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CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 64 <br />City’s decision is not reviewable by any court. This subsection applies only to change <br />proposals initiated solely by the Contractor, or its Subcontractors and suppliers, and <br />does not apply to change proposals requested or initiated by the City or the City’s <br />Representative. The City is not obligated or required to consider any Contractor initiated <br />change proposals and may, in its sole discretion, refuse to do so. Under no <br />circumstances shall the Contractor be entitled to additional compensation arising out of, <br />or related to, the City’s refusal to consider or approve a Contractor initiated change <br />proposal. The Contractor shall do none of the following without the express written <br />agreement of the City: fail to perform any Work; commence Work on proposed change; <br />reduce its resources assigned to performance of the Work in order to prepare a change <br />proposal or in anticipation of approval of a change proposal; adjust or change the project <br />schedule or take action or fail to take action that would affect the Completion Date of the <br />Work; take action or fail to take action arising out of the Contractor’s change proposal <br />that would result in the Contractor seeking an adjustment upward of the Contract Sum. <br />1-04.5 Procedure, Protest, and Dispute by the Contractor <br />Delete all of 1-04.5 and substitute the following: <br />1-04.5 Notice by Contractor <br />(******) <br />1-04.5(1) When Notice Must Be Given <br />Whenever: <br />1. The Contractor disagrees with any requirement, direction, interpretation or <br />determination by the City or City’s Representative; <br />2. The Contractor disagrees with anything required in a change order, or the <br />Engineer’s Written Determination or decision for which the Contractor <br />believes it is entitled to an increase in the Contractor price or time; <br />3. The Contractor knows, or should with the reasonable exercise of ordinary <br />care know, of a differing site condition as provided in 1-04.7 DIFFERING <br />SITE CONDITIONS (CHANGED CONDITIONS); <br />4. The Contractor knows, or should with the reasonable exercise of ordinary <br />care know, of a Delay or an event that may cause a Delay; <br />5. The Contractor believes, or with the reasonable exercise of ordinary care <br />should believe, it is entitled to an adjustment of Contract Sum or Time, even if <br />the total or exact amount or impact cannot yet be determined; <br />6. The Contractor believes it is required or directed to perform work that is <br />outside the scope of the Contract Documents; or <br />7. An event occurs, or fails to occur, that the Contractor believes, or should <br />reasonably foresee, may result in a Contract Claim; or <br />8. The actual quantities of Unit Price Work vary sufficiently from the original <br />estimate that Contractor may be entitled to an equitable adjustment of <br />Contract Sum as provided in 1-04.6 VARIATION IN INCREASED OR <br />DECREASED QUANTITIES; <br />The Contractor shall immediately give Notice to the City or City’s Representative as <br />provided in this section and elsewhere in the Contract Documents and Specifications. <br />Timely and adequate Notice is a condition precedent to a Contract Claim. <br />Requests for extensions of Contract Time shall be made and evaluated in accordance <br />with 1-08.3 PROGRESS SCHEDULE and 1-08.8 EXTENSIONS OF TIME.