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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 – 68 <br />believes the response requires a change order and the Engineer does not specifically state <br />that a change order is necessary, the Contractor shall submit its Notice in accordance with <br />Section 1-04.5. Proceeding without Notice shall waive the Contractor’s rights to Claim. <br />The Contractor shall bear all risk and all costs of any Work delays caused by rejection or <br />non-approval of any RFI that Requests a Change (RFC). The Contractor agrees the <br />Engineer is under no obligation to accept an RFC. The Engineer’s decision to accept or reject <br />all or part of a RFI that requests a change is final and not subject to protest. <br />Unit Bid prices shall cover all costs of submitting RFIs. <br />1-05.2 Authority of Assistants and Inspectors <br />Delete 1-05.2 and substitute the following: <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 <br />with the requirements of the Contract. The Contract and Specifications give the City’s <br />Representative authority over the Work. Whenever it is so provided in this Contract, the <br />decision of the City’s Representative shall be final. <br />The City’s Representative’s decisions will be final on all questions including, but not limited <br />to, the following: <br />(g) 1. Quality and acceptability of materials and Work; <br />(h) 2. Measurement of Work, whether lump sum, Force Account, or unit price; <br />(i) 3. Acceptability of rates of progress on the Work; <br />(j) 4. Interpretation of Plans and Specifications; <br />(k) 5. Determination as to the existence of changed or differing site conditions; <br />(l) 6. Fulfillment of the Contract by the Contractor; <br />(m) 7. Payments under the Contract including adjustment; <br />(n) 8. Suspension(s) of Work; <br />(o) 9. Termination of the Contract for default or public convenience; and <br />(p) 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 <br />the City’s Representative: <br />(q) 1. The City’s Representative may use the City’s resources, other contractors, <br />or other means to accomplish the Work, and <br />(r) 2. The City will not be obligated to pay the Contractor, and will deduct from <br />the Contractor’s payments, costs that result when other means are used to carry <br />out the Contract requirements or City’s Representative’s orders. <br />At the Contractor’s risk, the City’s Representative may suspend all or part of the Work if: <br />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 />2. It is in the public interest. <br />The City’s Representative and City shall have complete access to the Work and to the site <br />of the Work and to the places where Work is being prepared or where materials, Equipment, <br />and machinery are being obtained for the Work. If requested by the City’s Representative or <br />City, the Contractor shall provide the assistance necessary for obtaining such access, and <br />shall provide information related to the inspection of construction. Absence of such access <br />or information, as needed, may result in the City’s refusal to accept the Work. <br />The City’s Representative has the authority to recommend Change Orders, but does not <br />have authority to approve Change Orders. Proposed Change Orders are subject to review <br />and approval by the City. No proposed Change Order or any change of Contract Sum or