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1 <br /> CITY OF EVERETT SPECIAL PROVISIONS <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 /> Work. <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 /> The Work furnished shall be of first quality and the workmanship shall be the best <br /> 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 /> 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 /> 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 /> 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 /> 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 /> 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 /> 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 /> routine service on a permanent basis. <br /> Water Main Replacement"S" Division 1 -GENERAL REQUIREMENTS January 29, 2018 <br /> WO No-UP3664 SP-63 <br /> 1 <br />