complete
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and in accordance with the Subcontract except only for completion of minor items which do not impair LBNL’s ability to occupy and fully utilize the building for its intended purpose.
Upon notification by the Subcontractor that the construction work is substantially complete the Project Manager will inspect the work and provide the Subcontractor with a comprehensive list of items to be completed or corrected before establishing substantial completion. The Subcontractor shall complete items on the list. The Project Manager will then re-inspect the work to determine whether all items have been completed and corrected.
When the Project Manager determines that the work is substantially complete, and following any necessary inspection by other LBNL personnel to determine that the building is safe for occupancy, the Project Manager will notify the Subcontractor in writing that the construction work is substantially complete. The notification will establish the date of substantial completion and the responsibilities of LBNL and the Subcontractor for security, maintenance, utilities, insurance, and damage to the construction work. The notification will also formally end the subcontract period for the calculation of liquidated damages, and shall transfer responsibility for safe operation of the facility to the LBNL operating entities.
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The timing of
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substantial completion shall be closely coordinated with Operations to ensure they are prepared to accept responsibility of the facility, as applicable to the project.
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Before occupancy of the facility, a
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list of existing deficiencies shall be prepared and transmitted to the subcontractor, the iCxA and Facilities Operations.
7.3.4 Final Completion
Upon receipt of notice from the Subcontractor that the construction work is ready for final inspection, the Project Manager will make the inspection. Final completion shall be when the Project Manager determines that the construction work is fully complete and in accordance with the Subcontract, including completion of all punch list items.
Final completion is conditioned upon receipt of the following:
- The final Application for Payment and all required submittals.
- All guarantees and warranties procured by the Subcontractor from its lower-tier subcontractors, all operating manuals for installed equipment, all as-built documents, and all other submittals required by the Subcontract.
7.3.5 Beneficial Occupancy
In some cases, prior to substantial completion, the client requires use of the project space prior to project acceptance and sign-offs on the Project Construction Complete Review form. For example, the client may desire to
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set up equipment while the subcontractor completes punchlist items. Another example is when completion of some non-critical part of the project has been delayed and is the only reason that the project cannot be accepted.
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In such cases where the client requires use of the project space prior to project acceptance and sign-offs on the Project Construction Complete Review form, the
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Project Manager will issue a written notice to the Subcontractor with at least 10 days advance notice.
The Project Manager will inspect the portion of the work to be beneficially occupied and prepare a list of items to be completed or corrected prior to final completion. The Project Manager will notify the Subcontractor in writing of LBNL’s intent to beneficially occupy a portion of the Work.
The Subcontractor shall provide, in the areas beneficially occupied, utility services, heating, and cooling for systems which are in operable condition at the time of beneficial occupancy. All responsibility for the operation and maintenance of equipment shall remain with the Subcontractor while the equipment is operated.
LBNL will pay all normal operating and maintenance costs resulting from its use of equipment in areas beneficially occupied and all utility costs which arise out of the beneficial occupancy, and will use its best efforts to prevent its beneficial occupancy from interfering with the Subcontractor’s remaining work.
The Warranty period will commence upon the first date of actual occupancy or use of the portions of the construction work actually occupied and equipment or systems fully utilized. Equipment or systems shall not be considered fully utilized until all parts of the construction work served by the equipment or systems are actually occupied and used.
The Subcontractor shall not be responsible for providing security in areas beneficially occupied or required to repair damage caused by LBNL in its beneficial occupancy.
The client accepts responsibility for space and safety requirements for all activities within the space that are not included in the project scope of work.
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Beneficial Occupancy requires approval of the Fire Marshal and Project Manager, and acceptance by the client.
