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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> and Equipment on receipt and provide the City with written acceptance for the <br /> incorporation of said material and Equipment into the Work. After receipt by the <br /> Contractor, the Contractor bears all risk of loss and casualty to City furnished materials <br /> and Equipment. <br /> 1-05.7 Removal of Defective and Unauthorized Work <br /> Supplement 1-05.7 by adding the following: <br /> If the Contractor fails to remedy defective or unauthorized Work within the time I <br /> specified in a written notice from the Engineer, or fails to perform Work required by the <br /> Contract Documents, the Engineer may correct and remedy such Work as may be <br /> identified in the written notice, with City forces or by such other means as the City may <br /> deem necessary. <br /> If the Contractor fails to comply with a written order to remedy what the Engineer <br /> determines to be an emergency situation, the Engineer may have the defective and <br /> unauthorized Work corrected immediately, have the rejected Work removed and <br /> replaced, or have Work the Contractor refuses to perform completed by using City or <br /> other forces. An emergency situation is a situation when, in the opinion of the <br /> Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk <br /> of loss or damage to the public. <br /> Direct or indirect costs incurred by the City attributable to correcting and remedying <br /> defective or unauthorized Work, or Work the Contractor failed or refused to perform. <br /> shall be paid by the Contractor. Payment will be deducted by the Engineer from <br /> monies due, or to become due, the Contractor. Such direct and indirect costs shall <br /> include in particular, but without limitation, compensation for additional professional <br /> services required, and costs for repair and replacement of Work of others destroyed or <br /> damaged by correction, removal, or replacement of the Contractor's unauthorized <br /> VVork. <br /> In its sole discretion, the City may retain Work that is not in compliance with the <br /> Contract. The City will determine the just and reasonable value for such defective <br /> Work and deductions will be made in the payments due or to become due to the <br /> Contractor. Final Acceptance will not act as a waiver of the City's right to recover from <br /> the Contractor an amount representing the deduction for retention of defective Work. <br /> No adjustment in Contract Time or Contract Sum will be allowed because of the Delay <br /> in the performance of the Work attributable to the exercise of the City's rights provided <br /> by this section. <br /> The rights exercised under the provisions of this section shall not diminish the City's <br /> right to pursue any other avenue for additional remedy or damages with respect to the <br /> Contractor's failure to perform the Work as required. <br /> 1-05.10 Guarantees <br /> Supplement 1-05.10 by adding the following: <br /> The Contractor further warrants to the City, the Engineer and the City's Representative <br /> that all materials and Equipment furnished under this Contract will be of highest quality <br /> and new unless otherwise specified by the City, free from faults and defects and in <br /> conformance with the Contract Documents. All Work not so conforming to these <br /> standards shall be considered defective. If required by the City's Representative, the <br /> Contractor shall furnish satisfactory evidence as to the kind and quality of materials <br /> and Equipment. <br /> Water Main Replacement"Q" Division 1 —GENERAL CONDITIONS July 8, 2016 <br /> -Broadway <br /> WO No.—UP3612 SP-60 <br /> 1 <br />