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CITY OF EVERETT SPECIAL PROVISIONS <br /> Citys Representative is not afforded reasonable access by the Contractor to <br /> complete records, including, but not limited to, correspondence, job diaries, and <br /> actual cost and additional time incurred; (c) a Contract Claim is not timely filed as <br /> required by the Contract Documents; or (d) adequate, accurate, contemporaneous <br /> and segregated supporting time and expense records are not kept and maintained. <br /> The fact that the Contractor provided proper and timely Notice, provided a properly <br /> filed Contract Claim, or provided the City's Representative access to records of <br /> actual cost, shall not in any way be construed as proving or substantiating the <br /> validity of the Contract Claim. If the City determines the Contract Claim has merit <br /> in whole or in part, the City's Representative will make an adjustment of Contract111 <br /> Sum or Contract Time required for the Work, or both. If the City's Representative <br /> finds the Contract Claim to be without merit, no adjustment will be made. <br /> The Contractor shall keep full, complete, accurate and contemporaneous records <br /> of the costs and additional time incurred for any Contract Claim. The Contractor <br /> shall permit the Citys Representative to have access to those records and any other <br /> records as may be required by the Citys Representative to determine the facts or <br /> contentions involved in the Contract Claim. City is not obligated to respond to a <br /> Contract Claim unless the Contractor is in full compliance with all the provisions of <br /> the Contract Documents and the formal Contract Claim document has been <br /> submitted <br /> Full compliance by the Contractor with the provisions of this section is a contractual <br /> condition precedent to the Contractor's right to sue or seek any recovery against <br /> the City in any legal proceeding. <br /> 1-09.11(2)B Contents <br /> All Contract Claims filed by the Contractor shall be in writing, verified under penalty <br /> of perjury by an officer or principal of the Contractor, and in sufficient detail to enable <br /> the City's Representative to ascertain the basis and amount of the Contract Claim. <br /> All Contract Claims shall be submitted to the Citys Representative. At a minimum, <br /> each Contract Claim shall include: <br /> 1. A detailed factual statement of the Contract Claim for additional <br /> compensation and extension of Contract Time, if any, providing all <br /> necessary dates, locations, and items of Work affected by the Contract <br /> Claim. <br /> 2. The dates of all facts related to the Contract Claim. <br /> 3. The name of each City's individual, official, or employee involved in or <br /> knowledgeable about the Contract Claim. <br /> 4. The specific provisions of the Contract that support the Contract Claim <br /> and a statement of the reasons why such provisions support the Contract <br /> Claim. <br /> 5. If the Contract Claim relates to a decision of the City's Representative <br /> that the Contract leaves to the City's Representative's discretion or as to <br /> which the Contract provides that the City Representative's decision is <br /> final, the Contractor shall set out in detail all facts supporting its position <br /> relating to the decision of the City's Representative. <br /> 6. Identification of any documents and the substance of any oral <br /> communications that support the Contract Claim. <br /> 7. Copies of any identified documents that support the Contract Claim, <br /> other than City documents and documents previously furnished to the <br /> i <br /> Watermain Replacement"U" Division 1 —GENERAL REQUIREMENTS October 1, 2019 <br /> WO No—UP3698 SP—116 i <br />