Rodarte Construction Inc Everett Station Parking Expansion

I I 1 2 Irrespective of any request for additional compensation or Contract Time or any Contract I 3 4 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 Owner orders. 5 I 6 7 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 8 Owner may waive strict compliance with procedures, but any such waiver of one or more 9 items or elements does not waive the necessity for Contractor's strict compliance with any I 10 other item or element, nor shall such waiver be admissible in any legal proceeding for any 11 reason. 12 I 13 1-04.5(2) Form of Notice 14 The Notice must include the following minimum information: 15 I16 1. A complete and accurate description of the event(s) giving rise to the Notice, 17 including dates, times, and locations; 18 2. A preliminary list of persons of involved in such event; I 19 20 3. A statement whether the Contractor believes the event may result in a Contract Claim for additional Contract Time or adjustment of the Contract Sum; 21 4. A date by which Contractor shall begin providing Supplemental Information as I22 provided in this Section. 23 24 1-04.5(3) Supplemental Information 25 The Contractor shall supplement the written Notice as soon as possible with a written I 26 statement providing the following: 27 28 1. The date of the event, incident, direction, etc.; 29 2. The nature and circumstances giving rise to the Notice; 30 3. The Contract provisions relating to the event, incident, direction, etc.; 31 4. The estimated dollar cost, if any, of the Extra Work, delay, etc. and how that I32 estimate was determined; and 33 5. An analysis of the progress schedule showing the schedule change or disruption if 34 the Contractor is asserting a schedule change or disruption. 1 35 36 Throughout any Work related to a Notice, the Contractor shall keep complete and accurate 37 records of costs, expenses, and time incurred for which Contractor will or may seek an I 38 39 adjustment. The Contractor waives and is estopped from seeking an adjustment of Contract Sum or Contract Time where the Contractor fails to keep and maintain cost, 40 timekeeping, and scheduling records segregated and contemporaneously allocated to the 41 subject Work for which an adjustment is sought. For example, failure to keep I 42 contemporaneous labor and Equipment time records specifically and only allocated to each 43 item of claimed Extra Work shall constitute a waiver of any Contract Claim for 44 reimbursement or additional Contract Time for each such item of Extra Work. The I 45 Contractor shall permit the Owner access to these and any other records needed for 46 evaluating requests for additional Contract Time or Contract Sum. 47 I 48 1-04.7 Differing Site Conditions (Changed Conditions) 49 Delete all of Section 1-04.7 and substitute the following: I City of Everett Page SP1 17 Special Provisions Everett Station 80 Stall Parking Expansion June 2019