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CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 66 <br />1-04.7 Differing Site Conditions (Changed Conditions) <br />Delete all of 1-04.7 and substitute the following: <br />Upon discovery and before such conditions are disturbed, the Contractor shall promptly <br />provide Notice to the City’s Representative of: <br />Pre-existing subsurface or latent physical conditions at the site differing materially <br />from those indicated in this Contract, or <br />Pre-existing unknown physical conditions at the site, of an unusual nature, differing <br />materially from those ordinarily encountered and generally recognized as inhering <br />in work of the character provided for in this Contract. <br />Upon written request, the City’s Representative shall determine whether the actual <br />conditions encountered by the Contractor conditions are materially different and, if so, <br />are the cause of a material increase or decrease in the Contractor’s cost of performance <br />of the Work, or extend the duration of the critical path of the schedule. Upon such <br />determination, the City's Representative will make an adjustment of Contract Sum or <br />Contract Time, as appropriate. Extensions of Contract Time will be evaluated in <br />accordance with 1-08.3 PROGRESS SCHEDULE. <br />The City's Representative’s determination that differing site conditions do not exist <br />and/or the appropriate adjustment in Contract Sum or Contract Time (if any) shall be <br />final. If there is a decrease in the cost or time required to perform the Work, failure of <br />the Contractor to notify the City’s Representative of the differing site condition shall not <br />affect the City’s right to make an adjustment in the Contract Sum or Contract Time. <br />Additionally, no Contract Claim or adjustment of Contract Sum or Contract Time shall be <br />allowed unless the Contractor has followed the procedures provided for in this Contract, <br />including, but not limited to, furnishing timely Notice of the event and its effect on <br />Contract Time and Contract Sum as required herein. <br />Contractor shall in no event be entitled to a Contract Claim or adjustment of Contract <br />Sum or Contract Time based on an allegation that the pre-existing subsurface or latent <br />physical conditions at the site differ materially from those indicated in this Contract <br />unless Contractor establishes that it reasonably relied on the conditions indicated in this <br />Contract when making its bid, that the actual conditions encountered on the site differed <br />materially from those indicated in this Contract, and that such materially-different <br />conditions were not foreseeable at the time of its bid. <br />1-05 CONTROL OF WORK <br />1-05.1 Authority of the Engineer <br />Delete 1-05.1 and substitute the following: <br />1-05.1 City <br />(******) <br />The City, and the City’s Representative, shall have the authority to act as the sole judge of <br />the Work and materials with respect to both quantity and quality as set forth in the Contract. <br />It is expressly stipulated that the Plans, Specifications and other Contract Documents set <br />forth the requirements as to the nature of the completed Work and do not purport to control <br />the method of performing Work except in those instances where the nature of the completed <br />Work is dependent on the method of performance. <br />The City has the authority to act, do, perform, and make all decisions and actions authorized <br />by the Contract Documents, including, but not limited to, Change Orders, progress payments, <br />contract decisions, acceptability of the Contractor's Work, and early possession. The City <br />has the authority to accept or reject requests for progress payments that have been submitted <br />by the Contractor and recommended by the City’s Representative. The City has the authority