PURPOSE
The City has the right to utilize or place into service any item of equipment or other usable portion of the work prior to completion of the entire project. This is known as Partial Acceptance (in the past, other terms, such as Beneficial Use or Beneficial Occupancy have been used to mean Partial Acceptance). When the work has been partially completed, the City may choose to put a part of it into service. At that time, an inspection, known as a Partial Final Inspection, is conducted and upon completion of the Partial Final Inspection Correction List, a Statement of Partial Completion is issued. This will enable the Contractor to request release of retention on the portion of the work for which a Statement of Partial Completion has been issued, subject to fulfillment of certain conditions as required by the contract documents. The purpose of this Procedure is to define and establish the process for Partial Acceptance.
REFERENCES
N/A
RESPONSIBILITIES
Client Agency: If a Client Agency (such as GSD, R&P, Police, Sanitation, etc.) decides to take Partial Acceptance of a portion of a project prior to all contract work being completed, the Client can request the CM to notify the Contractor of their intent. After the issuance of the Statement of Partial Completion, the Client is responsible for the operation, protection, and maintenance of all such portions of the work and the manufacturer’s warranties, of any equipment that is part of the partial completion, will commence.
Construction Manager (CM): The CM is responsible for notifying the Contractor of the Client's request for Partial Acceptance, defining the portion of the project to be completed with input from the Lead Inspector and any other required parties, assisting with the preparation of the Partial Inspection Correction List (Attachment 22.1-3), preparing the Partial Completion Recommendation (Attachment 22.1-2), and participating in any required re-inspection. The CM should also consider inviting representatives from the Designer to look at the project before Partial Acceptance is taken.
Bureau of Contract Administration (BCA): BCA is responsible for conducting the Partial Final Inspection, issuing a Partial Inspection Correction List (Attachment 22.1-3) and verifying the correction of any required items on the list, and issuing a Statement of Partial Completion (Attachment 22.1-4) when all required work is completed. BCA is also responsible for writing the final acceptance Board Report for the project when all work is completed and accepted by the Inspector of Public Works.
Contractor: The Contractor is responsible for the care and maintenance of all items or portions of the work until a Statement of Partial Completion (Attachment 22.1-4) is issued.
PROCEDURE
Following is a description of the major steps required to obtain Partial Acceptance of a portion of the work prior to completion of the entire project depicted in the attached flowchart (Attachment 22.1-1):
Whenever the City plans to exercise its right to utilize or place into service any item, equipment, or usable portion of the work, the Contractor will be notified in writing by the CM identifying the specific portion or portions of the work to be so utilized or otherwise placed into service. Following inspection by BCA’s Final Inspector, the establishment of a Partial Inspection Correction List (Attachment 22.1-3) and verification of the correction of all required items, a Statement of Partial Completion (Attachment 22.1-4) will be issued by the Final Inspector. The exact limits of the work to be placed into use must be clearly noted in the Statement of Partial Completion. The items on the Partial Inspection Correction List (Attachment 22.1-3) should be designated as to whether or not they must be completed prior to Partial Acceptance. The Correction List must be comprehensive and detailed. The City may not be able to enforce completion or correction of incomplete or non-conforming work if it is not included in the Correction List.
The CM must make it clear to the Contractor that until a Statement of Partial Completion (Attachment 22.1-4) is issued, all responsibility for the care and maintenance of all items or portions of work to be placed into use shall be borne by the Contractor. Upon issuance of a Statement of Partial Completion (Attachment 22.1-4), the City will accept responsibility for the protection and maintenance of all such items or portions of the work described in the written notice and it is further understood that the manufacturer’s warranties on any affected equipment will commence on the date indicated on the Statement of Partial Completion (Attachment 22.1-4). No portion of the work will be accepted by the Client until all required vendor training and associated Operations and Maintenance (O&M) manuals are provided by the Contractor.
The Contractor retains full responsibility for satisfactory operation of the total project and the Contractor’s guarantee period shall commence only after all work is completed and a Statement of Completion is issued by the City. Such guarantee of total systems operation shall include that portion or portions previously accepted by the City.
The issuance of a Statement of Partial Completion (Attachment 22.1-4) for any part of the work shall not relieve the Contractor of its obligation to promptly remedy any latent defects in the work covered by the Statement of Partial Completion (Attachment 22.1-4). The City has the right to restrict the Contractor’s use of the occupied portion of the work but should allow the Contractor reasonable access to complete or correct items required by the Contract Documents.
BCA may, if the work is progressing satisfactorily and after consulting with the CM, release part of the retention on portions of the work for which a Statement of Partial Completion (Attachment 22.1-4) has been issued, if the following conditions have been met:
Partial Final Inspection Correction List (Attachment 22.1-3) has been completed and only minor corrections remain which do not impact the usefulness of the work to be placed into service.
The Contractor submits a written request for release of retention that includes a verifiable breakdown of costs.
The impacted Subcontractors, major Suppliers and Contractor’s Surety all agree in writing to the release of retention.
One and one-half times the value of the remaining cleanup items are retained on each request for release.
RELATED PROCEDURES
N/A
Comments