Rodarte Construction Inc Everett Station Parking Expansion

I 1 in particular, but without limitation, compensation for additional professional services 1 2 required, and costs for repair and replacement of Work of others destroyed or damaged by 3 correction, removal, or replacement of the Contractor's unauthorized Work. I 4 5 No adjustment in Contract Time or compensation will be allowed because of the delay in 6 the performance of the Work attributable to the exercise of the Contracting Agency's rights I 7 provided by this Section. 8 9 The rights exercised under the provisions of this Section shall not diminish the Contracting 10 Agency's right to pursue any other avenue for additional remedy or damages with respect I 11 to the Contractor's failure to perform the Work as required. 12 13 1-05.10 Guarantees I 14 Section 1-05.10 is modified by adding the following: 15 16 The Contractor warrants to the City, the City's Representative and/or City's Representative I 17 that all materials and Equipment furnished under this Contract will be of highest quality and 18 new unless otherwise specified by the City, free from faults and defects and in conformance 19 with the Contract Documents. All Work not so conforming to these standards shall be 20 considered defective. If required by the City's Representative, the Contractor shall furnish I 21 satisfactory evidence as to the kind and quality of materials and Equipment. 22 23 The Work furnished must be of first quality and the workmanship must be the best I 24 obtainable in the various trades. The Work must be of safe, substantial and durable 25 construction in all respects. For a period of three hundred sixty-five (365) days, 26 commencing on the date of Final Acceptance, the Contractor shall, upon the receipt of I 27 Notice in writing from the City, promptly make all repairs arising out of defective materials, 28 workmanship, or Equipment at no cost to the City. The City is hereby authorized to make 29 such repairs if, ten (10) days after giving of such Notice to the Contractor, the Contractor 30 has failed to make or undertake the repairs with due diligence. In case of an emergency I 31 where, in the opinion of the City, delay could cause serious loss or damage, repairs may be 32 made prior to or concurrent with Notice being sent to the Contractor. All expenses in 33 connection with such repairs will be charged to the Contractor. I 34 35 "Acceptance of the Work" shall not extinguish any covenant or agreement on the part of the 36 Contractor to be performed or fulfilled under this Contract that has not, in fact, been I 37 performed or fulfilled at the time of such acceptance. All covenants and agreements shall 38 continue to be binding on the Contractor until they have been fulfilled. 39 40 The City and the Contractor agree that the guarantee on the completed portions of the I 41 Work possessed and used by the City shall commence as to those portions on the date that 42 the City takes possession of those portions and so notifies the Contractor in writing. The 43 City and the Contractor further agree that such taking possession and use shall not be I 44 deemed as acceptance of the Work. Takeover of completed portions of the Work shall be 45 at the City's option and will not be made until the Work can be put into routine service on a 46 permanent basis. I 47 48 The guarantee provided herein shall be in addition to those specific guarantee or warranty 49 requirements for particular Equipment and/or Work items as indicated in the Specifications. 50 I City of Everett Page SP1-26 Special Provisions I Everett Station 80 Stall Parking Expansion June 2019