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CITY OF EVERETT SPECIAL PROVISIONS <br />Greely St. Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS January 2026 <br />WO No. UP3817 SP – 66 <br />1. The City’s Representative may use the City’s resources, other contractors, <br />or other means to accomplish the Work, and <br />2. The City will not be obligated to pay the Contractor, and will deduct from <br />the Contractor’s payments, costs that result when other means are used <br />to carry out 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 <br />Representative’s 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, Equipment, <br />and machinery are being obtained for the Work. If requested by the City’s Representative or <br />City, the Contractor shall provide the assistance necessary for obtaining such access, and <br />shall provide information related to the inspection of construction. Absence of such access <br />or information, as needed, may result in the City’s refusal to accept the Work. <br />The City’s Representative has the authority to recommend Change Orders, but does not <br />have authority to approve Change Orders. Proposed Change Orders are subject to review <br />and approval by the City. No proposed Change Order or any change of Contract Sum or <br />Contract Time is effective or binding upon the City unless and until the Mayor or its designee <br />signs it, as authorized by City Council or by ordinance. <br />To detail and illustrate the Work, the City’s Representative may furnish to the Contractor <br />additional drawings and explanations consistent with the original Plans. The Contractor shall <br />perform the Work according to these additional drawings and explanations. <br />The City’s Representative may appoint assistants and inspectors to assist in determining that <br />the Work and materials meet the Contract requirements. Assistants and inspectors have the <br />authority to reject defective material and suspend Work that is being done improperly, subject <br />to the final decisions of the City’s Representative or, when appropriate, the City. <br />Assistants and inspectors are not authorized to accept Work, to accept materials, to issue <br />instructions, or to give advice that is contrary to the Contract. Work done or material furnished <br />that does not meet the Contract requirements shall be at the Contractor’s risk and shall not <br />be a basis for a Contract Claim even if the inspectors or assistants purport to change the <br />Contract. <br />Assistants and inspectors may advise the Contractor of any faulty work or materials or <br />infringements of the terms of the Contract; however, failure of the City’s Representative or <br />the assistants or inspectors to advise the Contractor does not constitute acceptance or <br />approval. <br />1-05.3 Working Drawings <br />Revise the second paragraph to read as follows: <br />1. Type 1 – Submitted for City information. Submittal must be received by the City a <br />minimum of 7 working days before Work represented by the submittal begins. <br />2. Type 2 – Submitted for City review and comment. Unless otherwise stated in the <br />Contract, the Engineer will require up to 15 working days from the date the Working <br />Drawing is received until it is returned to the Contractor. The Contractor shall not proceed <br />with the Work represented by the Working Drawing until comments from the Engineer <br />have been addressed. <br />3. Type 2E – Same as a Type 2 Working Drawing with Engineering as described below. <br />4. Type 3 – Submitted for City review and approval. Unless otherwise stated in the <br />Contract, the Engineer will require up to 20 working days from the date the Working <br />Drawing is received until it is returned to the Contractor. The Contractor shall obtain the