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Page | 32 <br />Revised 12/24 <br /> <br />completion inspection. Costs, if any, associated with such re -inspection shall be assessed to the <br />CMAR at the rates specified in the Project Designer’s contract. <br /> <br />29. PARTIAL UTILIZATION/BENEFICIAL OCCUPANCY <br /> <br />29.1. The Owner may desire to occupy or utilize all or a portion of the Project when the Work for that <br />portion is substantially complete. <br /> <br />29.2. Prior to the final payment, the Owner may request the CMAR in writing, through the Project <br />Designer if applicable, to permit the Owner to use a specified part of the Project which the Owner <br />believes it may use without significant interference with construction of the other parts of the <br />Project. If the CMAR agrees, the Project Designer will schedule a beneficial occupancy inspection <br />after which the Project Designer may issue a certificate of substantial completion. The certific ate <br />shall include the following documentation: <br /> <br />29.2.1. Date of substantial completion. <br /> <br />29.2.2. A tentative list of items to be completed or corrected before final payment. <br /> <br />29.2.3. Establishing responsibility between the CMAR and Owner for maintenance, heat, utilities <br />and insurance. <br /> <br />29.2.4. Establishing the date for guarantees and warranties under the terms of the Contract. <br /> <br />29.2.5. Consent of surety. <br /> <br />29.2.6. Endorsement from the CMAR’S insurance company permitting occupancy shall not be a <br />condition precedent to the Owner’s occupancy of a part or parts of the Project, but may be <br />requested by the Owner in its discretion. <br /> <br />29.3. The Owner shall have the right to exclude the CMAR from any part of the Project which the <br />Project Designer has so certified to be substantially complete, but the Owner will allow the CMAR <br />reasonable access to complete or correct Work to bring it into compliance with the Contract. <br />Contractors allowed to Work in substantially complete and occupied areas shall clean up afte r their <br />operations daily or be subject to back charges therefor. Occupancy by the Owner under this article <br />will in no way relieve the CMAR from its contractual requirement to complete the Project within <br />the specified time. <br /> <br />30. FINAL INSPECTION, ACCEPTANCE, AND PROJECT CLOSEOUT <br /> <br />30.1. The CMAR is responsible for the close out requirements under the Contract. The CMAR is to <br />Work closely with the Owner as to the procedures and schedule for contract close -out and the <br />related contractual obligations. <br />30.2. The CMAR is to Work closely with the Owner’s building commissioning agent or agents <br />throughout the design, construction, and close-out phases of the Project. <br />30.3. Upon notification from the CMAR that the Project is complete and ready for inspection, the Project <br />Designer shall make a preliminary final inspection to verify that the Project is complete and ready <br />for final inspection. Prior to final inspection, the CMAR shall complete all items requiring <br />corrective measures noted at the preliminary inspection. The Project Designer shall schedule a final <br />inspection at a time and date acceptable to the Owner and the CMAR. <br /> <br />30.4. At the final inspection, the Project Designer shall, if job conditions warrant, record a list of items <br />that are found to be incomplete or not in accordance with the Construction Documents. At the <br />conclusion of the final inspection, the Project Designer shall make the following determinations: <br />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78