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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 – 74 <br />shall provide information requested by the City’s Representative in connection with <br />inspection work. <br />If the Contract Documents, laws, ordinances, or public regulatory authority requires parts <br />of the Work to be specially inspected, tested, or approved, the Contractor shall give the <br />City’s Representative be not less than two working days prior written Notice of the <br />availability of the 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 <br />quality therein and shall not be regarded as an assumption of risks or liability by the <br />City’s Representative for the Contractor's compliance with these Contract Documents. <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,