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I <br /> CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> CONDITIONS. Interference with the Work is defined as a utility that crosses or <br /> ' projects into the plane of the Work at an elevation between the top and bottom of the <br /> Work. If it is necessary to remove, relocate, or temporarily maintain the utility, that <br /> work shall be included in a Change Order. The utility owner has the option of doing <br /> such work or permitting the work to be performed by the Contractor. In either case, the <br /> cost of the work incurred by or charged to the Contractor will be included in a Change <br /> Order. <br /> 2.4 Submittals <br /> A. Where required by the Contract Documents, the Contractor shall submit information which will <br /> enable the Owner's Representative to advise the Owner whether the Contractor's proposed <br /> materials,Equipment or methods of work are in general conformance to the design concept and in <br /> compliance with the Drawings and Specifications, such as catalog cuts and shop, working or <br /> detail drawings. In its Submittals, the Contractor shall expressly and explicitly notify the <br /> Owner's Representative of any and all deviations from the Specifications. Without express and <br /> explicit Notice of a deviation from the Contract requirements, approval of a Submittal does not <br /> relieve Contractor from complying with Contract requirements. The Owner's approval of a <br /> Submittal did not constitute a waiver of the Contract requirements. The Owner or Owner's <br /> Representative shall respond to a Submittal within thirty (30) days of receipt. The Owner or <br /> Owner's Representative may extend this time for good cause by notifying the Contractor. The <br /> Owner will not be obligated to accept or pay for Work performed by the Contractor that may be <br /> affected by materials, Equipment, or methods of work not submitted in a timely manner so that <br /> final review can be accomplished before the affected Work is complete. The Owner shall not be <br /> responsible for Delays, inefficiencies, or any additional costs or expenses caused in whole or in <br /> part by Contractor's failure to submit required information in sufficient time for review, <br /> comment, and correction. Contractor's failure to submit required information in sufficient time <br /> for review, comment and correction shall be deemed a waiver of any and all Contract Claims for <br /> adjustment of Contract Sum or Contract Time arising out of, or related to, such a Submittal. <br /> Contractor acknowledges and agrees that it may not rely upon receiving the Owner's response to <br /> a Submittal in less than thirty (30) days, unless the Owner explicitly changes this section by a <br /> signed Change Order. Requests for information or clarification from the Contractor to the Owner <br /> shall be treated as a Submittal. <br /> 2.5 Contractor's Copies of Contract Documents <br /> A. The Contractor shall keep at the construction site at least one set of Contract Documents and one <br /> set of full-size Drawings that shall be available to the Owner's Representative and Owner. <br /> ARTICLE 3 OWNER <br /> 3.1 General <br /> A. The Owner, and the Owner's Representative, shall have the authority to act as the sole judge of <br /> the Work, Equipment and materials with respect to both quantity and quality as set forth in the <br /> Contract. It is expressly stipulated that the Drawings, Specifications and other Contract <br /> Documents set forth the requirements as to the nature of the completed Work and do not purport <br /> to control the method of performing Work except in those instances where the nature of the <br /> completed Work is dependent on the method of performance. <br /> B. The Owner has the authority to act, do, perform, and make any all decisions and actions <br /> authorized by the Contract Documents, including, but not limited to, Change Orders, progress <br /> Legion Golf Course Stormwater Detention Project November 28, 2017 <br /> WO#UP3620 00 72 13 - 13 <br />