Interwest Construction Inc 2/8/2019

I CITY OF EVERETT SPECIAL PROVISIONS 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. 1-05.2 Authority of Assistants and Inspectors Delete 1-05.2 and substitute the following: 1-05.2 City's Representative (******) 1 The City's Representative shall be satisfied that all the Work is being done in accordance with the requirements of the Contract. The Contract and Specifications give the City's Representative authority over the Work. Whenever it is so provided in this Contract, the decision of the City's Representative shall be final. The City's Representative's decisions will be final on all questions including, but not limited to, the following: 1. Quality and acceptability of materials and Work; 2. Measurement of Work, whether lump sum, Force Account, or unit price; 3. Acceptability of rates of progress on the Work; 4. Interpretation of Plans and Specifications; 5. Determination as to the existence of changed or differing site conditions; 6. Fulfillment of the Contract by the Contractor; 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 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: Cleveland Avenue Division 1 —GENERAL REQUIREMENTS November 2018 Sewer System Replacement and Storm Water Separation WO No. UP3398 SP-77