Faber Construction 8/14/2017 - Laserfiche WebLink

I CITY OF EVERETT SPECIAL PROVISIONS I 1-04.5 Procedure and Protest by the Contractor Delete 1-04.5 and substitute the following: 1-04.5 Notice by Contractor ******) 1-04.5(1) When Notice Must Be Given Whenever: 1 1. The Contractor disagrees with any requirement, direction, interpretation or determination by the City or City's Representative; 2. The Contractor knows, or should with the reasonable exercise of ordinary care know, of a differing site condition as provided in 1-04.7 DIFFERING SITE CONDITIONS (CHANGED CONDITIONS); 3. The Contractor knows, or should with the reasonable exercise of ordinary care know, of a Delay or an event that may cause a Delay; 4. The Contractor believes, or with the reasonable exercise of ordinary care should believe, it is entitled to an adjustment of Contract Sum or Time, even if the total or exact amount or impact cannot yet be determined; 5. The Contractor believes it is required or directed to perform work that is outside the scope of the Contract Documents; or 6. An event occurs, or fails to occur, that the Contractor believes, or should reasonably foresee, may result in a Contract Claim; or 7. The actual quantities of Unit Price Work vary sufficiently from the original estimate that Contractor may be entitled to an equitable adjustment of Contract Sum as provided in 1-04.6 VARIATION IN INCREASED OR DECREASED QUANTIES; The Contractor shall immediately give Notice to the City or City's Representative as provided in this section and elsewhere in the Contract Documents and Specifications. Timely and adequate Notice is a condition precedent to a Contract Claim. Requests for extensions of Contract Time shall be made and evaluated in accordance with 1-08.3 PROGRESS SCHEDULE and 1-08.8 EXTENSIONS OF TIME. Irrespective of any request for additional compensation or Contract Time or a Contract Claim that Work is extra and not part of the original scope of Work, the Contractor shall proceed expeditiously and promptly with the Work as the City orders. If the Contractor fails to follow the procedures of this Contract, including failing to give Notice, the Contractor completely waives any Contract Claims. In its sole discretion, the City may waive strict compliance with procedures, but any such waiver of one or more items or elements does not waive the necessity for Contractor's strict compliance with any other item or element, nor shall such waiver be admissible in any legal proceeding for any reason. 1-04.5(2) Form of Notice The Notice shall be in writing and include the following minimum information: 1. A complete and accurate description of the event(s) giving rise to the Notice, including dates, times, and locations; 2. A preliminary list of persons involved in such event; Sewer Regulators R4 and Division 1 -GENERAL REQUIREMENTS May 2017 R39 Modifications WO No-UP3633 SP-57