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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-24 <br />incomplete. Should the RFI require a change to the Contract, the Contractor will indicate <br />in the RFI that it includes a request for change (RFC). <br />A RFI shall not be used nor constitute a notice required in accordance with Sections 1- <br />04.5 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 <br />Documents (Missing Information). <br />2. The Contractor believes a clarification of one or more of the Contract <br />requirements is 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 <br />Deficiency/ Repair procedure). Requests submitted for this reason shall be <br />submitted in accordance with Section 1-05.7(1). <br />4. The Contractor needs to substitute a material that provides an equal or better <br />level of performance as the one specified in the Contract (RFC – Material <br />Substitution). Requests shall indicate the location(s), quantity, and shall describe <br />how the material provides an equal or better level of performance as the material <br />originally specified. <br />5. The Contractor may submit a RFI that requests a change to the Contract <br />requirements for a reason other than one listed in items 1-4 of this section (RFC <br />– Other). To be considered, the request must not meet the requirements of a <br />Value Engineering Change Proposal. To be considered, the request shall <br />describe how the change is beneficial to the project <br />Unless otherwise determined by the City in writing, the Engineer will respond, in writing, <br />to RFIs within 14 calendar days in the order they are received. If the Engineer cannot <br />respond within 14 calendar days due to the nature and complexity of the RFI, the <br />Engineer will respond to the RFI stating how many additional days are needed for a full <br />response. This does not relieve the Contractor of its responsibility to request a time <br />extension in accordance with Section 1-08.8. If the Contractor needs to prioritize a RFI it <br />shall indicate so as part of the RFI. Oral explanations, interpretations, or instructions <br />given by anyone other than the Engineer will not be binding on the Contracting Agency. <br />A response to a RFI shall be considered a Written Determination. <br />If the Contractor’s Request for Information requires a change order, the Engineer’s <br />response will indicate whether they are authorizing the Contractor to proceed with the <br />changed work prior to an executed change order. Without this authorization, the <br />Contractor shall not proceed with the changed work until a Change Order has been <br />processed. If the Contractor believes the response requires a change order and the <br />Engineer does not specifically state that a change order is necessary, the Contractor <br />shall submit its Notice in accordance with Section 1-04.5. Proceeding without Notice <br />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 <br />reject 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: