Earthworks Solutions, LLC 5/3/2024

CITY OF EVERETT SPECIAL PROVISIONS Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 Work Order No. UP 3814 SP-67 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. 1-05.1(2) Requests for Information (RFI) No Claim shall be allowed because of ambiguities in the Contract if: 1. The Contractor discovers an ambiguity but fails to notify the City, or 2. The Contractor failed to discover a patent ambiguity that would be discovered by a reasonably prudent Contractor. If the Contractor discovers an ambiguity in the Contract or desires an explanation or interpretation of the Contract, the Contractor shall request the explanation or interpretation in writing by way of a Request for Information (RFI). The RFI shall clearly define the ambiguity and have enough detail for the Engineer to provide an explanation or interpretation. If such detail is not provided, the Engineer will return the RFI as incomplete. Should the RFI require a change to the Contract, the Contractor will indicate in the RFI that it includes a request for change (RFC). A RFI shall not be used nor constitute a notice required in accordance with Sections 1-04.5 and 1-04.7. The Contractor may submit an RFI for the one of following reasons: 1. The Contractor believes there is information missing from the Contract Documents (Missing Information). 2. The Contractor believes a clarification of one or more of the Contract requirements is necessary (Clarification). 3. The Contractor needs to repair or otherwise correct a deficiency in the Work that requires a Change to the Contract to be acceptable (RFC – Construction Deficiency/ Repair procedure). Requests submitted for this reason shall be submitted in accordance with Section 1-05.7(1). 4. The Contractor needs to substitute a material that provides an equal or better level of performance as the one specified in the Contract (RFC – Material Substitution). Requests shall indicate the location(s), quantity, and shall describe how the material provides an equal or better level of performance as the material originally specified. 5. The Contractor may submit a RFI that requests a change to the Contract requirements for a reason other than one listed in items 1-4 of this section (RFC – Other). To be considered, the request must not meet the requirements of a Value Engineering Change Proposal. To be considered, the request shall describe how the change is beneficial to the project Unless otherwise determined by the City in writing, the Engineer will respond, in writing, to RFIs within 14 calendar days in the order they are received. If the Engineer cannot respond within 14 calendar days due to the nature and complexity of the RFI, the Engineer will respond to the RFI stating how many additional days are needed for a full response. This does not relieve the Contractor of its responsibility to request a time extension in accordance with Section 1-08.8. If the Contractor needs to prioritize a RFI it shall indicate so as part of the RFI. Oral explanations, interpretations, or instructions given by anyone other than the Engineer will not be binding on the Contracting Agency. A response to a RFI shall be considered a Written Determination.