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CITY OF EVERETT SPECIAL PROVISIONS <br /> 1-05.11(3) Operational Testing <br /> It is the intent of the City to have at the Physical Completion Date a complete and <br /> operable system. Therefore when the Work involves the installation of machinery or <br /> other mechanical equipment; street lighting, electrical distribution or signal systems; <br /> irrigation systems; buildings; or other similar work it may be desirable for the Engineer <br /> to have the Contractor operate and test the Work for a period of time after final inspection <br /> but prior to the Physical Completion Date. Whenever items of Work are listed in the <br /> Contract Documents for operational testing they shall be fully tested under operating <br /> conditions for the time period specified to ensure their acceptability prior to the Physical <br /> Completion Date. During and following the test period, the Contractor shall correct any <br /> items of workmanship, materials, or Equipment that prove faulty, or that are not in first <br /> class operating condition. Equipment, electrical controls, meters, or other devices and <br /> Equipment to be tested during this period shall be tested under the observation of the <br /> Engineer, so that the Engineer may determine their suitability for the purpose for which <br /> they were installed. The Physical Completion Date cannot be established until testing <br /> and corrections have been completed to the satisfaction of the Engineer. <br /> The costs for power, gas, labor, material, supplies, and everything else needed to <br /> successfully complete operational testing, shall be included in the unit contract prices <br /> related to the system being tested, unless specifically set forth otherwise in the Proposal. <br /> Operational and test periods, when required by the Engineer, shall not affect a <br /> manufacturer's guaranties or warranties furnished under the terms of the Contract. <br /> 1-05.12 Final Acceptance <br /> Delete all of 1-05.12 and substitute the following: <br /> The Contractor shall perform all the obligations under the Contract before the completion <br /> date can be established. A certificate of completion of the Work issued by the City will <br /> establish the completion date and certify the Work as complete. The following shall <br /> occur before the completion date can be established: <br /> The Final Contract Voucher Certification shall be signed by the Contractor verifying <br /> agreement to the final contract price. <br /> The physical work on the Project shall be complete. <br /> The Contractor shall furnish all documentation required by the Contract and required by <br /> law, necessary to allow the City to certify the Contract as complete. <br /> A certificate of completion for the Work, signed by the City, will constitute acceptance of <br /> the Work. The issuance of this certificate of completion will not constitute acceptance of <br /> unauthorized or defective Work, Equipment, or materials. <br /> The Contractor agrees that neither completion nor final acceptance shall relieve the <br /> Contractor of the responsibility to indemnify, defend, and protect the City against any <br /> claim or loss resulting from the failure of the Contractor, or the Subcontractors or lower <br /> tier subcontractors, to pay all laborers, mechanics, Subcontractors, material persons, or <br /> any other person who provides labor, supplies, or provisions for carrying out the Work <br /> or for any payments required for unemployment compensation under Title 50 RCW or <br /> for industrial insurance and medical aid required under Title 51 RCW. <br /> Failure of the Contractor to perform all of the Contractor's obligations under the Contract <br /> shall not bar the City from unilaterally certifying the Contract complete so the Engineer <br /> may calculate a final contract price as provided in 1-09.9 PAYMENTS. <br /> 1-05.13 Superintendents, Labor and Equipment of Contractor <br /> Delete 1-05.13. <br /> Jackson Park Area Stormwater Separation <br /> WO No T-UP3703 Division 1 —GENERAL REQUIREMENTS September 2020 <br /> SP—67 <br />