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City of Everett 00 72 00 - 32 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 72 00 - 32 GENERAL CONDITIONS <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. <br />8.9. GUARANTEE <br />The Contractor warrants to the Owner that all materials and Equipment furnished under this Contract will <br />be of highest quality and new unless otherwise specified by the Owner, free from faults and defects and in <br />conformance with the Contract Documents. All Work not so conforming to these standards shall be <br />considered defective. If required by the Owner’s Representative, the Contractor shall furnish satisfactory <br />evidence as to the kind and quality of materials and Equipment. <br />The Work furnished must be of first quality and the workmanship must be the best obtainable in the <br />various trades. The Work must be of safe, substantial and durable construction in all respects. <br />"Acceptance of the Work" shall not extinguish any covenant or agreement on the part of the Contractor to <br />be performed or fulfilled under this Contract that has not, in fact, been performed or fulfilled at the time <br />of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until <br />they have been fulfilled. <br />The Owner and the Contractor agree that the guarantee on the completed portions of the Work possessed <br />and used by the Owner shall commence as to those portions on the date that the Owner takes possession <br />of those portions and so notifies the Contractor in writing. Owner and Contractor further agree that such <br />taking possession and use shall not be deemed as acceptance of the Work. Takeover of completed <br />portions of the Work shall be at the Owner's option and will not be made until the Work can be put into <br />routine service on a permanent basis. <br />The guarantee provided in this section 8.9 shall be in addition to those specific guarantee or warranty <br />requirements for particular Equipment and Work items as indicated in the Specifications.