Reece Construction Company Inc 4/24/2018

I CITY OF EVERETT SPECIAL PROVISIONS Inspection and quality control tests performed on the Contractor's work by the City'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 City'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. 1-05.6(2) Manufacturer's Directions (******) Manufactured articles, material and Equipment shall be transported, stored, applied, installed, connected, erected, adjusted, tested, operated and maintained as recommended by the manufacturer, unless otherwise specified in these Special Provisions. Provide manufacturer's installation instructions and procedures to the City prior to installation of the manufactured articles, material and Equipment. 1-05.6(3) Materials and Equipment Furnished by City (******) Contractor shall install materials and Equipment furnished by the City as provided in the technical sections of the Specifications. Furnishing of material and Equipment by the City will be considered conclusive evidence of their acceptability for the purpose intended. If the Contractor discovers defects in material or Equipment furnished by the City, it shall immediately notify the City. After such discovery, the Contractor shall not proceed with Work involving City-furnished materials and Equipment unless authorized by the City. Unless otherwise noted or specifically stated, materials and Equipment furnished by the City, that are not of local occurrence or manufacture, are considered to be "FOB" railroad station or truck terminal nearest to the site of the Work. At no cost to the City, the Contractor shall unload, transport, store, and protect such material and Equipment from damage. The Contractor shall inspect such City-furnished material and Equipment on receipt and provide the City with written acceptance for the incorporation of said material and Equipment into the Work. After receipt by the Contractor, the Contractor bears all risk of loss and casualty to City furnished materials and Equipment. 1-05.7 Removal of Defective and Unauthorized Work , Supplement 1-05.7 by adding the following: If the Contractor fails to remedy defective or unauthorized Work within the time specified in a written notice from the Engineer, or fails to perform Work required by the111 Contract Documents, the Engineer may correct and remedy such Work as may be identified in the written notice, with City forces or by such other means as the City may deem necessary. 111 If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized Work corrected immediately, have the rejected Work removed and replaced, or have Work the Contractor refuses to perform completed by using City or other forces. An emergency situation is a situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public. Direct or indirect costs incurred by the City attributable to correcting and remedying defective or unauthorized Work, or Work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional Water Main Replacement"S" Division 1 —GENERAL REQUIREMENTS January 29, 2018 1 WO No—UP3664 SP—62 I