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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> I <br /> irrigation systems; buildings; or other similar work it may be desirable for the Engineer <br /> I to have the Contractor operate and test the Work for a period of time after final <br /> inspection but prior to the Physical Completion Date. Whenever items of Work are <br /> listed in the Contract Documents for operational testing they shall be fully tested under <br /> I operating conditions for the time period specified to ensure their acceptability prior to <br /> the Physical Completion Date. During and following the test period, the Contractor <br /> shall correct any items of workmanship, materials, or Equipment that prove faulty, or <br /> I that are not in first class operating condition. Equipment, electrical controls, meters, or <br /> other devices and Equipment to be tested during this period shall be tested under the <br /> observation of the Engineer, so that the Engineer may determine their suitability for the <br /> purpose for which they were installed. The Physical Completion Date cannot be <br /> I established until testing and corrections have been completed to the satisfaction of the <br /> Engineer. <br /> The costs for power, gas, labor, material, supplies, and everything else needed to <br /> Isuccessfully complete operational testing, shall be included in the unit contract prices <br /> related to the system being tested, unless specifically set forth otherwise in the <br /> Proposal. <br /> IOperational and test periods, when required by the Engineer, shall not affect a <br /> manufacturer's guaranties or warranties furnished under the terms of the Contract. <br /> I 1-05.12 Final Acceptance <br /> Delete all of 1-05.12 and substitute the following: <br /> The Contractor shall perform all the obligations under the Contract before the <br /> I completion date can be established. A certificate of completion of the Work issued by <br /> the City will establish the completion date and certify the Work as complete. The <br /> following shall occur before the completion date can be established: <br /> I The Final Contract Voucher Certification shall be signed by the Contractor verifying <br /> agreement to the final contract price. <br /> The physical work on the Project shall be complete. <br /> I The Contractor shall furnish all documentation required by the Contract and required <br /> by law, necessary to allow the City to certify the Contract as complete. <br /> A certificate of completion for the Work, signed by the City, will constitute acceptance <br /> I of the Work. The issuance of this certificate of completion will not constitute <br /> acceptance of unauthorized or defective Work, Equipment, or materials. <br /> The Contractor agrees that neither completion nor final acceptance shall relieve the <br /> I Contractor of the responsibility to indemnify, defend, and protect the City against any <br /> claim or loss resulting from the failure of the Contractor, or the Subcontractors or lower <br /> tier subcontractors, to pay all laborers, mechanics, Subcontractors, material persons, <br /> I or any other person who provides labor, supplies, or provisions for carrying out the <br /> Work or for any payments required for unemployment compensation under Title 50 <br /> RCW or for industrial insurance and medical aid required under Title 51 RCW. <br /> I Failure of the Contractor to perform all of the Contractor's obligations under the <br /> Contract shall not bar the City from unilaterally certifying the Contract complete so the <br /> Engineer may calculate a final contract price as provided in 1-09.9 PAYMENTS. <br /> 1 1-05.13 Superintendents, Labor and Equipment of Contractor <br /> Delete 1-05.13. <br /> 1 Sewer Regulators R4 and Division 1 -GENERAL REQUIREMENTS May 2017 <br /> R39 Modifications <br /> 1 WO No-UP3633 SP-69 <br />