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CITY OF EVERETT SPECIAL PROVISIONS <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 three hundred sixty-five (365) calendar <br /> days, commencing on the date of Final Acceptance, the Contractor shall, upon the <br /> 1 receipt of Notice in writing from the City, promptly make all repairs arising out of <br /> defective materials, workmanship, or Equipment at no cost to the City. The City is <br /> hereby authorized to make such repairs if, fourteen (14) calendar days after giving of <br /> such Notice to the Contractor, the Contractor has failed to make or undertake the <br /> repairs with due diligence. In case of an emergency where, in the opinion of the City. <br /> delay could cause serious loss or damage, repairs may be made prior to or concurrent <br /> with Notice being sent to the Contractor. Ali expenses in connection with such repairs <br /> will be charged to the Contractor. <br /> "Acceptance of the Work" shall not extinguish any covenant or agreement on the part <br /> of the Contractor to be performed or fulfilled under this Contract that has not, in fact, <br /> been performed or fulfilled at the time of such acceptance. All covenants and <br /> agreements shall continue to be binding on the Contractor until they have been <br /> 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 <br /> date that the City takes possession of those portions and so notifies the Contractor in <br /> 1 writing. City and Contractor further agree that such taking possession and use shall <br /> not be deemed as acceptance of the Work. Takeover of completed portions of the <br /> Work shall be at the City's option and will not be made until the Work can be put into <br /> 1 routine service 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 /> therefore. <br /> Upon receipt of written notice concurring in or denying substantial completion, <br /> whichever is applicable, the Contractor shall pursue vigorously, diligently and without <br /> Water Main Replacement"Q" Division 1 -GENERAL CONDITIONS July 8, 2016 <br /> -Broadway <br /> WO No.-UP3612 SP -61 <br /> I <br />