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CITY OF EVERETT SPECIAL PROVISIONS <br /> 14 calendar days after giving of such Notice to the Contractor, the Contractor has failed <br /> to make or undertake the repairs with due diligence. In case of an emergency where, in <br /> the opinion of the City, delay could cause serious loss or damage, repairs may be made <br /> prior to or concurrent with Notice being sent to the Contractor. All expenses in <br /> connection with such repairs will be charged to the Contractor. <br /> "Acceptance of the Work" shall not extinguish any covenant or agreement on the part of <br /> the Contractor to be performed or fulfilled under this Contract that has not, in fact, been <br /> performed or fulfilled at the time of such acceptance. All covenants and agreements <br /> shall continue to be binding on the Contractor until they have been fulfilled. <br /> The City and the Contractor agree that the guarantee on the completed portions of the <br /> Work possessed and used by the City shall commence as to those portions on the date <br /> that the City takes possession of those portions and so notifies the Contractor in writing. <br /> City and Contractor further agree that such taking possession and use shall not be <br /> deemed as acceptance of the Work. Takeover of completed portions of the Work shall <br /> be at the City's option and will not be made until the Work can be put into routine service <br /> on a permanent basis. <br /> The guarantee provided herein shall be in addition to those specific guarantee or <br /> warranty requirements for particular Equipment or Work items, or both, as indicated in <br /> the Specifications and Special Provisions. <br /> 1-05.11 Final Inspection <br /> Delete 1-05.11 and substitute the following: <br /> 1-05.11 Final Inspections and Operational Testing <br /> (******) <br /> 1-05.11(1) Substantial Completion Date <br /> When the Contractor considers the Work to be substantially complete, the Contractor <br /> shall so notify the Engineer and request the Engineer establish the Substantial <br /> Completion Date. The Contractor's request shall list the specific items of Work that <br /> remain to be completed in order to reach physical completion. The Engineer will <br /> schedule an inspection of the Work with the Contractor to determine the status of <br /> completion. The Engineer may also establish the Substantial Completion Date <br /> unilaterally. <br /> If, after this inspection, the Engineer concurs with the Contractor that the Work is <br /> substantially complete and ready for its intended use, the Engineer, by written notice to <br /> the Contractor, will set the Substantial Completion Date. If, after this inspection the <br /> Engineer does not consider the Work substantially complete and ready for its intended <br /> use, the Engineer will, by written notice, so notify the Contractor giving the reasons <br /> therefor. <br /> Upon receipt of written notice concurring in or denying substantial completion, whichever <br /> is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized <br /> interruption, the Work necessary to reach Substantial and Physical Completion. The <br /> Contractor shall provide the Engineer with a revised schedule indicating when the <br /> Contractor expects to reach substantial and physical completion of the Work. <br /> The above process shall be repeated until the Engineer establishes the Substantial <br /> Completion Date and the Contractor considers the Work physically complete and ready <br /> for final inspection. <br /> 1-05.11(2) Final Inspection and Physical Completion Date <br /> When the Contractor considers the Work physically complete and ready for final <br /> inspection, the Contractor, by written Notice, shall request the Engineer to schedule a <br /> Shore Avenue Force Main Division 1 -GENERAL REQUIREMENTS February 24, 2022 <br /> WO No-UP3734 SP-60 <br />