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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-33 <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. <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.