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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 – 54 <br />ambiguity and have enough detail for the Engineer to provide an explanation or interpretation. <br />If such detail is not provided, the Engineer will return the RFI as incomplete. Should the RFI <br />require a change to the Contract, the Contractor will indicate in the RFI that it includes a <br />request for change (RFC). <br />A RFI shall not be used nor constitute a notice required in accordance with Sections 1-04.5 <br />and 1-04.7. The Contractor may submit an RFI for the one of following reasons: <br />1. The Contractor believes there is information missing from the Contract Documents <br />(Missing Information). <br />2. The Contractor believes a clarification of one or more of the Contract requirements is <br />necessary (Clarification). <br />3. The Contractor needs to repair or otherwise correct a deficiency in the Work that <br />requires a Change to the Contract to be acceptable (RFC – Construction Deficiency/ <br />Repair procedure). Requests submitted for this reason shall be submitted in <br />accordance with Section 1-05.7(1). <br />4. The Contractor needs to substitute a material that provides an equal or better level of <br />performance as the one specified in the Contract (RFC – Material Substitution). <br />Requests shall indicate the location(s), quantity, and shall describe how the material <br />provides an equal or better level of performance as the material originally specified. <br />5. The Contractor may submit a RFI that requests a change to the Contract requirements <br />for a reason other than one listed in items 1-4 of this section (RFC – Other). To be <br />considered, the request must not meet the requirements of a Value Engineering <br />Change Proposal. To be considered, the request shall describe how the change is <br />beneficial to the project <br /> <br />Unless otherwise determined by the City in writing, the Engineer will respond, in writing, to <br />RFIs within 14 calendar days in the order they are received. If the Engineer cannot respond <br />within 14 calendar days due to the nature and complexity of the RFI, the Engineer will <br />respond to the RFI stating how many additional days are needed for a full response. This <br />does not relieve the Contractor of its responsibility to request a time extension in accordance <br />with Section 1-08.8. If the Contractor needs to prioritize a RFI it shall indicate so as part of <br />the RFI. Oral explanations, interpretations, or instructions given by anyone other than the <br />Engineer will not be binding on the Contracting Agency. A response to a RFI shall be <br />considered a Written Determination. <br />If the Contractor’s Request for Information requires a change order, the Engineer’s response <br />will indicate whether they are authorizing the Contractor to proceed with the changed work <br />prior to an executed change order. Without this authorization, the Contractor shall not <br />proceed with the changed work until a Change Order has been processed. If the Contractor <br />believes the response requires a change order and the Engineer does not specifically state <br />that a change order is necessary, the Contractor shall submit its Notice in accordance with <br />Section 1-04.5. Proceeding without Notice shall waive the Contractor’s rights to Claim. <br />The Contractor shall bear all risk and all costs of any Work delays caused by rejection or <br />non-approval of any RFI that Requests a Change (RFC). The Contractor agrees the <br />Engineer is under no obligation to accept an RFC. The Engineer’s decision to accept or reject <br />all or part of a RFI that requests a change is final and not subject to protest. <br />Unit Bid prices shall cover all costs of submitting RFIs. <br />1-05.2 Authority of Assistants and Inspectors <br />Delete 1-05.2 and substitute the following: