Interwest Construction Inc 8/9/2018

CITY OF EVERETT SPECIAL PROVISIONS 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 the 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. 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 services required, and costs for repair and replacement of Work of others destroyed or damaged by correction, removal, or replacement of the Contractor's unauthorized Work. In its sole discretion, the City may retain Work that is not in compliance with the Contract. The City will determine the just and reasonable value for such defective Work and deductions will be made in the payments due or to become due to the Contractor. Final Acceptance will not act as a waiver of the City's right to recover from the Contractor an amount representing the deduction for retention of defective Work. No adjustment in Contract Time or Contract Sum will be allowed because of the Delay in the performance of the Work attributable to the exercise of the City's rights provided by this section. The rights exercised under the provisions of this section shall not diminish the City's right to pursue any other avenue for additional remedy or damages with respect to the Contractor's failure to perform the Work as required. Wetmore Ave Stormwater Bypass Division 1 —GENERAL REQUIREMENTS August, 2018 WO No—UP3704 SP—1-62