Interwest Construction Inc. 7/22/2020

i CITY OF EVERETT SPECIAL PROVISIONS [Modified per Addendum #1] 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. The Contractor waives any Contract Claim if: (a) Notice was not timely given; (b) the City'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 Contract Documents; 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 City's Representative access to records of actual cost, shall not in any way be construed as proving or substantiating the validity of the Contract Claim. If the City determines the Contract Claim has merit in whole or in part, the City's Representative will make an adjustment of Contract Sum or Contract Time required for the Work, or both. If the City's Representative finds the Contract Claim to be without merit, no adjustment will be made. The Contractor shall keep full, complete, accurate and contemporaneous records of the costs and additional time incurred for any Contract Claim. The Contractor shall permit the City's Representative to have access to those records and any other records as may be required by the City's Representative to determine the facts or contentions involved in the Contract Claim. City is not obligated to respond to a Contract Claim unless the Contractor is in full compliance with all the provisions of the Contract Documents and the formal Contract Claim document has been submitted Full compliance by the Contractor with the provisions of this section is a contractual condition precedent to the Contractor's right to sue or seek any recovery against the City in any legal proceeding. 1-09.11(2)B Contents All Contract Claims filed by the Contractor shall be in writing, verified under penalty of perjury by an officer or principal of the Contractor, and in sufficient detail to enable the City's Representative to ascertain the basis and amount of the Contract Claim. All Contract Claims shall be submitted to the City's Representative. At a minimum, each Contract Claim shall include: 1. A detailed factual statement of the Contract Claim for additional compensation and extension of Contract Time, if any, providing all necessary dates, locations, and items of Work affected by the Contract Claim. 2. The dates of all facts related to the Contract Claim. 3. The name of each City's individual, official, or employee involved in or knowledgeable about the Contract Claim. 4. The specific provisions of the Contract that support the Contract Claim and a statement of the reasons why such provisions support the Contract I Claim. 5. If the Contract Claim relates to a decision of the City's Representative that the Contract leaves to the City's Representative's discretion or as to which the Contract provides that the City Representative's decision is final, the Contractor shall set out in detail all facts supporting its position relating to the decision of the City's Representative. Sewer 0 Division 1 —GENERAL REQUIREMENTS Addendum No. 1 WO No—UP3691 SP—127 May 2020