A-1 Landscaping and Construction, Inc. 7/20/2016

I 1 necessary for the setting and maintaining of the alignment and grade as specified. 2 3 1-05.6A Materials and Equipment Furnished by Owner 4 5 A new section 1-05.6A is added as follows: 6 7 Contractor shall install materials and Equipment furnished by the Owner as provided in 8 the technical sections of the specifications. Furnishing of material and Equipment by 9 the Owner will be considered conclusive evidence of their acceptability for the purpose 10 intended. If the Contractor discovers defects in material or Equipment furnished by the 11 Owner, it shall immediately notify the Owner. After such discovery, the Contractor shall 111 12 not proceed with work involving Owner-furnished materials and Equipment unless 13 authorized by the Owner. Unless otherwise noted or specifically stated, materials and 14 Equipment furnished by the Owner, which are not of local occurrence or manufacture, 15 are considered to be "FOB" railroad station or truck terminal nearest to the site of the 16 work. At no cost to the Owner, the Contractor shall unload, transport, store, and protect 17 such material and Equipment from damage. The Contractor shall inspect such Owner- 18 furnished material and Equipment on receipt and provide the Owner with written 19 acceptance for the incorporation of said material and Equipment into the work. After 20 receipt by the Contractor, the Contractor bears all risk of loss and casualty to Owner 21 furnished materials and Equipment 22 23 1-05.7 Removal of Defective and Unauthorized Work 24 ,25 Section 1-05.7 is modified by adding the following: 26 27 In its sole discretion, the Owner may retain work that is not in compliance with the 28 Contract. The Owner will determine the just and reasonable value for such defective 29 work and deductions will be made in the payments due or to become due to the 30 Contractor. Final Acceptance will not act as a waiver of the Owner's right to recover 31 from the Contractor an amount representing the deduction for retention of defective 32 work. 33 34 If the Contractor fails to remedy defective or unauthorized work within the time specified 35 in a written notice from the Engineer, or fails to perform any part of the work required by 36 the Contract Documents, the Engineer may correct and remedy such work as may be 37 identified in the written notice, with Contracting Agency forces or by such other means I 38 as the Contracting Agency may deem necessary. 39 40 If the Contractor fails to comply with a written order to remedy what the Engineer 41 determines to be an emergency situation, the Engineer may have the defective and 42 unauthorized work corrected immediately, have the rejected work removed and 43 replaced, or have work the Contractor refuses to perform completed by using 44 Contracting Agency or other forces. An emergency situation is any situation when, in the 45 opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause 46 serious risk of loss or damage to the public. 47 48 Direct or indirect costs incurred by the Contracting Agency attributable to correcting and 49 remedying defective or unauthorized work, or work the Contractor failed or refused to 50 perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from 51 monies due, or to become due, the Contractor. Such direct and indirect costs shall 52 include in particular, but without limitation, compensation for additional professional 53 services required, and costs for repair and replacement of work of others destroyed or I RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 30III