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CITY OF EVERETT SPECIAL PROVISIONS <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 /> 1-05.2 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; <br /> 8. Suspension(s) of Work; <br /> 9. Termination of the Contract for default or public convenience; and <br /> 10. Approval of working or detail Plans and Submittals. <br /> If the Contractor fails to respond promptly to the requirements of the Contract or orders from <br /> the City's Representative: <br /> 1. The City's Representative may use the City's resources, other contractors, or other <br /> means to accomplish the Work, and <br /> 2. The City will not be obligated to pay the Contractor, and will deduct from the <br /> Contractor's payments, costs that result when other means are used to carry out <br /> the Contract requirements or City's Representative's orders. <br /> Wetmore Ave Stormwater Bypass Division 1 —GENERAL REQUIREMENTS August, 2018 <br /> WO No—UP3704 SP—1-56 <br />