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CITY OF EVERETT PUBLIC WORKS DOCUMENT 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> 8.9 Guarantee ' <br /> A. The Contractor warrants to the Owner that all materials and Equipment furnished under this <br /> Contract will be of highest quality and new unless otherwise specified by the Owner, free from <br /> faults and defects and in conformance with the Contract Documents. <br /> 1. All Work not so conforming to these standards shall be considered defective. <br /> 2. If required by the Owner's Representative,the Contractor shall furnish satisfactory evidence ' <br /> as to the kind and quality of materials and Equipment. <br /> B. The Work furnished must be of first quality and the workmanship must be the best obtainable in <br /> the various trades. <br /> 1. The Work must be of safe, substantial and durable construction in all respects. <br /> C. "Acceptance of the Work" shall not extinguish any covenant or agreement on the part of the <br /> Contractor to be performed or fulfilled under this Contract that has not, in fact,been performed or <br /> fulfilled at the time of such acceptance. <br /> 1. All covenants and agreements shall continue to be binding on the Contractor until they have <br /> been fulfilled. <br /> D. The Owner and the Contractor agree that the guarantee on the completed portions of the Work <br /> possessed and used by the Owner shall commence as to those portions on the date that the Owner <br /> takes possession of those portions and so notifies the Contractor in writing. <br /> 1. Owner and Contractor further agree that such taking possession and use shall not be deemed <br /> as acceptance of the Work. <br /> 2. Takeover of completed portions of the Work shall be at the Owner's option and will not be <br /> made until the Work can be put into routine service on a permanent basis. <br /> E. The guarantee provided in this paragraph shall be in addition to those specific guarantee or <br /> warranty requirements for particular Equipment and Work items as indicated in the <br /> Specifications. <br /> 8.10 Correction Period <br /> A. If within one year after the date of Substantial Completion, or such longer period of time as may <br /> be prescribed by the terms of any applicable special guarantee required by the Contract <br /> Documents) or by any specific provision of the Contract Documents, any Work is found to be <br /> defective, or if the repair of any damages to the land or areas made available for Contractor's use <br /> by Owner or permitted by Laws and Regulations as contemplated in Paragraph 8.6.6. is found to 111be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's <br /> written instructions: <br /> 1. repair such defective land or areas; or <br /> 2. correct such defective Work; or <br /> 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it <br /> with Work that is not defective,and <br /> PSO6 REROUTE 007213 -38 <br /> WO NO.—UP3583 MAY 2016 <br /> i <br />