Laserfiche WebLink
CITY OF EVERETT SPECIAL PROVISIONS <br />Greely St. Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS January 2026 <br />WO No. UP3817 SP – 64 <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 payments, <br />contract decisions, acceptability of the Contractor's Work, and early possession. The City <br />has the authority to accept or reject requests for progress payments that have been submitted <br />by the Contractor and recommended by the City’s Representative. The City has the authority <br />to make determinations of the acceptability of the Work. The City also has the authority to <br />accept or reject the City’s Representative's recommendations regarding retention of defective <br />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 a <br />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 interpretation <br />in writing by way of a Request for Information (RFI). The RFI shall clearl y define the <br />ambiguity and have enough detail for the Engineer to provide an explanation or interpretation. <br />If such detail is not provided, the Engineer will return the RFI as incomplete. Should the RFI <br />require a change to the Contract, the Contractor will indicate in the RFI that it includes a <br />request for change (RFC). <br />A RFI shall not be used nor constitute a notice required in accordance with Sections 1-04.5 <br />and 1-04.7. The Contractor may submit an RFI for the one of following reasons: <br />1. The Contractor believes there is information missing from the Contract Documents <br />(Missing Information). <br />2. The Contractor believes a clarification of one or more of the Contract requirements is <br />necessary (Clarification). <br />3. The Contractor needs to repair or otherwise correct a deficiency in the Work that <br />requires a Change to the Contract to be acceptable (RFC – Construction Deficiency/ <br />Repair procedure). Requests submitted for this reason shall be submitted in <br />accordance with Section 1-05.7(1). <br />4. The Contractor needs to substitute a material that provides an equal or better level of <br />performance as the one specified in the Contract (RFC – Material Substitution). <br />Requests shall indicate the location(s), quantity, and shall describe how the material <br />provides an equal or better level of performance as the material originally specified.