Common use of Adherence to Specifications Clause in Contracts

Adherence to Specifications. (a) Supplier will adhere to technical specifications for all work on Company's distribution and transmission system. Any rework will be done at the Supplier’s expense. Rework not to exceed 10%.calculated on a quarterly basis. If any circuit has too many spans requiring rework, the rework will not be entered into the system. Immediate communication will be initiated between Company and Supplier management. The second occurrence of unsatisfactory work will result in mandatory field review at the management level. Third occurrence will result in monetary liquidated damages in accordance with dollar references noted above. . For lump sum work, final payment will be released when rework is complete. All rework will be tracked by Company and Supplier. All rework initiated by the arborists will be forwarded to the Supplier via paper or electronic copy for completion. All work must meet Company specifications regardless of the date audited. All work will be audited in timely manner, Supplier may request a meeting to review audit schedule. Any disputed rework will be resolved at meetings between Company and Supplier managers. Upon completion of distribution circuit work, contract supervisor will submit the Circuit Signoff-sheet to Company Representative . For transmission, see Specification FOR 2016. (b) If a tree that should have been removed according to Company specifications causes a transmission outage within one cycle length (6 years NYSEG), the Supplier will pay all restoration costs, revenue lost by Company, and any costs incurred by Company from customers for lost productivity, lost revenue or damages up to a maximum expense of $50,000 per occurrence. This liquidated damage will only pertain to trees that should have been removed according to Company specifications. The obligation is in effect for the transmission lines outlined in Schedule D. (c) For instances where a power interruption impacting more than 500 customers occurs during non-storm conditions or when wind speeds are less than 20 miles per hour, on a circuit for which the sign off sheet was executed within the previous 12 months, and the outage was the result of limbs ( does not include off right of way trees that fall into the wires) the contractor will be required to perform remedial tree work in the span where the contact was identified, as directed by a Company Arborist. The definition of storm is any weather event when the Company is working under a storm emergency or if the wind speed exceeded 20 miles per hour. Exceptions to this definition maybe made only after consulting with the Manager of Vegetation Management- Distribution, or the Program Manager -Vegetation Management Operations. Each instance shall be investigated by the Company arborist, and Supplier supervisor.