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Action Target 8/17/2022
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Action Target 8/17/2022
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Last modified
8/19/2022 1:42:37 PM
Creation date
8/19/2022 1:33:55 PM
Metadata
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Contracts
Contractor's Name
Action Target
Approval Date
8/17/2022
Council Approval Date
7/20/2022
Department
Facilities
Department Project Manager
Josh O'Neill
Subject / Project Title
Police Firing Range Bullet Trap Replacement
Tracking Number
0003457
Total Compensation
$477,516.00
Contract Type
Capital Contract
Retention Period
10 Years Then Transfer to State Archivist
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City of Everett 00 72 00 - 29 <br /> 8.6.7. Manufacturer's Directions <br /> Manufactured articles,material and Equipment shall be transported, stored,applied,installed,connected, <br /> erected,adjusted,tested,operated and maintained as recommended by the manufacturer,unless otherwise <br /> specified herein. Manufacturer's installation instructions and procedures shall be provided to the Owner <br /> ' prior to installation of the manufactured articles,material and Equipment. <br /> 8.7. DEFECTIVE WORK <br /> ' 8.7.1. Correction of Defective Work <br /> When,and as often as the Owner's Representative determines through his or her inspection procedures, <br /> material,Equipment or workmanship incorporated in the Project do not meet the requirements of the <br /> Contract,the Owner's Representative will give written notice of the noncompliance to the Contractor. <br /> Within fourteen(14)days from the receipt of such notice,the Contractor shall undertake the Work <br /> necessary to correct the deficiencies,and to comply with the Contract. If the Contractor disagrees with <br /> ' the Owner's Representative's determination and believes that the corrective Work should be covered by a <br /> Change Order,he or she shall immediately notify the Owner,in writing,setting forth its position. Within <br /> five(5)days after receipt of the Contractor's notification,the Owner will review the matter and notify the <br /> Contractor,in writing,of his or her determination. <br /> If the Owner determines that the corrective Work is required to comply with the Contract,the Contractor <br /> shall proceed with such Work. As a condition precedent to the Contractor's request for adjustment of <br /> Contract Sum,Contract Time,or both,resulting from the performance of such corrective Work,the <br /> Contractor shall,within fifteen(15)days after receipt of the Owner's determination,provide the Owner <br /> with Notice of a Contract Claim for an adjustment of Contract Sum,Contract Time,or both. Contract <br /> Claims not timely and completely submitted are deemed waived. The Contractor shall document the cost <br /> information associated with the corrective work with daily records in accordance with Force Account <br /> procedures and shall provide such information to the Owner's Representative daily. Receipt of the cost <br /> data by the Owner's Representative will not be construed to be an acceptance of the corrective Work,or <br /> ' an authorization for a Change Order to cover the corrective Work. Contractor waives any such Contract <br /> Claim by failing to maintain accurate and complete Force Account records. <br /> 8.7.2. Retention of Defective Work <br /> In its sole discretion,the Owner may retain Work that is not in compliance with the Contract. The Owner <br /> will determine the just and reasonable value for such defective and/or noncompliant Work and deductions <br /> will be made in the payments due or to become due to the Contractor. Final Acceptance will not act as a <br /> waiver of the Owner's right to recover from the Contractor an amount representing the deduction for <br /> retention of defective and/or noncompliant Work. <br /> 8.8. MATERIALS AND EQUIPMENT FURNISHED BY OWNER <br /> ' Contractor shall install materials and Equipment furnished by the Owner as provided in the technical <br /> sections of the Specifications. Furnishing of material and Equipment by the Owner will be considered <br /> conclusive evidence of their acceptability for the purpose intended. If the Contractor discovers defects in <br /> material or Equipment furnished by the Owner,he or she shall immediately notify the Owner. After such <br /> discovery,the Contractor shall not proceed with Work involving Owner-furnished materials and <br /> Equipment unless authorized by the Owner. Unless otherwise noted or specifically stated,materials and <br /> Equipment furnished by the Owner,which are not of local occurrence or manufacture,are considered to <br /> be "FOB"railroad station or truck terminal nearest to the Site of the Work. At no cost to the Owner,the <br /> Contractor shall unload,transport, store,and protect such material and Equipment from damage. The <br /> Contractor shall inspect such Owner-furnished material and Equipment on receipt and provide the Owner <br /> with written acceptance for the incorporation of said material and Equipment into the Work. After receipt <br /> by the Contractor,the Contractor bears all risk of loss and casualty to Owner furnished materials and <br /> 111 Equipment. <br /> 00 72 00 - 29 GENERAL CONDITIONS <br />
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