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CITY OF EVERETT SPECIAL PROVISIONS <br /> arising out of, or related to, the City's refusal to consider or approve a Contractor <br /> initiated change proposal. The Contractor shall do none of the following without the <br /> ' express written agreement of the City: fail to perform any Work; commence Work on <br /> proposed change; reduce its resources assigned to performance of the Work in order <br /> to prepare a change proposal or in anticipation of approval of a change proposal; <br /> adjust or change the project schedule or take action or fail to take action that would <br /> affect the Completion Date of the Work; take action or fail to take action arising out of <br /> the Contractor's change proposal that would result in the Contractor seeking an <br /> adjustment upward of the Contract Sum. <br /> 1-04.5 Procedure and Protest by the Contractor <br /> Delete 1-04.5 and substitute the following: <br /> r 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 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 /> 3. 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 /> 4. 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 /> 5. The Contractor believes it is required or directed to perform work that is <br /> outside the scope of the Contract Documents; or <br /> 6. An event occurs, or fails to occur, that the Contractor believes, or should <br /> reasonably foresee, may result in a Contract Claim; or <br /> 7. 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 QUANTIES; <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, <br /> the City may waive strict compliance with procedures, but any such waiver of one or <br /> more items or elements does not waive the necessity for Contractor's strict compliance <br /> ' SEWER SYSTEM REPLACEMENT AND CAPACITY IMPROVEMENTS SEWER "M" PHASE II <br /> WO No.- UP3470-10 Division 1 -GENERAL REQUIREMENTS April 2016 <br /> SP-75 <br /> I <br />