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I <br /> B. If the Owner determines that the corrective Work is required to comply with the Contract, the Contractor I <br /> shall proceed with such Work. As a condition precedent to the Contractor's request for adjustment of <br /> Contract Sum, Contract Time, or both, resulting from the performance of such corrective Work, the <br /> Contractor shall, within 15 days after receipt of the Owner's determination, provide the Owner with Notice <br /> of a Contract Claim for an adjustment of Contract Sum, Contract Time, or both. Contract Claims not <br /> timely and completely submitted are deemed waived. The Contractor shall document the cost information <br /> associated with the corrective work with daily records in accordance with Force Account procedures and <br /> shall provide such information to the Owner's Representative daily. Receipt of the cost data by the <br /> Owner's 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 Contract <br /> 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 Contract. I <br /> 2. The Owner will determine the just and reasonable value for such defective Work and deductions will <br /> 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 an <br /> amount representing the deduction for retention of defective Work. <br /> H. MATERIALS AND EQUIPMENT FURNISHED BY OWNER I <br /> A. Contractor shall install materials and Equipment furnished by the Owner as provided in the technical <br /> sections of the Specifications. <br /> B. Furnishing of material and Equipment by the Owner will be considered conclusive evidence of their <br /> acceptability for the purpose intended. <br /> C, If the Contractor discovers defects in material or Equipment furnished by the Owner, he or she shall <br /> immediately notify the Owner. <br /> D. After such discovery,the Contractor shall not proceed with Work involving Owner-furnished materials and <br /> Equipment unless authorized by the Owner. <br /> E. Unless otherwise noted or specifically stated, materials and Equipment furnished by the Owner, which are <br /> not of local occurrence or manufacture, are considered to be "FOB" railroad station or truck terminal <br /> 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 and 111 <br /> Equipment from damage. <br /> 1. The Contractor shall inspect such Owner-furnished material and Equipment on receipt and provide the <br /> Owner with written acceptance for the incorporation of said material and Equipment into the Work. <br /> 2. After receipt by the Contractor, the Contractor bears all risk of loss and casualty to Owner furnished <br /> materials and Equipment. <br /> GUARANTEE <br /> A. 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. <br /> 1. All Work not so conforming to these standards shall be considered defective. I <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL CONDITIONS <br /> 00 72 13-34 Issue for Bid I <br />