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CITY OF EVERE T T SPECIAL PROVISIONS <br /> Provisions. Provide manufacturer's installation instructions and procedures to the City <br /> prior to installation of the manufactured articles, material and 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 <br /> the technical sections of the Specifications. Furnishing of material and Equipment by <br /> the 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 <br /> to be "FOB" railroad station or truck terminal nearest to the site of the Work. At no cost <br /> to 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 <br /> and Equipment on receipt and provide the City with written acceptance for the <br /> incorporation of said material and Equipment into the Work. After receipt by the <br /> ' Contractor, the Contractor bears all risk of loss and casualty to City furnished materials <br /> 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 <br /> specified in a written notice from the Engineer, or fails to perform Work required by the <br /> ' Contract Documents, the Engineer may correct and remedy such Work as may be <br /> identified in the written notice, with City forces or by such other means as the City may <br /> deem necessary. <br /> ' If the Contractor fails to comply with a written order to remedy what the Engineer <br /> determines to be an emergency situation, the Engineer may have the defective and <br /> unauthorized Work corrected immediately, have the rejected Work removed and <br /> replaced, or have Work the Contractor refuses to perform completed by using City or <br /> ' other forces. An emergency situation is a situation when, in the opinion of the <br /> Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk <br /> of loss or damage to the public. <br /> ' Direct or indirect costs incurred by the City attributable to correcting and remedying <br /> defective or unauthorized Work, or Work the Contractor failed or refused to perform, <br /> shall be paid by the Contractor. Payment will be deducted by the Engineer from <br /> ' monies due, or to become due, the Contractor. Such direct and indirect costs shall <br /> include in particular, but without limitation, compensation for additional professional <br /> services required, and costs for repair and replacement of Work of others destroyed or <br /> ' damaged by correction, removal, or replacement of the Contractor's unauthorized <br /> Work. <br /> In its sole discretion, the City may retain Work that is not in compliance with the <br /> ' Contract. The City will determine the just and reasonable value for such defective <br /> Work and deductions will be made in the payments due or to become due to the <br /> Contractor. Final Acceptance will not act as a waiver of the City's right to recover from <br /> the Contractor an amount representing the deduction for retention of defective Work. <br /> 1 <br /> Alverson Stormwater Separation February, 2019 <br /> WO No—UP3660 Division 1 —GENERAL REQUIREMENTS <br /> SP—63 <br />