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CITY OF EVERETT SPECIAL PROVISIONS <br /> Contractor remains responsible and liable for all errors, defects or a lack of quality not <br /> discovered by inspection or observation. <br /> 1-05.6(2) Manufacturer's Directions <br /> (******) <br /> Manufactured articles, material and Equipment shall be transported, stored, applied, <br /> installed, connected, erected, adjusted, tested, operated and maintained as <br /> recommended by the manufacturer, unless otherwise specified in these Special <br /> Provisions. Contractor shall provide manufacturer's installation instructions and <br /> procedures to the City prior to installation of the manufactured articles, material and <br /> Equipment. <br /> 1-05.6(3) Materials and Equipment Furnished by City <br /> (******) <br /> Contractor shall install materials and Equipment furnished by the City as provided in the <br /> technical sections of the Specifications. Furnishing of material and Equipment by the <br /> City will be considered conclusive evidence of their acceptability for the purpose <br /> intended. If the Contractor discovers defects in material or Equipment furnished by the <br /> City, it shall immediately notify the City. After such discovery, the Contractor shall not <br /> proceed with Work involving City-furnished materials and Equipment unless authorized <br /> by the City. Unless otherwise noted or specifically stated, materials and Equipment <br /> furnished by the City, that are not of local occurrence or manufacture, are considered to <br /> be "FOB" railroad station or truck terminal nearest to the site of the Work. At no cost to <br /> the City, the Contractor shall unload, transport, store, and protect such material and <br /> Equipment from damage. The Contractor shall inspect such City-furnished material and <br /> Equipment on receipt and provide the City with written acceptance for the incorporation <br /> of said material and Equipment into the Work. After receipt by the Contractor, the <br /> Contractor bears all risk of loss and casualty to City furnished materials and Equipment. <br /> 1-05.7 Removal of Defective and Unauthorized Work <br /> Supplement 1-05.7 by adding the following: <br /> If the Contractor fails to remedy defective or unauthorized Work within the time specified <br /> in a written notice from the Engineer, or fails to perform Work required by the Contract <br /> Documents, the Engineer may correct and remedy such Work as may be identified in <br /> the written notice, with City forces or by such other means as the City may deem <br /> necessary. <br /> If the Contractor fails to comply with a written order to remedy what the Engineer <br /> determines to be an emergency situation, the Engineer may have the defective and <br /> unauthorized Work corrected immediately, have the rejected Work removed and <br /> replaced, or have Work the Contractor refuses to perform completed by using City or <br /> other forces.An emergency situation is a situation when, in the opinion of the Engineer, <br /> a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or <br /> damage to the public. <br /> Direct or indirect costs incurred by the City attributable to correcting and remedying <br /> defective or unauthorized Work, or Work the Contractor failed or refused to perform, <br /> shall be paid by the Contractor. Payment will be deducted by the Engineer from monies <br /> due, or to become due, the Contractor. Such direct and indirect costs shall include in <br /> particular, but without limitation, compensation for additional professional services <br /> required, and costs for repair and replacement of Work of others destroyed or damaged <br /> by correction, removal, or replacement of the Contractor's unauthorized Work. <br /> Jackson Park Area Stormwater Separation <br /> WO No—UP3703 Division 1 —GENERAL REQUIREMENTS September 2020 <br /> SP-64 <br />