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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-21 <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 believes it <br />is entitled to an increase in the Contractor price or time; <br />3. The Contractor knows, or should with the reasonable exercise of ordinary care <br />know, of a differing site condition as provided in 1-04.7 DIFFERING SITE <br />CONDITIONS (CHANGED CONDITIONS); <br />4. The Contractor knows, or should with the reasonable exercise of ordinary care <br />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 should <br />believe, it is entitled to an adjustment of Contract Sum or Time, even if the total <br />or exact amount or impact cannot yet be determined; <br />6. The Contractor believes it is required or directed to perform work that is outside <br />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 Contract <br />Sum as provided in 1-04.6 VARIATION IN INCREASED OR DECREASED <br />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: <br />1. A complete and accurate description of the event(s) giving rise to the Notice, <br />including dates, times, and locations; <br />2. A preliminary list of persons involved in such event; <br />3. A statement whether the Contractor believes the event may result in a Contract <br />Claim for additional Contract Time or adjustment of the Contract Sum; <br />4. A date by which Contractor shall begin providing Supplemental Information as <br />provided in this section.