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1 <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> 1-05.6(1) Demonstration of Compliance with Contract Requirements <br /> (******) <br /> The burden of proving the constructed Work complies with the Contract Documents shall be <br /> on the Contractor at all times. The Contractor shall grant the City's Representative access to <br /> the Work and work site and to places where Work is being prepared, or where materials, <br /> Equipment, or machinery are being obtained for the Work. The Contractor shall provide <br /> information requested by the City's Representative in connection with inspection work. <br /> If the Contract Documents, laws, ordinances, or public regulatory authority requires parts of <br /> the Work to be specially inspected, tested, or approved, the Contractor shall give the City's <br /> Representative be not less than two working days prior written Notice of the availability of the <br /> subject Work for examination. <br /> Inspection and quality control tests performed on the Contractor's work by the City's <br /> Representative shall not relieve the Contractor of its responsibility for errors or lack of quality <br /> therein and shall not be regarded as an assumption of risks or liability by the City's <br /> Representative for the Contractor's compliance with these Contract Documents. Contractor I <br /> remains responsible and liable for all errors, defects or a lack of quality not discovered by <br /> inspection or observation. <br /> 1-05.6(2) Manufacturer's Directions I <br /> (******) <br /> Manufactured articles, material and Equipment shall be transported, stored, applied, installed, <br /> connected, erected, adjusted, tested, operated and maintained as recommended by the <br /> manufacturer, unless otherwise specified in these Special Provisions. Contractor shall <br /> provide manufacturer's installation instructions and procedures to the City prior to installation <br /> of the manufactured articles, material and Equipment. I <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 City <br /> will be considered conclusive evidence of their acceptability for the purpose intended. If the <br /> Contractor discovers defects in material or Equipment furnished by the City, it shall <br /> immediately notify the City. After such discovery, the Contractor shall not proceed with Work <br /> involving City-furnished materials and Equipment unless authorized by the City. Unless <br /> otherwise noted or specifically stated, materials and Equipment furnished by the City, that are <br /> not of local occurrence or manufacture, are considered to be "FOB" railroad station or truck <br /> terminal nearest to the site of the Work. At no cost to the City, the Contractor shall unload, <br /> transport, store, and protect such material and Equipment from damage. The Contractor shall <br /> inspect such City-furnished material and Equipment on receipt and provide the City with <br /> written acceptance for the incorporation of said material and Equipment into the Work. After <br /> receipt by the Contractor, the Contractor bears all risk of loss and casualty to City furnished <br /> materials and Equipment. <br /> 1-05.7 Removal of Defective and Unauthorized Work I <br /> Supplement 1-05.7 by adding the following: <br /> If the Contractor fails to remedy defective or unauthorized Work within the time specified in a <br /> written notice from the Engineer or fails to perform Work required by the Contract Documents, <br /> the Engineer may correct and remedy such Work as may be identified in the written notice, <br /> with City forces or by such other means as the City may deem necessary. <br /> POE Combined Sewer Main Imp. Division 1 —GENERAL REQUIREMENTS October 2021 <br /> Work Order#UP3768 SP 1-30 ' <br />