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CITY OF EVERETT SPECIAL PROVISIONS Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 WO No – UP3745 SP – 77 Contractor, take whatever steps are necessary to correct those deficiencies pursuant to 1-05.7 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK. The Contractor will not be allowed an extension of Contract Time because of a Delay in the performance of the Work attributable to the exercise of the Engineer’s right under the authority of the Contract. Upon correction of all deficiencies, the Engineer will notify the Contractor and the City, in writing, of the date upon which the Work was considered physically complete. That date shall constitute the Physical Completion Date of the Contract, but shall not imply acceptance of the Work or that all the obligations of the Contractor under the Contract have been fulfilled. 1-05.11(3) Operational Testing It is the intent of the City to have at the Physical Completion Date a complete and operable system. Therefore when the Work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar work it may be desirable for the Engineer to have the Contractor operate and test the Work for a period of time after final inspection but prior to the Physical Completion Date. Whenever items of Work are listed in the Contract Documents for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or Equipment that prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and Equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the Proposal. Operational and test periods, when required by the Engineer, shall not affect a manufacturer’s guaranties or warranties furnished under the terms of the Contract. 1-05.12 Final Acceptance Delete all of 1-05.12 and substitute the following: The Contractor shall perform all the obligations under the Contract before the completion date can be established. A certificate of completion of the Work issued by the City will establish the completion date and certify the Work as complete. The following shall occur before the completion date can be established: The Final Contract Voucher Certification shall be signed by the Contractor verifying agreement to the final contract price. The physical work on the Project shall be complete. The Contractor shall furnish all documentation required by the Contract and required by law, necessary to allow the City to certify the Contract as complete. A certificate of completion for the Work, signed by the City, will constitute acceptance of the Work. The issuance of this certificate of completion will not constitute acceptance of unauthorized or defective Work, Equipment, or materials. The Contractor agrees that neither completion nor final acceptance shall relieve the Contractor of the responsibility to indemnify, defend, and protect the City against any claim or loss resulting from the failure of the Contractor, or the Subcontractors or lower