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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 <br />Work Order No. UP 3814 SP-66 <br />waiver of any Contract Claim for reimbursement or additional Contract Time for each <br />such item of Extra Work. The Contractor shall permit the City access to these and any <br />other records needed for evaluating requests for additional Contract Time or Contract <br />Sum. <br />1-04.5(4) Contract Claim <br />A Contractor dissatisfied with the City’s response or (non-response) to a Notice <br />provided under Section 1-04.5 completely waives any claims related to such Notice <br />unless the Contractor submits a Contract Claim in accordance with Section 1-09.11. <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 <br />promptly 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, <br />differing materially from those ordinarily encountered and generally recognized as <br />inhering 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 <br />performance of the Work, or extend the duration of the critical path of the schedule. <br />Upon such determination, the City's Representative will make an adjustment of <br />Contract Sum or Contract Time, as appropriate. Extensions of Contract Time will be <br />evaluated in 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 <br />be allowed unless the Contractor has followed the procedures provided for in this <br />Contract, including, but not limited to, furnishing timely Notice of the event and its <br />effect on 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 <br />this Contract when making its bid, that the actual conditions encountered on the site <br />differed materially from those indicated in this Contract, and that such materially - <br />different conditions were not foreseeable at the time of its bid. <br /> <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