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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-23 <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 the <br />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 be <br />allowed unless the Contractor has followed the procedures provided for in this Contract, <br />including, but not limited to, furnishing timely Notice of the event and its effect on <br />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 this <br />Contract when making its bid, that the actual conditions encountered on the site differed <br />materially from those indicated in this Contract, and that such materially-different <br />conditions were not foreseeable at the time of its bid. <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 <br />forth the requirements as to the nature of the completed Work and do not purport to control <br />the method of performing Work except in those instances where the nature of the completed <br />Work is dependent on the method of performance. <br />The City has the authority to act, do, perform, and make all decisions and actions authorized <br />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. <br />The City has the authority to accept or reject requests for progress payments that have been <br />submitted by the Contractor and recommended by the City’s Representative. The City has <br />the authority to make determinations of the acceptability of the Work. The City also has the <br />authority to accept or reject the City’s Representative's recommendations regarding <br />retention of defective Work. <br />1-05.1(2) Requests for Information (RFI) <br />No Claim shall be allowed because of ambiguities in the Contract if: <br />1. The Contractor discovers an ambiguity but fails to notify the City, or <br />2. The Contractor failed to discover a patent ambiguity that would be discovered by <br />a reasonably prudent Contractor. <br />If the Contractor discovers an ambiguity in the Contract or desires an explanation or <br />interpretation of the Contract, the Contractor shall request the explanation or <br />interpretation in writing by way of a Request for Information (RFI). The RFI shall clearly <br />define the ambiguity and have enough detail for the Engineer to provide an explanation <br />or interpretation. If such detail is not provided, the Engineer will return the RFI as