Thomco Construction Inc. 6/14/2021

I CITY OF EVERETT SPECIAL PROVISIONS including, but not limited to, furnishing timely Notice of the event and its effect on ' Contract Time and Contract Sum as required herein. Contractor shall in no event be entitled to a Contract Claim or adjustment of Contract Sum or Contract Time based on an allegation that the pre-existing subsurface or latent physical conditions at the site differing materially from those indicated in this Contract unless Contractor establishes that it reasonably relied on the conditions indicated in this Contract when making its bid, that the actual conditions encountered on the site differed ' materially from those indicated in this Contract, and that such materially-different conditions were not foreseeable at the time of its bid. 1-05 CONTROL OF WORK ' 1-05.1 Authority of the Engineer Delete 1-05.1 and substitute the following: 1-05.1 City ' (******) The City, and the City's Representative, shall have the authority to act as the sole judge of the Work and materials with respect to both quantity and quality as set forth in the Contract. ' It is expressly stipulated that the Plans, Specifications and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the method of performing Work except in those instances where the nature of the completed Work is dependent on the method of performance. The City has the authority to act, do, perform, and make all decisions and actions authorized by the Contract Documents, including, but not limited to, Change Orders, progress payments, contract decisions, acceptability of the Contractor's Work, and early possession. The City has the authority to accept or reject requests for progress payments that have been submitted by the Contractor and recommended by the City's Representative. The City has the authority ' to make determinations of the acceptability of the Work. The City also has the authority to accept or reject the City's Representative's recommendations regarding retention of defective Work. ' 1-05.2 Authority of Assistants and Inspectors Delete 1-05.2 and substitute the following: 1-05.2 City's Representative ' (******) The City's Representative shall be satisfied that all the Work is being done in accordance with the requirements of the Contract. The Contract and Specifications give the City's Representative authority over the Work. Whenever it is so provided in this Contract, the decision of the City's Representative shall be final. The City's Representative's decisions will be final on all questions including, but not limited ' to, the following: 1. Quality and acceptability of materials and Work; 2. Measurement of Work, whether lump sum, Force Account, or unit price; 3. Acceptability of rates of progress on the Work; 4. Interpretation of Plans and Specifications; 5. Determination as to the existence of changed or differing site conditions; 6. Fulfillment of the Contract by the Contractor; 7. Payments under the Contract including adjustment; ' 8. Suspension(s) of Work; Water Main Replacement"V" Division 1 —GENERAL REQUIREMENTS April,2021 WO No—UP3730 SP—55 i