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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-31 <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 <br />be on the Contractor at all times. The Contractor shall grant the City’s Representative <br />access to the Work and work site and to places where Work is being prepared, or where <br />materials, Equipment, or machinery are being obtained for the Work. The Contractor <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