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I <br /> 1 2. If required by the Owner's Representative, the Contractor shall furnish satisfactory evidence as to the <br /> 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 the various <br /> trades. <br /> I. 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 Contractor to <br /> be performed or fulfilled under this Contract that has not, in fact, been performed or fulfilled at the time of <br /> such acceptance. <br /> I. All covenants and agreements shall continue to be binding on the Contractor until they have been <br /> fulfilled. <br /> D. The Owner and the Contractor agree that the guarantee on the completed portions of the Work possessed <br /> and used by the Owner shall commence as to those portions on the date that the Owner takes possession of <br /> 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 as <br /> acceptance of the Work. <br /> 2. Takeover of completed portions of the Work shall be at the Owner's option and will not be made until <br /> 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 warranty <br /> requirements for particular Equipment and Work items as indicated in the Specifications. <br /> J. CORRECTION PERIOD <br /> A. If within one year after the date of Substantial Completion, or such longer period of time as may be <br /> prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any <br /> specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any <br /> ' damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and <br /> Regulations as contemplated in 8.6. Demonstration of Compliance with Contract Requirements is <br /> found to be 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 with <br /> Work that is not defective,and <br /> 4. satisfactorily correct or repair or remove and replace any damage to other Work,to the work of others <br /> or other land or areas resulting there from. <br /> 13. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency <br /> where Delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or <br /> repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages <br /> (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals <br /> and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or <br /> repair or such removal and replacement (including but not limited to all costs of repair or replacement of <br /> Work of others)will be paid by Contractor. <br /> I <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL.CONDITIONS <br /> 00 72 13-35 Issue for Bid <br />