Rodarte Construction Inc 2/14/2018

1 CITY OF EVERETT PUBLIC WORKS 00 72 13 SPECIAL PROVISIONS GENERAL CONDITIONS t 8.4 Material and Equipment Specified by Name A. When material or Equipment is specified by reference to patents, brand names, or catalog I numbers, the Owner will not usually consider or approve a substitution. However, the Contractor may offer substitutions of products it considers to be equal to that specified, but the Owner is not obliged or required to consider or accept such offered substitution. ' 8.5 Requests for Substitution A. The Contractor may offer material or Equipment of equal or better quality and performance in substitution for those specified. Only the Contractor may request substitutions. The Contractor's offers of substitution shall be made in writing to the Owner's Representative and shall include sufficient data to enable the Owner's Representative to assess the acceptability of the material or Equipment for the particular application and requirements. The Owner and Owner's Representative are not required or obligated to consider or review a request for substitution and may,in their sole discretion and option, consider or review such requests. ' B. If the offered substitution requires changes to or coordination with other portions of the work,the Contractor shall include with its substitution request any such drawings and details showing such changes. The Contractor agrees to perform these changes as part of the substitution of material or Equipment at no additional cost to the Owner. Approval of a substitution request shall not relieve the Contractor from responsibility for the efficiency, quality, and performance of the substitute material or Equipment, in the same manner and degree as the material and Equipment originally ' specified. Any cost differential associated with a substitution shall be reflected in the offer. If the Owner approves the substitution, the Contract Documents shall be modified by a Change Order modifying the Contract Sum in the amount of the cost differential. ' 8.6 Demonstration of Compliance with Contract Requirements A. Inspection ' 1. The burden of proving the constructed Work complies with the Contract Documents shall be on the Contractor at all times. To demonstrate its compliance with the Contract requirements, the Contractor shall assist the Owner's Representative in his or her inspection and observation of the Work. The Contractor shall grant the Owner's Representative access to the Work and Work Site, and to places where Work is being prepared, or where materials, Equipment, or machinery are being obtained for Work. The Contractor shall provide information requested by the Owner's Representative in connection with inspection work. 2. If the Contract Documents, laws, ordinances, or any public regulatory authority requires parts of the Work to be specially inspected, tested, or approved, the Contractor shall give the Owner's Representative adequate prior written Notice of the availability of the subject Work for examination, which Notice shall be not less than two(2) working days. 3. Inspection and quality control tests performed on Work by the Contractor by the Owner's Representative shall not relieve the Contractor of its responsibility for errors or lack of quality therein and shall not be regarded as an assumption of risks or liability by the Owner's Representative for the Contractor's compliance with these Contract Documents. Contractor remains responsible and liable for all errors, defects or a lack of quality not discovered by inspection or observation. 4. If parts of the Work are covered prior to inspection or observation, the cost of exposing the Work for inspection and closing and re-covering shall be borne by the Contractor regardless of whether the Work is found to be in compliance with the Contract. Legion Golf Course Stormwater Detention Project November 28, 2017 WO#UP3620 00 72 13 -34 t