Weber Construction Inc 8/28/2019

' City of Everett 00 7200 -29 Diversion Dam Road Phase 3 UT 3707 & UT 3708 8.7. DEFECTIVE WORK 1 8.7.1. Correction of Defective Work When, and as often as the Owner's Representative determines through his or her inspection ' procedures, material, Equipment or workmanship incorporated in the Project do not meet the requirements of the Contract, the Owner's Representative will give written notice of the noncompliance to the Contractor. Within fourteen (14) days from the receipt of such notice, the ' Contractor shall undertake the Work necessary to correct the deficiencies, and to comply with the Contract. If the Contractor disagrees with the Owner's Representative's determination and believes that the corrective Work should be covered by a Change Order, he or she shall immediately notify the Owner, in writing, setting forth its position. Within five (5) days after ' receipt of the Contractor's notification, the Owner will review the matter and notify the Contractor, in writing, of his or her determination. If the Owner determines that the corrective Work is required to comply with the Contract, the Contractor shall proceed with such Work. As a condition precedent to the Contractor's request for adjustment of Contract Sum, Contract Time, or both, resulting from the performance of such corrective Work, the Contractor shall, within fifteen (15) days after receipt of the Owner's ' determination, provide the Owner with Notice of a Contract Claim for an adjustment of Contract Sum, Contract Time, or both. Contract Claims not timely and completely submitted are deemed waived. The Contractor shall document the cost information associated with the corrective work ' with daily records in accordance with Force Account procedures and shall provide such information to the Owner's Representative daily. Receipt of the cost data by the Owner's Representative will not be construed to be an acceptance of the corrective Work, or an ' authorization for a Change Order to cover the corrective Work. Contractor waives any such Contract Claim by failing to maintain accurate and complete Force Account records. 8.7.2. Retention of Defective Work ' In its sole discretion, the Owner may retain Work that is not in compliance with the Contract. The Owner will determine the just and reasonable value for such defective Work and deductions will be made in the payments due or to become due to the Contractor. Final Acceptance will not act as a waiver of the Owner's right to recover from the Contractor an amount representing the ' deduction for retention of defective Work. 8.8. MATERIALS AND EQUIPMENT FURNISHED BY OWNER ' Contractor shall install materials and Equipment furnished by the Owner as provided in the technical sections of the Specifications. Furnishing of material and Equipment by the Owner will be considered conclusive evidence of their acceptability for the purpose intended. If the ' Contractor discovers defects in material or Equipment furnished by the Owner, he or she shall immediately notify the Owner. After such discovery, the Contractor shall not proceed with Work involving Owner-furnished materials and Equipment unless authorized by the Owner. Unless ' otherwise noted or specifically stated, materials and Equipment furnished by the Owner, which are not of local occurrence or manufacture, are considered to be "FOB" railroad station or truck terminal nearest to the Site of the Work. At no cost to the Owner, the Contractor shall unload, transport, store, and protect such material and Equipment from damage. The Contractor shall ' inspect such Owner-furnished material and Equipment on receipt and provide the Owner with written acceptance for the incorporation of said material and Equipment into the Work. After receipt by the Contractor, the Contractor bears all risk of loss and casualty to Owner furnished materials and Equipment. 8.9. GUARANTEE ' The Contractor warrants to the Owner that all materials and Equipment furnished under this Contract will be of highest quality and new unless otherwise specified by the Owner, free from 00 7200-29 GENERAL CONDITIONS