Rodarte Construction Inc Everett Station Parking Expansion

I 1 Owner's decision is not reviewable by any court. This subsection applies only to change I 2 Proposals initiated solely by the Contractor (or its Subcontractors and suppliers) and does 3 not apply to change Proposals requested or initiated by the Owner or the Owners 4 Representative. The Owner is not obligated or required to consider any Contractor initiated 5 change Proposals and may, in its sole discretion, refuse to do so. Under no circumstances 6 shall the Contractor be entitled to additional compensation arising out of, or related to, the I 7 Owner's refusal to consider or approve a Contractor initiated change Proposal. The 8 Contractor shall not do any of the following without the express written agreement of the 9 Owner: fail to perform any Work; commence performance of any proposed change; reduce 10 its resources assigned to performance of the Work in order to prepare a change Proposal I 11 or in anticipation of approval of a change Proposal; adjust or change the Project schedule 12 or take any action or fail to do any action that would affect the Completion Date of the 13 Work; take any action or fail to take any action arising out of the Contractor's change I 14 Proposal that would result in the Contractor seeking an adjustment upward of the Contract 15 Sum. 16 I 17 1-04.5 Procedure and Protest by the Contractor 18 Delete Section 1-04.5 and substitute the following: 19 20 1-04.5 Notice by Contractor 21 22 1-04.5(1) When Notice Must Be Given 23 Whenever: I 24 25 1. The Contractor disagrees with any requirement, direction, interpretation or 26 determination by the Owner Owner's Representative; 27 2. The Contractor knows, or should with the reasonable exercise of ordinary care 28 know, of a differing site condition as provided in Section 1-04.7 Differing Site 29 Conditions (Changed Conditions); , 30 3. The Contractor knows, or should with the reasonable exercise of ordinary care 31 know, of any Delay or an event that may cause a Delay; 32 4. The Contractor believes, or with the reasonable exercise of ordinary care should , 33 believe, it is entitled to an adjustment of Contract Sum or Time, even if the total or 34 exact amount or impact cannot yet be determined; 35 5. The Contractor believes it is required or directed to perform Work that is outside the I 36 scope of the Contract Documents; or 37 6. An event occurs, or fails to occur, that the Contractor believes, or should reasonably 38 foresee, may result in a Contract Claim; or 39 7. The actual quantities of unit price Work vary sufficiently from the original estimate 40 that Contractor may be entitled to an equitable adjustment of Contract Sum as 41 provided in Section 1-04.6 Increased or Decreased Quantities; I 42 43 The Contractor shall immediately give Notice to the Owner or Owner's Representative as 44 provided in this Section and elsewhere in the Contract Documents and Specifications. 45 46 Timely and adequate Notice is a condition precedent to a Contract Claim. 47 48 Requests for extensions of Contract Time must be made and will be evaluated in III49 accordance with Sections 1-08.3 Progress Schedule and 1-08.8 Extensions of Time. City of Everett Page SP1-16 Special Provisions Everett Station 80 Stall Parking Expansion June 2019 III