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CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS ' <br /> 2. Manufacturer's installation instructions and procedures shall be provided to the Owner prior <br /> to installation of the manufactured articles,material and Equipment. ' <br /> 8.7 Defective Work <br /> A. Correction of Defective Work 1 <br /> 1. When, and as often as the Owner's Representative determines through his or her inspection <br /> procedures,material, Equipment or workmanship incorporated in the Project do not meet the <br /> requirements of the Contract, the Owner's Representative will give written notice of the <br /> noncompliance to the Contractor. Within fourteen (14) days from the receipt of such notice, <br /> the Contractor shall undertake the Work necessary to correct the deficiencies, and to comply <br /> with the Contract. If the Contractor disagrees with the Owner's Representative's <br /> determination and believes that the corrective Work should be covered by a Change Order, <br /> 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 <br /> and notify the Contractor, in writing, of his or her determination. <br /> B. If the Owner determines that the corrective Work is required to comply with the Contract, the <br /> Contractor shall proceed with such Work. As a condition precedent to the Contractor's request <br /> for adjustment of Contract Sum, Contract Time, or both, resulting from the performance of such <br /> corrective Work, the Contractor shall, within fifteen (15) days after receipt of the Owner's <br /> determination, provide the Owner with Notice of a Contract Claim for an adjustment of Contract <br /> Sum, Contract Time, or both. Contract Claims not timely and completely submitted are deemed <br /> waived. The Contractor shall document the cost information associated with the corrective work <br /> with daily records in accordance with Force Account procedures and shall provide such <br /> information to the Owner's Representative daily. Receipt of the cost data by the Owner's <br /> Representative will not be construed to be an acceptance of the corrective Work, or an <br /> authorization for a Change Order to cover the corrective Work. Contractor waives any such <br /> Contract Claim by failing to maintain accurate and complete Force Account records. <br /> C. Retention of Defective Work <br /> 1. In its sole discretion, the Owner may retain Work that is not in compliance with the <br /> Contract. <br /> 2. The Owner will determine the just and reasonable value for such defective Work and <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 /> 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 /> 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. <br /> C. If the Contractor discovers defects in material or Equipment furnished by the Owner, he or she <br /> shall immediately notify the Owner. <br /> D. After such discovery, the Contractor shall not proceed with Work involving Owner-furnished <br /> materials and Equipment unless authorized by the Owner. <br /> 1 <br /> Legion Golf Course Stormwater Detention Project November 28, 2017 <br /> WO#UP3620 00 72 13 - 36 <br />