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CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 84 <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 />(******) <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 />the offer. If the City approves the substitution, the Contract Documents will be modified <br />by a Change Order modifying the Contract Sum in the amount of the cost differential.