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City of Everett 00 72 00 - 27 <br />PGSF WMVD Storm and Combined Sewer - Construction Package 2 WO# UP-3815-02 <br /> <br /> <br />00 72 00 - 27 GENERAL CONDITIONS <br />8.4. MATERIAL AND EQUIPMENT SPECIFIED BY NAME <br />When material or Equipment is specified by reference to patents, brand names, or catalog numbers, the <br />Owner will not usually consider or approve a substitution. However, the Contractor may offer <br />substitutions of products it considers to be equal to that specified, but the Owner is not obliged or required <br />to consider or accept such offered substitution. <br />8.5. REQUESTS FOR SUBSTITUTION <br />The Contractor may offer material or Equipment of equal or better quality and performance in <br />substitution for those specified. Only the Contractor may request substitutions. The Contractor's offers of <br />substitution shall be made in writing to the Owner’s Representative and shall include sufficient data to <br />enable the Owner’s Representative to assess the acceptability of the material or Equipment for the <br />particular application and requirements. The Owner and Owner’s Representative are not required or <br />obligated to consider or review a request for substitution and may, in their sole discretion and option, <br />consider or review such requests. <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