A-1 Landscaping and Construction, Inc. 7/20/2016

I 1 Contracting Agency, in writing, of the date upon which the work was considered 2 physically complete. That date shall constitute the Physical Completion Date of the 3 contract, but shall not imply acceptance of the work or that all the obligations of the 4 Contractor under the contract have been fulfilled. 15 6 1-05.11(3) Operational Testing 7 I 8 It is the intent of the Contracting Agency to have at the Physical Completion Date a 9 complete and operable system. Therefore when the work involves the installation of 10 machinery or other mechanical equipment; street lighting, electrical distribution or signal 11 systems; irrigation systems; buildings; or other similar work it may be desirable for the 12 Engineer to have the Contractor operate and test the work for a period of time after final 13 inspection but prior to the physical completion date. Whenever items of work are listed in I 14 the Contract Provisions for operational testing they shall be fully tested under operating 15 conditions for the time period specified to ensure their acceptability prior to the Physical 16 Completion Date. During and following the test period, the Contractor shall correct any 17 items of workmanship, materials, or equipment which prove faulty, or that are not in first 18 class operating condition. Equipment, electrical controls, meters, or other devices and 19 equipment to be tested during this period shall be tested under the observation of the 20 Engineer, so that the Engineer may determine their suitability for the purpose for which I 21 they were installed. The Physical Completion Date cannot be established until testing 22 and corrections have been completed to the satisfaction of the Engineer. 23 I 24 The costs for power, gas, labor, material, supplies, and everything else needed to 25 successfully complete operational testing, shall be included in the unit contract prices 26 related to the system being tested, unless specifically set forth otherwise in the proposal. I 27 28 Operational and test periods, when required by the Engineer, shall not affect a 29 manufacturer's guaranties or warranties furnished under the terms of the contract. I 30 31 1-05.12 Final Acceptance 32 Section 1-05.12 is modified to read as follows: 33 34 The Contractor must perform all the obligations under the contract before the completion 35 date can be established. A certificate of completion of the work issued by the City will 36 establish the completion date and certify the work as complete. The following must I 37 occur before the completion date can be established: 38 1. The Final Contract Voucher Certification must be signed by the Contractor 39 verifying agreement to the final contract price. I 40 2. The physical work on the project must be complete. 41 3. The Contractor must furnish all documentation required by the Contract and 42 required by law, necessary to allow the City to certify the contract as complete. I 43 44 A certificate of completion for the work, signed by the City, will constitute acceptance of 45 the work. The issuance of this certificate of completion will not constitute acceptance of I 46 unauthorized or defective work or material. 47 48 The Contractor agrees that neither completion nor final acceptance shall relieve the 49 Contractor of the responsibility to indemnify, defend, and protect the City against any I50 claim or loss resulting from the failure of the Contractor (or the subcontractors or lower 51 tier subcontractors) to pay all laborers, mechanics, subcontractors, material persons, or 52 any other person who provides labor, supplies, or provisions for carrying out the work or I53 for any payments required for unemployment compensation under Title 50 RCW or for IRIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 33