Rodarte Construction Inc Everett Station Parking Expansion

I 111 1 1-05.6(2) Manufacturer's Directions 2 Manufactured articles, material and Equipment shall be transported, stored, applied, 3 installed, connected, erected, adjusted, tested, operated and maintained as recommended I. 4 by the manufacturer, unless otherwise specified in these Special Provisions. Provide 5 manufacturer's installation instructions and procedures to the City prior to installation of the I 6 manufactured articles, material and Equipment. 7 8 1-05.6(3) Materials and Equipment Furnished by City 9 The Contractor shall install materials and Equipment furnished by the City as provided in I 10 the technical sections of the Specifications. Furnishing of material and Equipment by the 11 City will be considered conclusive evidence of their acceptability for the purpose intended. 12 If the Contractor discovers defects in material or Equipment furnished by the City, it shall I 13 immediately notify the City. After such discovery, the Contractor shall not proceed with 14 Work involving City-furnished materials and Equipment unless authorized by the City. 15 Unless otherwise noted or specifically stated, materials and Equipment furnished by the I 16 City, that are not of local occurrence or manufacture, are considered to be "FOB" railroad 17 station or truck terminal nearest to the site of the Work. At no cost to the City, the 18 Contractor shall unload, transport, store, and protect such material and Equipment from I19 damage. The Contractor shall inspect such City-furnished material and Equipment on 20 receipt and provide the City with written acceptance for the incorporation of said material 21 and Equipment into the Work. After receipt by the Contractor, the Contractor bears all risk 22 of loss and casualty to City furnished materials and Equipment. I 23 24 1-05.7 Removal of Defective and Unauthorized Work 25 Section 1-05.7 is modified by adding the following: I 26 27 In its sole discretion, the City may retain Work that is not in compliance with the Contract. 28 The City will determine the just and reasonable value for such defective Work and I 29 30 deductions will be made in the payments due or to become due to the Contractor. Final Acceptance will not act as a waiver of the City's right to recover from the Contractor an 31 amount representing the deduction for retention of defective Work. 32 I 33 If the Contractor fails to remedy defective or unauthorized Work within the time specified in 34 a written notice from the Engineer, or fails to perform any part of the Work required by the 35 Contract Documents, the Engineer may correct and remedy such Work as may be I 36 identified in the written notice, with Contracting Agency forces or by such other means as 37 the Contracting Agency may deem necessary. 38 I 39 40 If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and 41 unauthorized Work corrected immediately, have the rejected Work removed and replaced, 42 or have Work the Contractor refuses to perform completed by using Contracting Agency or I 43 other forces. An emergency situation is any situation when, in the opinion of the Engineer, a 44 delay in its remedy could be potentially unsafe, or might cause serious risk of loss or 45 damage to the public. I 46 47 Direct or indirect costs incurred by the Contracting Agency attributable to correcting and 48 remedying defective or unauthorized Work, or Work the Contractor failed or refused to I 49 50 perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include I City of Everett Page SP1 25 Special Provisions Everett Station 80 Stall Parking Expansion June 2019 I