2025-207-E-AMS-Gilban crisis diversion-Master WC GL AutoXS-10M

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Page | 31 Revised 12/24 28.2. When the CMAR considers that the Work, or a designated portion thereof which is acceptable to the Owner, is substantially complete as defined above, the CMAR shall prepare for and submit to the Project Designer and Owner a list of all items which in the CMAR’S opinion are to be completed or corrected and shall attach it to a request in writing that the Project Designer perform a substantial completion inspection. The Owner's occupancy of incomplete Work shall not alter the CMAR’s responsibilities. The Project Designer shall review the CMAR'S list and shall compi le a punch list of items to be corrected and completed. The failure to include any items on such list does not alter the responsibility of the CMAR to complete all Work in accordance with the Contract Documents. 28.3. When the Owner, Project Designer and CMAR, on the basis of an inspection, jointly determine that the Work or designated portion thereof is substantially complete, the Project Designer will then prepare a certificate of substantial completion which shall establish the date of substantial completion, shall state the responsibilities of the Owner and the CMAR for security, maintenance, heat, utilities, damage to the Work, and insurance, and shall signify the beginning of the time within which the CMAR shall complete the items listed therein. Wa rranties required by the Contract 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. 28.4. The certificate of substantial completion shall be submitted to the Owner and the CMAR for their written acceptance of the responsibilities assigned to them in such certificate. Upon substantial completion of the Work or designated portion thereof and upon application by the CMAR and certification by the Project Designer, the Owner shall make payment, except retainage held pursuant to the Contract Documents, for such Work or portion thereof as provided in the Contract Documents. 28.5. The acceptance of substantial completion payment shall constitute a waiver of all claims by the CMAR and its Subcontractors, except those previously made in writing and identified by the CMAR as unsettled at the time the CMAR submits the application for payment for substantial completion, and except for the retained sums due at final acceptance. 28.6. In addition to any and all other indemnification required by this Contract t he CMAR shall indemnify and hold the Owner harmless against any claims by its Subcontractors that are waived because they were not made in writing and identified by the CMAR as unsettled when the CMAR submitted the application for payment for substantial completion. 28.7. The Owner shall have the option to correct or complete any and all punch list items not completed by the CMAR to the satisfaction of the Project Designer and the Owner within forty five (45) days for any GMP package of less than 1 year’s duration and not more than ninety (90) days from the actual date of substantial completion for any GMP package of more than 1 year’s duration by utilizing its own forces or by hiring others. The cost of such correction of remaining punch list items by the Owner or others shall be deducted from the final payment to the CMAR. 28.8. If CMAR does not complete certain punch list items within the required time period, all warranties and guarantees for such incomplete punch list items shall become effective upon CMAR submitting to the Owner and Project Designer certification of the date such items were completed and approval by the Owner’s Representative and Project Designer.. The issuance of the certificate of substantial completion does not indicate final acceptance of the Project by the Owner, and the CMAR is not relieved of any responsibility for the Project except as specifically stated in the certificate of substantial completion. 28.9. Should the Project Designer and the Owner determine that the Work or a designated portion thereof is not substantially complete, they shall provide the CMAR with written notice stating why the Work or designated portion is not substantially complete. The CMAR shall expeditiously complete the Work and shall re-request in writing that the Project Designer perform another substantial Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78