A-1 Landscaping and Construction, Inc. 7/20/2016

I 1 damaged by correction, removal, or replacement of the Contractor's unauthorized work. I 2 3 No adjustment in contract time or compensation will be allowed because of the delay in 4 the performance of the work attributable to the exercise of the Contracting Agency's I 5 rights provided by this Section. 6 7 The rights exercised under the provisions of this section shall not diminish the I 8 Contracting Agency's right to pursue any other avenue for additional remedy or 9 damages with respect to the Contractor's failure to perform the work as required. 10 11 1-05.10 Guarantees I 12 Section 1-05.10 is modified by adding the following: 13 14 The Contractor warrants to the Owner, the Owner's Representative and/or Owner's I 15 Representative that all materials and Equipment furnished under this Contract will be of 16 highest quality and new unless otherwise specified by the Owner, free from faults and 17 defects and in conformance with the Contract Documents. All work not so conforming to 18 these standards shall be considered defective. If required by the Owner's 19 Representative, the Contractor shall furnish satisfactory evidence as to the kind and 20 quality of materials and Equipment. I 21 22 The Work furnished must be of first quality and the workmanship must be the best 23 obtainable in the various trades. The Work must be of safe, substantial and durable I 24 construction in all respects. For a period of three hundred sixty-five (365) days, 25 commencing on the date of Final Acceptance, the Contractor shall, upon the receipt of 26 Notice in writing from the Owner, promptly make all repairs arising out of defective 27 materials, workmanship, or Equipment at no cost to the Owner. The Owner is hereby I 28 authorized to make such repairs if, ten (10) days after giving of such Notice to the 29 Contractor, the Contractor has failed to make or undertake the repairs with due 3o 0 diligence. In case of an emergency where, in the opinion of the Owner, delay could I 31 cause serious loss or damage, repairs may be made prior to or concurrent with Notice 32 being sent to the Contractor. All expenses in connection with such repairs will be 33 charged to the Contractor. I 34 35 "Acceptance of the work" shall not extinguish any covenant or agreement on the part of 36 the 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 38 shall continue to be binding on the Contractor until they have been fulfilled. 39 I 40 The Owner and the Contractor agree that the guarantee on the completed portions of 41 the work possessed and used by the Owner shall commence as to those portions on the 42 date that the Owner takes possession of those portions and so notifies the Contractor in 43 writing. Owner and Contractor further agree that such taking possession and use shall 44 not be deemed as acceptance of the work. Takeover of completed portions of the work 45 shall be at the Owner's option and will not be made until the work can be put into routine 46 service on a permanent basis. I 47 48 The guarantee provided herein shall be in addition to those specific guarantee or 49 warranty requirements for particular Equipment and/or work items as indicated in the 50 specifications. 51 52 1-05.11 Final Inspection I53 Delete this section and replace it with the following: IRIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 31