American Process Group LLC 10/31/2023

City of Everett 00 7200 - 30 2024 WPCF Biosolids Removal UT 3826-2 00 7200 - 30 GENERAL CONDITIONS 8.9. GUARANTEE The Contractor warrants to the Owner that all materials and Equipment furnished under this Contract will be of highest quality and new unless otherwise specified by the Owner, 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 Owner’s Representative, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and Equipment. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. "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. The Owner and the Contractor agree that the guarantee on the completed portions of the Work possessed and used by the Owner shall commence as to those portions on the date that the Owner takes possession of those portions and so notifies the Contractor in writing. Owner and Contractor further agree that such taking possession and use shall not be deemed as acceptance of the Work. Takeover of completed portions of the Work shall be at the Owner's option and will not be made until the Work can be put into routine service on a permanent basis. The guarantee provided in this section 8.9 shall be in addition to those specific guarantee or warranty requirements for particular Equipment and Work items as indicated in the Specifications. 8.10. CORRECTION PERIOD If within one year after the date of Substantial Completion, or such longer period of time as may be prescribed by the terms of any applicable special guarantee or warranty required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damage to the land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 8.6.6. is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. repair such damaged land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting there from. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where Delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of Work of others) will be paid by Contractor. The Owner is hereby authorized to make such repairs if, ten (10) 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 Owner, Delay could cause serious loss or damage, repairs may be made prior to or concurrent with notice being sent to the Contractor. All expenses in connection with such repairs will be charged to the Contractor.