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CITY OF EVERETT SPECIAL PROVISIONS <br />3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 <br />WO No – UP3775 SP – 62 <br />Contractor shall furnish satisfactory evidence as to the kind and quality of materials and <br />Equipment. <br />The Work furnished shall be of first quality and the workmanship shall be the best <br />obtainable in the various trades. The Work shall be of safe, substantial and durable <br />construction in all respects. For a period of 365 calendar days, commencing on the date <br />of Final Acceptance, the Contractor shall, upon the receipt of Notice in writing from the <br />City, promptly make all repairs arising out of defective materials, workmanship, or <br />Equipment at no cost to the City. The City is hereby authorized to make such repairs if, <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 costs and expenses <br />incurred by the City in connection with repair or replacement of Contractor’s Work under <br />this Section, including but not limited to the cost of materials, Equipment, other <br />contractor costs, additional staff costs (including overtime), inspection, design and <br />construction management service costs shall be fully reimbursed to the City by the <br />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.