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City of Everett 00 7200 - 9 <br /> <br /> <br />General Conditions <br />007200-9 202082-10 May 2024 <br />pw://Carollo/Documents/WA/Everett/202082-100000/04 Design/04 Specs/Carollo/007200 (FS-100) <br /> <br />between the top and bottom of the Work. If it is necessary to remove, relocate, or temporarily <br />maintain the utility, that work shall be included in a Change Order. The utility owner has the <br />option of doing such work or permitting the work to be performed by the Contractor. In either <br />case, the cost of the work incurred by or charged to the Contractor will be included in a Change <br />Order. <br />2.4. SUBMITTALS <br />Where required by the Contract Documents, the Contractor shall submit information which will <br />enable the Owner’s Representative to advise the Owner whether the Contractor's proposed <br />materials, Equipment or methods of work are in general conformance to the design concept and <br />in compliance with the Drawings and Specifications, such as catalog cuts and shop, working or <br />detail drawings. In its Submittals, the Contractor shall expressly and explicitly notify the Owner’s <br />Representative of any and all deviations from the Specifications. Without express and explicit <br />Notice of a deviation from the Contract requirements, approval of a Submittal does not relieve <br />Contractor from complying with Contract requirements. The Owner’s approval of a Submittal <br />does not constitute a waiver of the Contract requirements. The Owner or Owner’s <br />Representative shall respond to a Submittal within thirty (30) days of receipt. The Owner or <br />Owner’s Representative may extend this time for good cause by notifying the Contractor. The <br />Owner will not be obligated to accept or pay for Work performed by the Contractor that may be <br />affected by materials, Equipment, or methods of work not submitted in a timely manner so that <br />final review can be accomplished before the affected Work is complete. The Owner shall not be <br />responsible for Delays, inefficiencies, or any additional costs or expenses caused in whole or in <br />part by Contractor’s failure to submit required information in sufficient time for review, comment, <br />and correction. Contractor’s failure to submit required information in sufficient time for review, <br />comment and correction shall be deemed a waiver of any and all Contract Claims for <br />adjustment of Contract Sum or Contract Time arising out of, or related to, such a Submittal. <br />Contractor acknowledges and agrees that it may not rely upon receiving the Owner’s response <br />to a Submittal in less than thirty (30) days, unless the Owner explicitly changes this section by a <br />signed Change Order. Requests for information or clarification from the Contractor to the Owner <br />shall be treated as a Submittal. <br />2.5. CONTRACTOR'S COPIES OF CONTRACT DOCUMENTS <br />The Contractor shall keep at the construction site at least one set of Contract Documents and <br />one set of full-size Drawings that shall be available to the Owner’s Representative and Owner. <br />3. OWNER <br />3.1. GENERAL <br />The Owner, and the Owner’s Representative, shall have the authority to act as the sole judge of <br />the Work, Equipment and materials with respect to both quantity and quality as set forth in the <br />Contract. It is expressly stipulated that the Drawings, Specifications and other Contract <br />Documents set forth the requirements as to the nature of the completed Work and do not <br />purport to control the method of performing Work except in those instances where the nature of <br />the completed Work is dependent on the method of performance. <br />The Owner has the authority to act, do, perform, and make any all decisions and actions <br />authorized by the Contract Documents, including, but not limited to, Change Orders, progress <br />payments, Contract decisions, acceptability of the Contractor's Work, and early possession. The <br />Owner has the authority to accept or reject requests for progress payments that have been <br />submitted by the Contractor and recommended by the Owner’s Representative. The Owner has <br />the authority to make determinations of the acceptability of the Work. The Owner also has the