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City of Everett 00 7200 - 29 <br />2024 WPCF Biosolids Removal UT 3826-2 <br /> <br /> <br />00 7200 - 29 GENERAL CONDITIONS <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 />Equipment.