Faber Construction Corporation 4/23/2025

CITY OF EVERETT SPECIAL PROVISIONS LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 WO No – UP3529 SP – 66 14 calendar days after giving of such notice to the Contractor, the Contractor has failed to make or undertake the repairs with due diligence. In case of an emergency where, in the opinion of the City, delay could cause serious loss or damage, repairs may be made prior to or concurrent with notice being sent to the Contractor. All costs and expenses incurred by the City in connection with repair or replacement of Contractor’s Work under this Section, including but not limited to the cost of materials, Equipment, other contractor costs, additional staff costs (including overtime), inspection, design and construction management service costs shall be fully reimbursed to the City by the Contractor. "Acceptance of the Work" shall not extinguish any covenant or agreement on the part of the Contractor to be performed or fulfilled under this Contract that has not, in fact, been performed or fulfilled at the time of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled. The City and the Contractor agree that the guarantee on the completed portions of the Work possessed and used by the City shall commence as to those portions on the date that the City takes possession of those portions and so notifies the Contractor in writing. City and Contractor further agree that such taking possession and use shall not be deemed as acceptance of the Work. Takeover of completed portions of the Work shall be at the City's option and will not be made until the Work can be put into routine service on a permanent basis. The guarantee provided herein shall be in addition to those specific guarantee or warranty requirements for particular Equipment or Work items, or both, as indicated in the Specifications and Special Provisions. 1-05.11 Final Inspection Delete 1-05.11 and substitute the following: 1-05.11 Final Inspections and Operational Testing (******) 1-05.11(1) Substantial Completion Date When the Contractor considers the Work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Contractor’s request shall list the specific items of Work that remain to be completed in order to reach physical completion. The Engineer will schedule an inspection of the Work with the Contractor to determine the status of completion. The Engineer may also establish the Substantial Completion Date unilaterally. If, after this inspection, the Engineer concurs with the Contractor that the Work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion Date. If, after this inspection the Engineer does not consider the Work substantially complete and ready for its intended use, the Engineer will, by written notice, so notify the Contractor giving the reasons therefor. Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the Work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the Work. The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the Work physically complete and ready for final inspection.