American Process Group Inc 4/15/2020

' City of Everett 00 7200 - 41 2020 Biosolids Removal UT3705-11 waives and is stopped from seekingadjustment of Contract Sum or Contract Time where Contractor PP an J fails to keep and maintain cost,timekeeping,and scheduling records segregated and contemporaneously allocated to the subject work for which an adjustment is sought. For example,failure to keep contemporaneous labor and equipment time records specifically and only allocated to each item of claimed Extra Work shall constitute a waiver of any Contract Claim for reimbursement or additional Contract Time for each such item of Extra Work. The Contractor shall permit the Owner access to these and any other records needed for evaluating requests for additional Contract Time or Contract Sum. 11. DIFFERING SITE CONDITIONS Upon discovery and before such conditions are disturbed,the Contractor shall promptly provide Notice to the Owner's Representative of: 1. Preexisting subsurface or latent physical conditions at the Site differing materially from those indicated in this Contract, or 2. Preexisting unknown physical conditions at the Site, of an unusual nature,differing materially from those ordinarily encountered and generally recognized as inhering in Work of the character provided for in this Contract. 111 The Owner's Representative will promptly investigate the conditions. If the Owner's Representative finds that conditions are materially different and cause a material increase or decrease in the Contractor's cost of performance of the Work, or extends the duration of the critical path of the schedule,the Owner's ' Representative will make an adjustment of Contract Sum or Contract Time. Extensions of Contract Time will be evaluated in accordance with 5.2.2.2 Extensions of Contract Time. However, if the parties are unable to agree on an adjustment of Contract Sum or Contract Time,the Owner's Representative will determine the amount of the adjustment of Contract Sum or Contract Time. If the Owner's Representative determines that differing Site conditions do not exist or that no adjustment ' in Contract Sum or Contract Time is warranted, such determination shall be final. If there is a decrease in the costs or time required to perform the Work,failure of the Contractor to notify the Owner's Representative of the differing Site condition shall not affect the Owner's right to make an adjustment in the Contract Sum or Contract Time. Additionally,no Contract Claim or adjustment of Contract Sum or Contract Time shall be allowed unless the Contractor has followed the procedures provided for in this Contract, including,but not limited to,furnishing timely Notice of the event and its effect on Contract Time and Contract Sum as required herein. 12. CONTRACT CLAIMS 12.1 GENERAL If the Contractor requests or believes for any reason that additional compensation or an extension of Contract Time is due it, including,but not limited to,breach of contract or request for adjustment of Contract Sum or Contract Time,or if the Contractor has a Dispute with the Owner and wants the Owner to take some action, or refrain from taking action,the Contractor shall file a Contract Claim as provided in this section. A timely and complete Contract Claim is a condition precedent to any entitlement by the ' Contractor to an adjustment of Contract Sum or Contract Time. No Contract Claim shall be allowed unless the Contractor has given Notice as required by this section. The Contractor waives any Contract Claim if: (a)Notice was not timely given; (b)the Owner's Representative is not afforded reasonable access by the Contractor to complete records, including,but not limited to,correspondence,job diaries, and actual cost and additional time incurred; (c)a Contract Claim is not timely filed as required by the General Conditions; or(d)adequate,accurate,contemporaneous and segregated supporting time and ' expense records are not kept and maintained. The fact that the Contractor provided proper and timely Notice,provided a properly filed Contract Claim, or provided the Owner's Representative access to records of actual cost, shall not in any way be construed as proving or substantiating the validity of the 1 00 7200 - 41 GENERAL CONDITIONS