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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-68 <br />If the Contractor’s Request for Information requires a change order, the Engineer’s <br />response will indicate whether they are authorizing the Contractor to proceed with the <br />changed work prior to an executed change order. Without this authorization, the Contractor <br />shall not proceed with the changed work until a Change Order has been processed. If the <br />Contractor believes the response requires a change order and the Engineer does not <br />specifically state that a change order is necessary, the Contractor shall submit its Notice in <br />accordance with Section 1-04.5. Proceeding without Notice shall waive the Contractor’s <br />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 <br />reject 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 />1. Quality and acceptability of materials and Work; <br />2. Measurement of Work, whether lump sum, Force Account, or unit price; <br />3. Acceptability of rates of progress on the Work; <br />4. Interpretation of Plans and Specifications; <br />5. Determination as to the existence of changed or differing site conditions; <br />6. Fulfillment of the Contract by the Contractor; <br />7. Payments under the Contract including adjustment; <br />8. Suspension(s) of Work; <br />9. Termination of the Contract for default or public convenience; and <br />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 <br />from the City’s Representative: <br />1. The City’s Representative may use the City’s resources, other contractors, or other <br />means to accomplish the Work, and <br />2. The City will not be obligated to pay the Contractor, and will deduct from the <br />Contractor’s payments, costs that result when other means are used to carry out <br />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, <br />Equipment, and machinery are being obtained for the Work. If requested by the City’s <br />Representative or City, the Contractor shall provide the assistance necessary for obtaining