Blue Mountain Construction Group, LLC 11/19/2024

CITY OF EVERETT SPECIAL PROVISIONS 3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 WO No – UP3775 SP – 55 1-05.2 City’s Representative (******) The City’s Representative shall be satisfied that all the Work is being done in accordance with the requirements of the Contract. The Contract and Specifications give the City’s Representative authority over the Work. Whenever it is so provided in this Contract, the decision of the City’s Representative shall be final. The City’s Representative’s decisions will be final on all questions including, but not limited to, the following: 1. Quality and acceptability of materials and Work; 2. Measurement of Work, whether lump sum, Force Account, or unit price; 3. Acceptability of rates of progress on the Work; 4. Interpretation of Plans and Specifications; 5. Determination as to the existence of changed or differing site conditions; 6. Fulfillment of the Contract by the Contractor; 7. Payments under the Contract including adjustment; 8. Suspension(s) of Work; 9. Termination of the Contract for default or public convenience; and 10. Approval of working or detail Plans and Submittals. If the Contractor fails to respond promptly to the requirements of the Contract or orders from the City’s Representative: 1. The City’s Representative may use the City’s resources, other contractors, or other means to accomplish the Work, and 2. The City will not be obligated to pay the Contractor, and will deduct from the Contractor’s payments, costs that result when other means are used to carry out the Contract requirements or City’s Representative’s orders. At the Contractor’s risk, the City’s Representative may suspend all or part of the Work if: 1. The Contractor fails to fulfill Contract terms, to carry out the City’s Representative’s orders, or to correct unsafe conditions of any nature; or 2. It is in the public interest. The City’s Representative and City shall have complete access to the Work and to the site of the Work and to the places where Work is being prepared or where materials, Equipment, and machinery are being obtained for the Work. If requested by the City’s Representative or City, the Contractor shall provide the assistance necessary for obtaining such access, and shall provide information related to the inspection of construction. Absence of such access or information, as needed, may result in the City’s refusal to accept the Work. The City’s Representative has the authority to recommend Change Orders, but does not have authority to approve Change Orders. Proposed Change Orders are subject to review and approval by the City. No proposed Change Order or any change of Contract Sum or Contract Time is effective or binding upon the City unless and until the Mayor or its designee signs it, as authorized by City Council or by ordinance. To detail and illustrate the Work, the City’s Representative may furnish to the Contractor additional drawings and explanations consistent with the original Plans. The Contractor shall perform the Work according to these additional drawings and explanations. The City’s Representative may appoint assistants and inspectors to assist in determining that the Work and materials meet the Contract requirements. Assistants and inspectors have the