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Van Fleet Water Production Facility Improvements BVP 13-196 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the nonperforming party could have,with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch. 14.3 The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an Uncontrollable Force, give written notice to the other party describing the circumstance and Uncontrollable Forces preventing continued performance of the obligations of this Contract. ARTICLE 15—WARRANTY AND GUARANTEE: ACCEPTANCE OF DEFECTIVE WORK 15.1 Warranty and Guarantee 15.1.1 The Contractor warrants and guarantees to the County that all material and equipment will be new, unless otherwise specified; and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals or all applicable building, construction and safety requirements, shall be considered defective. Notice of all defects shall be given to the Contractor by the Project Manager. All defective work,whether or not in place, may be rejected, corrected or accepted as provided in this Article. 15.1.2 If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or material are found to be defective, incomplete or otherwise not in accordance with the Contract Documents, the Contractor shall promptly, without cost to the County and in accordance with the County's written instructions, either correct such defective Work or, if it has been rejected by the County, remove it from the site and replace it with non-defective work. If the Contractor does not promptly comply with the terms of such instructions, the County may have the defective Work corrected, removed or replaced. All direct and indirect costs of such action will be paid by the Contractor. 15.2 Tests and Inspections 15.2.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor shall give the Professional timely notice. The testing firm(s) (if assigned by the Contractor to this Work) and all such inspections, tests or approvals provided for by the County shall be identified in writing by the Professional to the Contractor. All other inspections, tests or approvals shall be at the Contractor's expense, including additional expenses for inspection and tests required as a result of delays by the Contractor or hours worked in excess of 40 hours per week. For all required inspections, tests and approvals on any Work prepared, performed or assembled away from the site, the Contractor will furnish the Professional with the required Certificates of Inspection, testing or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Material or such other applicable organizations as may be required by law or the Contract Documents. Material or Work in place that fail to pass acceptability tests shall be retested at the direction of the Professional and at the Contractor's expense. 15.2.2 Neither observations by the Professional or the Project Manager nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor of its obligations to perform the Work in accordance with the requirements of the Contract Documents. 81