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<br />006 DEFECTIVE MATERIALS. <br />(REV 8-5-09) (FA 8-11-09) (1-10) <br /> <br />ARTICLE 6-4 (Pages 54 and 55) is deleted and the following substituted: <br /> <br />6-4 Defective Materials. <br />Materials not meeting the requirements of these Specifications will be considered <br />defective. The Engineer will reject all such materials, whether in place or not. Remove all <br />rejected material immediately from the site of the work and from storage areas, at no expense to <br />the Department. <br />Do not use material that has been rejected and the defects corrected, until the Engineer <br />has approved the material's use. Upon failure to comply promptly with any order of the Engineer <br />made under the provisions of this Article, the Engineer has the authority to have the defective <br />material removed and replaced by other forces and deduct the cost of removal and replacement <br />from any moneys due or to become due the Contractor. <br />As an exception to the above, within 30 calendar days of the termination of the LOT or <br />rejection of the material, the Contractor may submit a proposed scope of work to the Engineer <br />for an engineering or independent laboratory (as approved by the Engineer) analysis to <br />determine the disposition of the material. A Specialty Engineer, who is an independent <br />consultant, or the Contractor's Engineer of Record as stated within each individual Section shall <br />perform any such analysis. Upon the Engineer's approval of the scope of work submitted by the <br />Contractor, the engineering analysis must be completed and the report must be submitted to the <br />Engineer within 45 calendar days, or other time frame as approved by the Engineer. The report <br />must be signed and sealed by the Specialty Engineer. The Engineer will determine the final <br />disposition of the material after review of the information submitted by the Contractor. No <br />additional monetary compensation or time extension will be granted for the impact of any such <br />analysis or review. <br />