Weber Construction Inc 8/28/2019

' City of Everett 00 7200-27 Diversion Dam Road Phase 3 UT 3707 & UT 3708 ' 8.3. QUALITY Where detailed Specifications of materials, Equipment, or construction Work are not set forth, the Contractor shall perform the Work using materials and Equipment of a quality comparable to ' the materials and workmanship specified for the other parts of the Work, from firms of established good reputations, and shall follow standard practices to perform construction Work of good quality in a workmanlike way. Work performed shall be in conformity and harmony with ' the intent to secure the standard of construction and Equipment of Work as a whole and in part. All Work must comply and conform to applicable building codes in effect when the Work is performed. ' 8.4. MATERIAL AND EQUIPMENT SPECIFIED BY NAME When material or Equipment is specified by reference to patents, brand names, or catalog numbers, the Owner will not usually consider or approve a substitution. However, the ' Contractor may offer substitutions of products it considers to be equal to that specified, but the Owner is not obliged or required to consider or accept such offered substitution. 8.5. REQUESTS FOR SUBSTITUTION The Contractor may offer material or Equipment of equal or better quality and performance in substitution for those specified. Only the Contractor may request substitutions. The Contractor's offers of substitution shall be made in writing to the Owner's Representative and ' shall include sufficient data to enable the Owner's Representative to assess the acceptability of the material or Equipment for the particular application and requirements. The Owner and Owner's Representative are not required or obligated to consider or review a request for ' substitution and may, in their sole discretion and option, consider or review such requests. If the offered substitution requires changes to or coordination with other portions of the work, the Contractor shall include with its substitution request any such drawings and details showing such changes. The Contractor agrees to perform these changes as part of the substitution of material or Equipment at no additional cost to the Owner. Approval of a substitution request shall not relieve the Contractor from responsibility for the efficiency, quality, and performance of ' the substitute material or Equipment, in the same manner and degree as the material and Equipment originally specified. Any cost differential associated with a substitution shall be reflected in the offer. If the Owner approves the substitution, the Contract Documents shall be modified by a Change Order modifying the Contract Sum in the amount of the cost differential. ' 8.6. DEMONSTRATION OF COMPLIANCE WITH CONTRACT REQUIREMENTS 8.6.1. Inspection The burden of proving the constructed Work complies with the Contract Documents shall be on the Contractor at all times. To demonstrate its compliance with the Contract requirements, the Contractor shall assist the Owner's Representative in his or her inspection and observation of ' the Work. The Contractor shall grant the Owner's Representative access to the Work and Work Site, and to places where Work is being prepared, or where materials, Equipment, or machinery are being obtained for Work. The Contractor shall provide information requested by the ' Owner's Representative in connection with inspection work. If the Contract Documents, laws, ordinances, or any public regulatory authority requires parts of the Work to be specially inspected, tested, or approved, the Contractor shall give the Owner's ' Representative adequate prior written Notice of the availability of the subject Work for examination, which Notice shall be not less than two (2) working days. Inspection and quality control tests performed on Work by the Contractor by the Owner's ' Representative shall not relieve the Contractor of its responsibility for errors or lack of quality therein and shall not be regarded as an assumption of risks or liability by the Owner's 1 00 7200 -27 GENERAL CONDITIONS