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I <br /> CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> 1 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> 2. The Owner will determine the just and reasonable value for such defective Work and <br /> I <br /> deductions will be made in the payments due or to become due to the Contractor. <br /> 3. Final Acceptance will not act as a waiver of the Owner's right to recover from the Contractor <br /> I <br /> an amount representing the deduction for retention of defective Work. <br /> 8.8 Materials and Equipment Furnished by Owner <br /> A. Contractor shall install materials and Equipment furnished by the Owner as provided in the <br /> I <br /> technical sections of the Specifications. <br /> B. Furnishing of material and Equipment by the Owner will be considered conclusive evidence of <br /> their acceptability for the purpose intended. 111 <br /> C. If the Contractor discovers defects in material or Equipment furnished by the Owner, he or she <br /> shall immediately notify the Owner. I D. After such discovery, the Contractor shall not proceed with Work involving Owner-furnished <br /> materials and Equipment unless authorized by the Owner. <br /> E. Unless otherwise noted or specifically stated, materials and Equipment furnished by the Owner, <br /> I <br /> which are not of local occurrence or manufacture, are considered to be "FOB" railroad station or <br /> truck terminal nearest to the Site of the Work. <br /> F. At no cost to the Owner, the Contractor shall unload, transport, store, and protect such material <br /> I <br /> and Equipment from damage. <br /> 1. The Contractor shall inspect such Owner-furnished material and Equipment on receipt and <br /> provide the Owner with written acceptance for the incorporation of said material and <br /> I <br /> Equipment into the Work. <br /> 2. After receipt by the Contractor, the Contractor bears all risk of loss and casualty to Owner <br /> I <br /> furnished materials and Equipment. <br /> 8.9 Guarantee <br /> A. The Contractor warrants to the Owner that all materials and Equipment furnished under this <br /> I <br /> Contract will be of highest quality and new unless otherwise specified by the Owner, free from <br /> faults and defects and in conformance with the Contract Documents. <br /> 1. All Work not so conforming to these standards shall be considered defective. <br /> I <br /> 2. If required by the Owner's Representative, the Contractor shall furnish satisfactory evidence <br /> as to the kind and quality of materials and Equipment. I B. The Work furnished must be of first quality and the workmanship must be the best obtainable in <br /> the various trades. <br /> 1. The Work must be of safe,substantial and durable construction in all respects. <br /> I <br /> C. "Acceptance of the Work" shall not extinguish any covenant or agreement on the part of the <br /> Contractor to be performed or fulfilled under this Contract that has not,in fact,been performed or <br /> fulfilled at the time of such acceptance. <br /> I <br /> 1. All covenants and agreements shall continue to be binding on the Contractor until they have <br /> been fulfilled. <br /> I <br /> THREE LAKES VALVE BYPASS July 19, 2017 <br /> 1 <br /> WO#UP3611 00 72 13 -36 <br /> I <br />