American Process Group Inc 7/9/2019

City of Everett 00 7200-26 ' 2019 Biosolids Removal UT3705-2 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 I 8.6.1. Inspection 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. 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. 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. 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. 8.6.2. Samples of Materials The Contractor shall provide Samples or specimens of materials to be incorporated in the Work that require laboratory examination or special testing, as requested by the Owner's Representative. Such Samples or specimens shall be provided in ample time to permit making proper test analysis and examinations before the Contractor plans to incorporate the material into the Work. An independent testing laboratory will conduct tests of material in accordance with the Specifications. In the absence of a specific test requirement,the Owner's Representative will determine the appropriate standard test to be used. 8.6.3. Certification I In cases where compliance of materials or Equipment to Contract requirements is not readily determinable through inspection and tests,the Contractor shall provide properly authenticated documents, certificates, or other proof satisfactory to the Owner's Representative that the materials and Equipment comply with the Contract requirements. These documents,certifications, and proofs shall include performance characteristics, construction materials, and physical or chemical characteristics of materials. The Contractor shall pay all associated costs of such certification. I 8.6.4. Inspection at Point of Manufacturing The Contractor shall be responsible and reimburse the Owner for the costs of inspections occurring outside of Whatcom, Skagit, Island, Snohomish, King,Pierce and Thurston counties if(a)inspection and testing of materials or Equipment in the vicinity of the Work by the Owner is not practicable, (b) the Contractor requests the Owner to inspect and test material or Equipment at the point of manufacture,or (c)the Specifications require that inspection,testing or witnessing of tests take place at the point of 00 7200 - 26 GENERAL CONDITIONS111