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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> Time is warranted, such determination shall be final. If there is a decrease in the cost <br /> or time required to perform the Work, failure of the Contractor to notify the City's <br /> Representative of the differing site condition shall not affect the City's right to make an <br /> adjustment in the Contract Sum or Contract Time. Additionally, no Contract Claim or <br /> adjustment of Contract Sum or Contract Time shall be allowed unless the Contractor <br /> has followed the procedures provided for in this Contract, including, but not limited to, <br /> furnishing timely Notice of the event and its effect on Contract Time and Contract Sum <br /> as required herein. <br /> 1-05 CONTROL OF WORK <br /> 1-05.1 Authority of the Engineer <br /> Delete 1-05.1 and substitute the following: I <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 I <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 <br /> completed Work is dependent on the method of performance. <br /> The City has the authority to act, do, perform, and make all decisions and actions <br /> authorized by the Contract Documents, including, but not limited to, Change Orders, <br /> progress payments, contract decisions, acceptability of the Contractor's Work, and early <br /> possession. The City has the authority to accept or reject requests for progress payments <br /> that have been submitted by the Contractor and recommended by the City's <br /> Representative. The City has the authority to make determinations of the acceptability of <br /> the Work. The City also has the authority to accept or reject the City's Representative's <br /> recommendations regarding retention of defective Work. <br /> 1-05.2 Authority of Assistants and Inspectors <br /> Delete 1-05.2 and substitute the following: <br /> 1-05.2 City's Representative <br /> (******) <br /> The City's Representative shall be satisfied that all the Work is being done in accordance <br /> with the requirements of the Contract. The Contract and Specifications give the City's <br /> Representative authority over the Work. Whenever it is so provided in this Contract, the <br /> decision of the City's Representative shall be final. <br /> The City's Representative's decisions will be final on all questions including, but not limited <br /> to, the following: <br /> 1. Quality and acceptability of materials and Work; <br /> 2. Measurement of Work, whether lump sum, Force Account, or unit price; <br /> 3. Acceptability of rates of progress on the Work; <br /> 4. Interpretation of Plans and Specifications; <br /> 5. Determination as to the existence of changed or differing site conditions; <br /> 6. Fulfillment of the Contract by the Contractor; <br /> 7. Payments under the Contract including adjustment; I <br /> 8. Suspension(s) of Work; <br /> 9. Termination of the Contract for default or public convenience; and <br /> Water Main Replacement"S" Division 1 —GENERAL REQUIREMENTS January 29, 2018 <br /> WO No—UP3664 SP—56 <br /> I <br />