Construction Completion Certificates, Maintenance, and Final Acceptance Certificate
1. The City shall issue a construction completion certificate for each of the following categories of improvements repaired, reconstructed or restored by the Company, namely;
(a) Sanitary and storm sewers including catch basin leads,
(b) Water distribution system including service connections for water and sewer,
(c) Lanes,
(d) Sidewalks, curbs and gutters, and catch basins,
(e) Paved roads,
(f) Concrete walkways,
(g) Landscaping of walkways and boulevard construction,
(h) Electrical distribution, main distribution feeders, street lighting and walkway lighting systems including service connections for power,
(i) Telephone and cable television systems, and
(j) Storm Water Management Drainage System.
2. The Company, upon repair, reconstruction or restoration of each category of the above improvement pursuant to Article 2.1, shall make application to the Engineer for the issuance of a construction completion certificate and the Engineer, shall, within thirty days,
(a) issue a construction completion certificate if satisfied upon inspection that the improvement has been constructed and installed in accordance with plans and specifications and is operational within the whole of the development area, or
(b) shall notify the Company in writing of all defects or deficiencies in construction of the improvement,
(c) notify the Company in writing of all terms, conditions and provisos required to be observed or performed by the Company prior to the issuance of a certificate.
Where the improvement is completely constructed to the boundaries of the excavation site, but is not operational due to deficiencies existing outside the said area, the Engineer shall issue a construction completion certificate within the thirty-day period, notwithstanding the non-operational condition of the improvement. If the Engineer fails to issue the construction completion certificate or notify the Company of the cause thereof, the improvement shall be deemed to have been completed in accordance with the plans and specifications and to be operational, and the maintenance period shall commence upon the expiration of the thirty day period.
3. Where minor defects exist within the municipal improvement which, in the opinion of the Engineer, do not impair the operation of the improvement, and which need not be rectified immediately, the Company may make application for a construction completion certificate in accordance with clause 2 above, and the provisions thereof shall apply providing that the Company:
(a) submits a detailed list of all such defects, and
(b) submits an undertaking in writing to rectify all such defects within six months of the date of such application.
4. If the municipal improvement does not comply with the plans and specifications, or is not operational, or the Company has failed to comply with any term hereof, the Company shall correct all the defects and deficiencies in the improvement or comply with the terms hereof, as the case may be, and shall resubmit his application for a construction completion certificate in accordance with clause 2 above.
5. For the purposes of this Article, sewers and water distribution systems shall not be deemed to be operational unless they are free of all obstructions and foreign material including, but not restricted to rocks, silt and gravel, and the water system has been inspected, pressure tested, and sterilized to the satisfaction of the Engineer.
6. From and after the date of issuance of a Construction Certificate, the Company shall maintain the improvements constructed and installed by it to the same standard as the City maintains such improvements in other areas within the City after the issuance of the Final Acceptance Certificate. In default of the Company maintaining the improvement to the approval of the Engineer, the City, acting reasonably, at the sole cost and expense of the Company, shall be entitled to maintain as aforesaid the improvement or cause the improvement to be so maintained.
7. The Company shall, not later than six months prior to the expiration of the maintenance period for each municipal improvement, provide to the City "as constructed" drawings of each improvement. In the event that the Company fails to provide "as constructed" drawings as herein required, the Final Acceptance Certificate shall not be issued until six months have elapsed subsequent to the date of the submission of the "as constructed" drawings; provided further that the Final Acceptance Certificate shall not be issued prior to expiration of the maintenance period and "as constructed" drawing approval, which approval shall not be unreasonably withheld.
8. The Company shall submit an application for a final acceptance certificate to the Engineer not earlier than 60 days prior to the expiration of the maintenance period for the improvement. The Engineer shall, within sixty days of receipt of such application:
(a) issue a final acceptance certificate if satisfied upon inspection that the improvement has been maintained as herein required, or
(b) notify the Company in writing of all defects or deficiencies in the improvement or maintenance thereof, and
(c) notify the Company in writing of all terms, conditions and provisos required to be observed or performed by the Developer prior to the issuance of a certificate.