A-1 Landscaping and Construction, Inc. 7/20/2016

I 1 This subsection applies only to change proposals initiated solely by the Contractor(or its I 2 subcontractors and suppliers) and does not apply to change proposals requested or initiated by 3 the Owner or the Owner's Representative. The Owner is not obligated or required to consider 4 any Contractor initiated change proposals and may, in its sole discretion, refuse to do so. Under I 5 no circumstances shall the Contractor be entitled to additional compensation arising out of, or 6 related to, the Owner's refusal to consider or approve a Contractor initiated change proposal. The 7 Contractor shall not do any of the following without the express written agreement of the Owner: 8 fail to perform any Work; commence performance of any proposed change; reduce its resources 1 9 assigned to performance of the Work in order to prepare a change proposal or in anticipation of 10 approval of a change proposal; adjust or change the project schedule or take any action or fail to 11 do any action that would affect the Completion Date of the Work; take any action or fail to take 12 any action arising out of the Contractor's change proposal that would result in the Contractor 13 seeking an adjustment upward of the Contract Sum. 14 15 1-04.5 Notice by Contractor I 16 17 Section 1-04.5, Procedure and Protest by the Contractor, is retitled to Notice by Contractor 18 and modified to read as follows: I 19 20 1-04.5(1) When Notice Must Be Given 21 I 22 Whenever 23 1. The Contractor disagrees with any requirement, direction, interpretation or 24 determination by the Owner or Owner's Representative; I25 2. The Contractor knows, or should with the reasonable exercise of ordinary care 26 know, of a differing site condition as provided in section 1-04.7 Differing Site 27 Conditions (Changed Conditions); I28 3. The Contractor knows, or should with the reasonable exercise of ordinary care 29 know, of any Delay or an event that may cause a Delay; I 30 31 4. The Contractor believes, or with the reasonable exercise of ordinary care should believe, it is entitled to an adjustment of Contact Sum or Time, even if the total or nn JL exalt amount or impact ucii II IUs yet be dete I I III ICU, 1 33 5. The Contractor believes it is required or directed to perform work that is outside the 34 scope of the Contract Documents; or I 35 6. An event occurs, or fails to occur, that the Contractor believes, or should 36 reasonably foresee, may result in a Contract Claim; or 37 7. The actual quantities of unit price work vary sufficiently from the original estimate I 38 that Contractor may be entitled to an equitable adjustment of Contract Sum as 39 provided in section 1-04.6 Increased or Decreased Quantities; 40 The Contractor shall immediately give Notice to the Owner or Owner's I 41 Representative as provided in this section and elsewhere in the Contract 42 Documents and Specifications. I 43 Timely and adequate Notice is a condition precedent to a Contract Claim. 44 Requests for extensions of Contract Time must be made and will be evaluated in 45 accordance with sections 1-08.3 Progress Schedule and 1-08.8 Extensions of I 46 Time. 47 Irrespective of any request for additional compensation or Contract Time or any 48 Contract Claim that work is extra and not part of the original scope of work, the I49 Contractor shall proceed expeditiously and promptly with the work as the Owner iRIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 21