Northwest Construction 1/18/2022

CITY OF EVERETT SPECIAL PROVISIONS Upon written request, the City's Representative shall determine whether the actual conditions encountered by the Contractor conditions are materially different and, if so, are the cause of a material increase or decrease in the Contractor's cost of performance of the Work, or extend the duration of the critical path of the schedule. Upon such determination, the City's Representative will make an adjustment of Contract Sum or Contract Time, as appropriate. Extensions of Contract Time will be evaluated in accordance with 1-08.3 PROGRESS SCHEDULE. The City's Representative's determination that differing site conditions do not exist and/or the appropriate adjustment in Contract Sum or Contract Time (if any) shall be final. If there is a decrease in the cost or time required to perform the Work, failure of the Contractor to notify the City's Representative of the differing site condition shall not affect the City's right to make an adjustment in the Contract Sum or Contract Time. Additionally, no Contract Claim or adjustment of Contract Sum or Contract Time shall be allowed unless the Contractor has followed the procedures provided for in this Contract, 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. 111 SECTION 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: I POE Combined Sewer Main Imp. Division 1 —GENERAL REQUIREMENTS October 2021 Work Order#UP3768 SP 1-23