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City of Everett 00 72 00 - 30 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 72 00 - 30 GENERAL CONDITIONS <br />If the offered substitution requires changes to or coordination with other portions of the work, the <br />Contractor shall include with its substitution request any such drawings and details showing such <br />changes. The Contractor agrees to perform these changes as part of the substitution of material or <br />Equipment at no additional cost to the Owner. Approval of a substitution request shall not relieve the <br />Contractor from responsibility for the efficiency, quality, and performance of the substitute material or <br />Equipment, in the same manner and degree as the material and Equipment originally specified. Any cost <br />differential associated with a substitution shall be reflected in the offer. If the Owner approves the <br />substitution, the Contract Documents shall be modified by a Change Order modifying the Contract Sum <br />in the amount of the cost differential. <br />8.6. DEMONSTRATION OF COMPLIANCE WITH CONTRACT REQUIREMENTS <br />8.6.1. Inspection <br />The burden of proving the constructed Work complies with the Contract Documents shall be on the <br />Contractor at all times. To demonstrate its compliance with the Contract requirements, the Contractor <br />shall assist the Owner’s Representative in his or her inspection and observation of the Work. The <br />Contractor shall grant the Owner’s Representative access to the Work and Work Site, and to places where <br />Work is being prepared, or where materials, Equipment, or machinery are being obtained for Work. The <br />Contractor shall provide information requested by the Owner’s Representative in connection with <br />inspection work. <br />If the Contract Documents, laws, ordinances, or any public regulatory authority requires parts of the Work <br />to be specially inspected, tested, or approved, the Contractor shall give the Owner’s Representative <br />adequate prior written Notice of the availability of the subject Work for examination, which Notice shall <br />be not less than two (2) working days. <br />Inspection and quality control tests performed on Work by the Contractor by the Owner’s Representative <br />shall not relieve the Contractor of its responsibility for errors or lack of quality therein and shall not be <br />regarded as an assumption of risks or liability by the Owner’s Representative for the Contractor's <br />compliance with these Contract Documents. Contractor remains responsible and liable for all errors, <br />defects or a lack of quality not discovered by inspection or observation. <br />If parts of the Work are covered prior to inspection or observation, the cost of exposing the Work for <br />inspection and closing and re-covering shall be borne by the Contractor regardless of whether the Work is <br />found to be in compliance with the Contract. <br />8.6.2. Samples of Materials <br />The Contractor shall provide Samples or specimens of materials to be incorporated in the Work that <br />require laboratory examination or special testing, as requested by the Owner’s Representative. Such <br />Samples or specimens shall be provided in ample time to permit making proper test analysis and <br />examinations before the Contractor plans to incorporate the material into the Work. An independent <br />testing laboratory will conduct tests of material in accordance with the Specifications. In the absence of a <br />specific test requirement, the Owner’s Representative will determine the appropriate standard test to be <br />used. <br />8.6.3. Certification <br />In cases where compliance of materials or Equipment to Contract requirements is not readily <br />determinable through inspection and tests, the Contractor shall provide properly authenticated documents, <br />certificates, or other proof satisfactory to the Owner’s Representative that the materials and Equipment <br />comply with the Contract requirements. These documents, certifications, and proofs shall include <br />performance characteristics, construction materials, and physical or chemical characteristics of materials. <br />The Contractor shall pay all associated costs of such certification.