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CITY OF EVERETT SPECIAL PROVISIONS Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 WO No – UP3745 SP – 75 a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public. Direct or indirect costs incurred by the City attributable to correcting and remedying defective or unauthorized Work, or Work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of Work of others destroyed or damaged by correction, removal, or replacement of the Contractor’s unauthorized Work. In its sole discretion, the City may retain Work that is not in compliance with the Contract. The City will determine the just and reasonable value for such defective Work and deductions will be made in the payments due or to become due to the Contractor. Final Acceptance will not act as a waiver of the City's right to recover from the Contractor an amount representing the deduction for retention of defective Work. No adjustment in Contract Time or Contract Sum will be allowed because of the Delay in the performance of the Work attributable to the exercise of the City’s rights provided by this section. The rights exercised under the provisions of this section shall not diminish the City’s right to pursue any other avenue for additional remedy or damages with respect to the Contractor’s failure to perform the Work as required. 1-05.10 Guarantees Supplement 1-05.10 by adding the following: The Contractor further warrants to the City, the Engineer and the City's Representative that all materials and Equipment furnished under this Contract will be of highest quality and new unless otherwise specified by the City, free from faults and defects and in conformance with the Contract Documents. All Work not so conforming to these standards shall be considered defective. If required by the City’s Representative, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and Equipment. The Work furnished shall be of first quality and the workmanship shall be the best obtainable in the various trades. The Work shall be of safe, substantial and durable construction in all respects. For a period of 365 calendar days, commencing on the date of Final Acceptance, the Contractor shall, upon the receipt of Notice in writing from the City, promptly make all repairs arising out of defective materials, workmanship, or Equipment at no cost to the City. The City is hereby authorized to make such repairs if, 14 calendar days after giving of such notice to the Contractor, the Contractor has failed to make or undertake the repairs with due diligence. In case of an emergency where, in the opinion of the City, delay could cause serious loss or damage, repairs may be made prior to or concurrent with notice being sent to the Contractor. All costs and expenses incurred by the City in connection with repair or replacement of Contractor’s Work under this Section, including but not limited to the cost of materials, Equipment, other contractor costs, additional staff costs (including overtime), inspection, design and construction management service costs shall be fully reimbursed to the City by the Contractor. "Acceptance of the Work" shall not extinguish any covenant or agreement on the part of the Contractor to be performed or fulfilled under this Contract that has not, in fact, been performed or fulfilled at the time of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled.