Interwest Construction Inc 12/27/2018

CITY OF EVERETT SPECIAL PROVISIONS 7. Payments under the Contract including adjustment; 8. Suspension(s) of Work; 9. Termination of the Contract for default or public convenience; and 10. Approval of working or detail Plans and Submittals. If the Contractor fails to respond promptly to the requirements of the Contract or orders from the City's Representative: 1. The City's Representative may use the City's resources, other contractors, or other means to accomplish the Work, and 111 2. The City will not be obligated to pay the Contractor, and will deduct from the Contractor's payments, costs that result when other means are used to carry out the Contract requirements or City's Representative's orders. At the Contractor's risk, the City's Representative may suspend all or part of the Work if: 1. The Contractor fails to fulfill Contract terms, to carry out the City's Representative's orders, or to correct unsafe conditions of any nature; or I 2. It is in the public interest. The City's Representative and City shall have complete access to the Work and to the site of the Work and to the places where Work is being prepared or where materials, Equipment, and machinery are being obtained for the Work. If requested by the City's Representative or City. the Contractor shall provide the assistance necessary for obtaining such access, and shall provide information related to the inspection of construction. 111 Absence of such access or information, as needed, may result in the City's refusal to accept the Work. The City's Representative has the authority to recommend Change Orders, but does not have authority to approve Change Orders. Proposed Change Orders are subject to review and approval by the City. No proposed Change Order or any change of Contract Sum or Contract Time is effective or binding upon the City unless and until the Mayor or its designee signs it, as authorized by City Council or by ordinance. To detail and illustrate the Work, the City's Representative may furnish to the Contractor additional drawings and explanations consistent with the original Plans. The Contractor I shall perform the Work according to these additional drawings and explanations. The City's Representative may appoint assistants and inspectors to assist in determining that the Work and materials meet the Contract requirements. Assistants and inspectors I have the authority to reject defective material and suspend Work that is being done improperly, subject to the final decisions of the City's Representative or, when appropriate, the City. Y Assistants and inspectors are not authorized to accept Work, to accept materials, to issue instructions, or to give advice that is contrary to the Contract. Work done or material furnished that does not meet the Contract requirements shall be at the Contractor's risk and shall not be a basis for a Contract Claim even if the inspectors or assistants purport to change the Contract. Assistants and inspectors may advise the Contractor of any faulty work or materials or infringements of the terms of the Contract; however, failure of the City's Representative or the assistants or inspectors to advise the Contractor does not constitute acceptance or approval. 1-05.3 Working Drawings Revise the second paragraph to read as follows: Watermain Replacement"T" Division 1 —GENERAL REQUIREMENTS October 10, 2018 WO No—UP3684 SP—62 I