Rodarte Construction Inc Everett Station Parking Expansion

I 1 I 2 Upon discovery and before such conditions are disturbed, the Contractor shall promptly 3 provide Notice to the City's Representative of: I 4 5 1. Preexisting subsurface or latent physical conditions at the site differing materially 6 from those indicated in this Contract, or III7 2. Preexisting unknown physical conditions at the site, of an unusual nature, differing 8 materially from those ordinarily encountered and generally recognized as inhering in 9 Work of the character provided for in this Contract. ' 10 11 If requested in writing by the Contractor and if the Owner's Representative finds that 12 conditions are materially different and cause a material increase or decrease in the 13 Contractor's cost of performance of the Work, or extends the duration of the critical path of 14 the schedule, the Owner's Representative will make an adjustment of Contract Sum or 15 Contract Time. Extensions of Contract Time will be evaluated in accordance with Section 16 1-08.3 Progress Schedule. I 17 18 However, if the parties are unable to agree on an adjustment of Contract Sum or Contract 19 Time, the Owner's Representative will determine the amount of the adjustment of Contract I 20 Sum or Contract Time. If the Owner's Representative determines that differing site 21 conditions do not exist or that no adjustment in Contract Sum or Contract Time is 22 warranted, such determination shall be final. If there is a decrease in the cost or time 23 required to perform the Work, failure of the Contractor to notify the Owner's Representative I 24 of the differing site condition shall not affect the Owner's right to make an adjustment in the 25 Contract Sum or Contract Time. Additionally, no Contract Claim or adjustment of Contract 26 Sum or Contract Time shall be allowed unless the Contractor has followed the procedures 27 provided for in this Contract, including, but not limited to, furnishing timely Notice of the 28 event and its effect on Contract Time and Contract Sum as required herein. 29 301 31 1-05 Control of Work 32 33 1-05.1 Authority of the Engineer I 34 Delete Section 1-05.1 and substitute the following: 35 36 1-05.1 City I 37 38 The City, and the City's Representative, shall have the authority to act as the sole judge of 39 the Work and materials with respect to both quantity and quality as set forth in the Contract. I 40 It is expressly stipulated that the drawings, Specifications and other Contract Documents 41 set forth the requirements as to the nature of the completed Work and do not purport to 42 control the method of performing Work except in those instances where the nature of the 43 completed Work is dependent on the method of performance. 44 45 The City has the authority to act, do, perform, and make any all decisions and actions 46 authorized by the Contract Documents, including, but not limited to, Change Orders, I 47 progress payments, Contract decisions, acceptability of the Contractor's Work, and early 48 possession. The City has the authority to accept or reject requests for progress payments 49 that have been submitted by the Contractor and recommended by the City's ' 50 Representative. The City has the authority to make determinations of the acceptability of City of Everett Page SP1-18 Special Provisions Everett Station 80 Stall Parking Expansion June 2019 I