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I <br /> CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> 1 SPECIAL PROVISIONS GENERAL CONDITIONS <br /> E. Unless otherwise noted or specifically stated, materials and Equipment furnished by the Owner, <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 /> 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 /> 111 Equipment into the Work. <br /> 2. After receipt by the Contractor, the Contractor bears all risk of loss and casualty to Owner <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 /> 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 1. All Work not so conforming to these standards shall be considered defective. <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. <br /> 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 /> 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 /> 1. All covenants and agreements shall continue to be binding on the Contractor until they have <br /> been fulfilled. <br /> D. The Owner and the Contractor agree that the guarantee on the completed portions of the Work <br /> possessed and used by the Owner shall commence as to those portions on the date that the Owner <br /> takes possession of those portions and so notifies the Contractor in writing. <br /> 1. Owner and Contractor further agree that such taking possession and use shall not be deemed <br /> as acceptance of the Work. <br /> 2. Takeover of completed portions of the Work shall be at the Owner's option and will not be <br /> made until the Work can be put into routine service on a permanent basis. <br /> E. The guarantee provided in this paragraph shall be in addition to those specific guarantee or <br /> warranty requirements for particular Equipment and Work items as indicated in the <br /> Specifications. <br /> 8.10 Correction Period <br /> A. If within one year after the date of Substantial Completion, or such longer period of time as may <br /> be prescribed by the terms of any applicable special guarantee required by the Contract <br /> Documents) or by any specific provision of the Contract Documents, any Work is found to be <br /> defective, or if the repair of any damages to the land or areas made available for Contractor's use <br /> by Owner or permitted by Laws and Regulations as contemplated in Paragraph 8.6.6. is found to <br /> Legion Golf Course Stormwater Detention Project November 28, 2017 <br /> WO#UP3620 00 72 13 - 37 <br />