Weber Construction Inc 8/28/2019

' City of Everett 00 7200 -22 Diversion Dam Road Phase 3 UT 3707 & UT 3708 ' 5.7. SUBSTANTIAL COMPLETION When the Contractor considers the Work to be Substantially Complete and ready for its intended use, it shall give Notice to the Owner's Representative. The Notice shall include an ' itemized list of remaining incomplete Work. If the Owner's Representative determine the Work is not substantially complete, the Contractor will be notified in writing, identifying the reasons for such a determination. If the Owner's Representatives find the Work substantially complete, he or she will meet with the Contractor to (1) prepare a Punch List of incomplete items of Work; (2) ' define the division of responsibility between Owner and Contractor with respect to security, operation, maintenance, heat, utilities, insurance, and warranties; and (3) describe any other issues related to acceptance of the substantially completed Work. If the Owner's Representative is not an employee of the Owner, the Owner's Representative will write to the Owner upon reaching agreement with the Contractor, certifying that the Work is substantially complete, listing the items of incomplete Work, stating the date for completion of ' incomplete Work, defining the division of responsibilities, and setting forth any other terms related to acceptance. In such event, the Owner will review the Owner's Representative's certification that the Work is substantially complete. If the Owner concurs, the Owner will notify ' the Contractor in writing that the Work is accepted as substantially complete. Except for any portion(s) of Work specified for early completion or required by the Owner for early possession, Substantial Completion will not occur for any Work until the entire Project is ready for possession and use. The acceptance notice will include a Punch List of incomplete Work items ' and corrective Work, set the date for their completion and repair, describe the division of responsibility between the Owner and Contractor, and describe any other terms of acceptance. The Contractor will acknowledge receipt of the acceptance notice in writing, indicating ' acceptance of all of its terms and provisions. Subsequent to the Substantial Completion date, the Owner may exclude the Contractor from the Work during such periods when construction activities might interfere with the intended ' operation of the Project. The Owner, however, shall allow the Contractor reasonable access for completion or correction of incomplete Punch List items. ' 5.8. ACCEPTANCE OF WORK Upon completion of the Project, including, but not limited to, record drawings, as-builts, required reports and operations and maintenance manuals, the Contractor shall so notify the Owner's Representative in writing. Upon receipt of the notification, the Owner's Representative will promptly, by personal inspection, determine the actual status of the Work in accordance with the terms of the Contract. If the Owner's Representative finds materials, Equipment, or workmanship that do not meet the terms of the Contract, he or she will prepare a Punch List of ' such items and submit it to the Contractor. Following completion of the corrective Work by the Contractor, the Owner's Representative will notify the Owner that the Work has been completed in accordance with the Contract. The Owner shall make the final determination of acceptability and completion. For portions of the Project not previously accepted as substantially complete, the conditions of guarantee shall commence on the date that the Owner determines the Project is complete. ' 6. CHANGES 6.1 OWNER'S RIGHT TO DIRECT CHANGES TO THE WORK ' The Owner reserves the right to change the Work at any time. Such changes shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the Work as changed. Among others, these changes and alterations may include: 00 7200-22 GENERAL CONDITIONS