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CITY OF EVERETT SPECIAL PROVISIONS <br /> specific so as to allow the City to mitigate or avoid increased costs, time of performance, <br /> damages or injury. Contractor's failure to provide such Notice in a timely way shall be <br /> deemed a waiver and release of any and all Contract Claims relating to, arising out of, <br /> or caused by, any alleged interference, difficulty or problem with another contractor or <br /> worker engaged by the City. <br /> 1-06 CONTROL OF MATERIAL <br /> Supplement Section 1-06 as follows: <br /> References to materials shall also mean Contractor furnished Equipment, if any, as specified <br /> in these Special Provisions. <br /> 1-06.1 Approval of Materials Prior to Use <br /> Revise the first paragraph of 1-06.1 to read as follows: <br /> Prior to use, Contractor shall notify the Engineer of all proposed materials. Contractor <br /> may use the Qualified Product List (QPL) and the Aggregate Source Approval (ASA) <br /> Database. Contractor shall use the Request for Approval of Material (RAM) form. <br /> Supplement 1-06.1 by adding the following: <br /> Contractor shall provide product data, when specified, in accordance with 1-05.3(1) <br /> SUBMITTALS of these Special Provisions for inspecting, testing, operating, or <br /> maintaining Equipment and materials supplied as part of the Work. Unless otherwise <br /> specified, such data shall be provided at the time the referenced material or Equipment <br /> is delivered to the job site. Contractor shall provide data as specified and include, unless <br /> otherwise specified, but not be limited to shop drawings, erection drawings, reinforcing <br /> steel schedules, testing and adjusting instructions, operations manuals, maintenance <br /> procedures, parts lists, and record drawings. Contractor shall provide data as part of <br /> the Work under this Contract and its acceptability will be determined by the City in its <br /> sole discretion. <br /> Further supplement 1-06.1 by adding the following: <br /> 1-06.1(5) Requests for Substitution <br /> The City will not usually consider a substitution for material or Equipment specified by <br /> brand name or manufacturer or sole-sourced. <br /> Only the Contractor may offer materials or Equipment of equal or better quality and <br /> performance as a substitution for those specified. The Contractor shall make <br /> substitution offers in writing to the City's Representative in accordance with 1-05.3(1) <br /> SUBMITTALS of these Special Provisions. The substitution offer must include sufficient <br /> data to enable the City's Representative to assess the acceptability of the material or <br /> Equipment for the particular application and requirements. The City and City's <br /> Representative are not required or obligated to consider or review a request for <br /> substitution and may, in their sole discretion and option, consider or review such <br /> requests. <br /> If the offered substitution requires changes to or coordination with other portions of the <br /> Work, include, if any, drawings and details showing such changes. The Contractor <br /> agrees to perform these changes as part of the substitution of material or Equipment at <br /> no additional cost to the City. Approval of a substitution request will not relieve the <br /> Contractor from responsibility for the efficiency, quality, and performance of the <br /> substitute material or Equipment, in the same manner and degree as the material and <br /> Equipment originally specified. Reflect cost differential associated with a substitution in <br /> Jackson Park Area Stormwater Separation <br /> WO No—UP3703 Division 1 —GENERAL REQUIREMENTS September 2020 <br /> SP-73 <br />