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change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right of way issues, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of Contractor's operations, or other such events, forces or factors sometimes experienced in highway construction work. Such delays or events and their potential impacts on performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this contract, and shall not extend the Original Agreement Time for purposes of calculation of the "incentive payment" set forth above. Further, any and all costs or impacts whatsoever incurred by the Contractor in accelerating the Contractor's work to overcome or absorb such delays or events in an effort to complete the Contract prior to expiration of the Original Agreement Time, regardless of whether the Contractor successfully does so or not, shall be the sole responsibility of the Contractor in every instance. 5.47.3 In the event of a catastrophic event (i.e., hurricane or a declared state of emergency) directly and substantially affecting the Contractor's operations on the Agreement, the Contractor and the City shall agree as to the number of calendar days to extend the Original Agreement Time so that such extended Original Agreement Time will be used in calculation of the "incentive payment". In the event the Contractor and City are unable to agree to the number of calendar days to extend the Original Agreement Time, the City shall unilaterally determine the number of calendar days to extend the Original Agreement Time reasonably necessary and due solely to such catastrophic event and the Contractor shall have no right whatsoever to contest such determination, save and except that the Contractor establishes the number of calendar days determined by the City were arbitrary or without any reasonable basis. 5.48. Guarantee: The Contractor shall guarantee and unconditionally warranty through either the manufacturer or the Contractor directly, all materials and equipment furnished and Work performed for a period of one and one half years (1-1/2) from the date of Final Acceptance as indicated in the Consultant's Letter of Recommendation of Acceptance. The City will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to promptly correct such defective or non-conforming Work, the City may cause the defective Work to be removed or corrected at the Contractor's expense, and the City may charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 5.48.1 The specific warranty periods listed in the Contract Documents, if different from the period of time listed above shall be applicable. 5.49. Substantial Completion: When Contractor considers the entire Work ready for its intended use Contractor shall notify City and Consultant in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Consultant issue a letter of Substantial Completion. Promptly after Contractor's notification, City, Contractor, and Consultant shall make an inspection of the Work to determine the status of completion. If Consultant does not consider the Work substantially complete, Consultant will notify Contractor in writing giving the reasons therefore. If Consultant considers the Work substantially complete, Consultant will deliver to City a tentative letter of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the letter a punch list of items to be completed or corrected before final payment. 5.49.1 Partial Utilization: Prior to Substantial Completion of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, Consultant, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions. PAGE 31 OF 130 BID No. 08-10-01