Earthwork Solutions, LLC 1/15/2025

Fulton Street Pedestrian Bicycle Corridor PAGE 15 OF 114 CONTRACT FEDERAL AID # TAP-0420(026) WO #3785 September 6, 2024 completion. The Engineer may also establish the Substantial Completion Date 1 unilaterally. 2 3 If, after this inspection, the Engineer concurs with the Contractor that the work is 4 substantially complete and ready for its intended use, the Engineer, by written notice to 5 the Contractor, will set the Substantial Completion Date. If, after this inspection the 6 Engineer does not consider the work substantially complete and ready for its intended 7 use, the Engineer will, by written notice, so notify the Contractor giving the reasons 8 therefor. 9 10 Upon receipt of written notice concurring in or denying substantial completion, whichever 11 is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized 12 interruption, the work necessary to reach Substantial and Physical Completion. The 13 Contractor shall provide the Engineer with a revised schedule indicating when the 14 Contractor expects to reach substantial and physical completion of the work. 15 16 The above process shall be repeated until the Engineer establishes the Substantial 17 Completion Date and the Contractor considers the work physically complete and ready for 18 final inspection. 19 20 1-05.11(2) Final Inspection and Physical Completion Date 21 22 When the Contractor considers the work physically complete and ready for final 23 inspection, the Contractor by written notice, shall request the Engineer to schedule a 24 final inspection. The Engineer will set a date for final inspection. The Engineer and the 25 Contractor will then make a final inspection and the Engineer will notify the Contractor in 26 writing of all particulars in which the final inspection reveals the work incomplete or 27 unacceptable. The Contractor shall immediately take such corrective measures as are 28 necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, 29 diligently, and without interruption until physical completion of the listed deficiencies. This 30 process will continue until the Engineer is satisfied the listed deficiencies have been 31 corrected. 32 33 If action to correct the listed deficiencies is not initiated within 7 days after receipt of the 34 written notice listing the deficiencies, the Engineer may, upon written notice to the 35 Contractor, take whatever steps are necessary to correct those deficiencies pursuant to 36 Section 1-05.7. 37 The Contractor will not be allowed an extension of contract time because of a delay in 38 the performance of the work attributable to the exercise of the Engineer’s right 39 hereunder. 40 41 Upon correction of all deficiencies, the Engineer will notify the Contractor and the 42 Contracting Agency, in writing, of the date upon which the work was considered physically 43 complete. That date shall constitute the Physical Completion Date of the contract, but shall 44 not imply acceptance of the work or that all the obligations of the Contractor under the 45 contract have been fulfilled. 46 47 1-05.11(3) Operational Testing 48 49 It is the intent of the Contracting Agency to have at the Physical Completion Date a 50 complete and operable system. Therefore when the work involves the installation of 51 machinery or other mechanical equipment; street lighting, electrical distribution or signal 52