KLB Construction 6/22/2016 - Laserfiche WebLink

CITY OF EVERETT SPECIAL PROVISIONS Pre-existing unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as ' inhering in work of the character provided for in this Contract. If requested in writing by the Contractor and if the City's Representative finds that conditions are materially different and cause a material increase or decrease in the Contractor's cost of performance of the Work, or extends the duration of the critical path of the schedule, the City's Representative will make an adjustment of Contract Sum or Contract Time. Extensions of Contract Time will be evaluated in accordance with 1-08.3 PROGRESS SCHEDULE. However, if the parties are unable to agree on an adjustment of Contract Sum or Contract Time, the City's Representative will determine the amount of the adjustment of Contract Sum or Contract Time. If the City's Representative determines that differing site conditions do not exist or that no adjustment in Contract Sum or Contract Time is warranted, such determination shall be final. If there is a decrease in the cost or time required to perform the Work, failure of the Contractor to notify the City's Representative of the differing site condition shall not affect the City's right to make an adjustment in the Contract Sum or Contract Time. Additionally, no Contract Claim or adjustment of Contract Sum or Contract Time shall be allowed unless the Contractor has followed the procedures provided for in this Contract, including, but not limited to, furnishing timely Notice of the event and its effect on Contract Time and Contract Sum as required herein. 1-05 CONTROL OF WORK 1-05.1 Authority of the Engineer Delete 1-05.1 and substitute the following: 1-05.1 City The City, and the City's Representative, shall have the authority to act as the sole judge of the Work and materials with respect to both quantity and quality as set forth in the Contract. It is expressly stipulated that the Plans, Specifications and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the method of performing Work except in those instances where the nature of the completed Work is dependent on the method of performance. The City has the authority to act, do, perform, and make all decisions and actions authorized by the Contract Documents, including, but not limited to, Change Orders, progress payments, contract decisions, acceptability of the Contractor's Work, and early possession. The City has the authority to accept or reject requests for progress payments that have been submitted by the Contractor and recommended by the City's Representative. The City has the authority to make determinations of the acceptability of the Work. The City also has the authority to accept or reject the City's Representative's recommendations regarding retention of defective Work. I I SEWER SYSTEM REPLACEMENT AND CAPACITY IMPROVEMENTS SEWER"M" PHASE II WO No.- UP3470-10 Division 1 -GENERAL REQUIREMENTS April 2016 SP-77 1