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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> I <br /> The rights exercised under the provisions of this section shall not diminish the City's <br /> I 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 /> ISupplement 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 /> I 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 /> I Contractor shall furnish satisfactory evidence as to the kind and quality of materials <br /> and Equipment. <br /> The Work furnished shall be of first quality and the workmanship shall be the best <br /> 1 obtainable in the various trades. The Work shall be of safe, substantial and durable <br /> construction in all respects. For a period of three hundred sixty-five (365) calendar <br /> days, commencing on the date of Final Acceptance, the Contractor shall, upon the <br /> I receipt of Notice in writing from the City, promptly make all repairs arising out of <br /> defective materials, workmanship, or Equipment at no cost to the City. The City is <br /> hereby authorized to make such repairs if, fourteen (14) calendar days after giving of <br /> I such Notice to the Contractor, the Contractor has failed to make or undertake the <br /> repairs with due diligence. In case of an emergency where, in the opinion of the City, <br /> delay could cause serious loss or damage, repairs may be made prior to or concurrent <br /> I with Notice being sent to the Contractor. All expenses in connection with such repairs <br /> will be charged to the Contractor. <br /> "Acceptance of the Work" shall not extinguish any covenant or agreement on the part <br /> I of the Contractor to be performed or fulfilled under this Contract that has not, in fact, <br /> been performed or fulfilled at the time of such acceptance. All covenants and <br /> agreements shall continue to be binding on the Contractor until they have been <br /> fulfilled. <br /> I <br /> The City and the Contractor agree that the guarantee on the completed portions of the <br /> Work possessed and used by the City shall commence as to those portions on the <br /> I date that the City takes possession of those portions and so notifies the Contractor in <br /> writing. City and Contractor further agree that such taking possession and use shall <br /> not be deemed as acceptance of the Work. Takeover of completed portions of the <br /> Work shall be at the City's option and will not be made until the Work can be put into <br /> Iroutine service on a permanent basis. <br /> The guarantee provided herein shall be in addition to those specific guarantee or <br /> warranty requirements for particular Equipment or Work items, or both, as indicated in <br /> Ithe Specifications and Special Provisions. <br /> 1-05.11 Final Inspection <br /> I Delete 1-05.11 and substitute the following: <br /> 1-05.11 Final Inspections and Operational Testing <br /> (******) <br /> I 1-05.11(1) Substantial Completion Date <br /> When the Contractor considers the Work to be substantially complete, the Contractor <br /> shall so notify the Engineer and request the Engineer establish the Substantial <br /> Sewer Regulators R4 and Division 1 —GENERAL REQUIREMENTS May 2017 <br /> R39 Modifications <br /> IWO No—UP3633 SP-67 <br />