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CITY OF EVERETT SPECIAL PROVISIONS <br />3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 <br />WO No – UP3775 SP – 51 <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. <br />Irrespective of any request for additional compensation or Contract Time or a Contract <br />Claim that Work is extra and not part of the original scope of Work, the Contractor shall <br />proceed expeditiously and promptly with the Work as the City orders. <br />If the Contractor fails to follow the procedures of this Contract, including failing to give <br />Notice, the Contractor completely waives any Contract Claims. In its sole discretion, the <br />City may waive strict compliance with procedures, but any such waiver of one or more <br />items or elements does not waive the necessity for Contractor’s strict compliance with <br />any other item or element, nor shall such waiver be admissible in any legal proceeding <br />for any reason. <br />1-04.5(2) Form of Notice <br />The Notice shall be in writing and include the following minimum information: