Laserfiche WebLink
I <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> I1-05 CONTROL OF WORK <br /> 1-05.1 Authority of the Engineer <br /> IDelete 1-05.1 and substitute the following: <br /> 1-05.1 City <br /> IThe City, and the City's Representative, shall have the authority to act as the sole judge of the Work <br /> and materials with respect to both quantity and quality as set forth in the Contract. It is expressly <br /> stipulated that the Plans, Specifications and other Contract Documents set forth the requirements as <br /> I <br /> to the nature of the completed Work and do not purport to control the method of performing Work <br /> except in those instances where the nature of the completed Work is dependent on the method of <br /> performance. <br /> I The City has the authority to act, do, perform, and make all decisions and actions authorized by the <br /> Contract Documents, including, but not limited to, Change Orders, progress payments, contract <br /> decisions, acceptability of the Contractor's Work, and early possession. The City has the authority to <br /> I accept or reject requests for progress payments that have been submitted by the Contractor and <br /> recommended by the City's Representative. The City has the authority to make determinations of the <br /> acceptability of the Work. The City also has the authority to accept or reject the City's Representative's <br /> I recommendations regarding retention of defective Work. <br /> 1-05.2 Authority of Assistants and Inspectors <br /> Delete 1-05.2 and substitute the following: <br /> I <br /> 1-05.2 City's Representative <br /> (******) <br /> The City's Representative shall be satisfied that all the Work is being done in accordance with the <br /> I requirements of the Contract. The Contract and Specifications give the City's Representative authority <br /> over the Work. Whenever it is so provided in this Contract, the decision of the City's Representative <br /> shall be final. <br /> l <br /> The City's Representative's decisions will be final on all questions including, but not limited to, the <br /> following: <br /> (x) 1. Quality and acceptability of materials and Work; <br /> (y) 2. Measurement of Work, whether lump sum, Force Account, or unit price; <br /> (z) 3. Acceptability of rates of progress on the Work; <br /> (aa) 4. Interpretation of Plans and Specifications; <br /> I (bb) 5. Determination as to the existence of changed or differing site conditions; <br /> (cc) 6. Fulfillment of the Contract by the Contractor; <br /> (dd) 7. Payments under the Contract including adjustment; <br /> (ee) 8. Suspension(s) of Work; <br /> I <br /> (ff) 9. Termination of the Contract for default or public convenience; and <br /> (gg) 10. Approval of working or detail Plans and Submittals. <br /> If the Contractor fails to respond promptly to the requirements of the Contract or orders from the City's <br /> I Representative: <br /> (hh) 1. The City's Representative may use the City's resources, other contractors, <br /> or other means to accomplish the Work, and <br /> I (ii) 2. The City will not be obligated to pay the Contractor, and will deduct from the <br /> Contractor's payments, costs that result when other means are used to carry out the <br /> Contract requirements or City's Representative's orders. <br /> I At the Contractor's risk, the City's Representative may suspend all or part of the Work if: <br /> (jj) 1. The Contractor fails to fulfill Contract terms, to carry out the City's Representative's <br /> orders, or to correct unsafe conditions of any nature; or <br /> I SEI to SRI Intertie,SR08 Rehab Division 1 -GENERAL REQUIREMENTS WO No.-UP3714 <br /> SP-57 <br /> I <br />