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1 <br /> 2. Pre-existing unknown physical conditions at the site,of an unusual nat <br /> ure,tore,differing <br /> materially from those ordinarily encountered and generally recognized as inhering in <br /> work of the character provided for in this Contract. <br /> Upon written request,the City's Representative shall determine whether the actual conditions <br /> encountered by the Contractor conditions are materially different and, if so,are the cause of a material <br /> increase or decrease in the Contractor's cost of performance of the Work,or extend the duration of the <br /> critical path of the schedule. Upon such determination,the City's Representative will make an adjustment <br /> of Contract Sum or Contract Time,as appropriate. Extensions of Contract Time will be evaluated in <br /> accordance with 5.2.2.2 Extensions of Contract Time. <br /> The City's Representative's determination that differing site conditions do not exist and/or the appropriate <br /> adjustment in Contract Sum or Contract Time(if any)shall be final. If there is a decrease in the cost or <br /> time required to perform the Work, failure of the Contractor to notify the City's Representative of the <br /> differing site condition shall not affect the City's right to make an adjustment in the Contract Sum or <br /> Contract Time. Additionally,no Contract Claim or adjustment of Contract Sum or Contract Time shall <br /> be allowed unless the Contractor has followed the procedures provided for in this Contract, including,but <br /> not limited to,furnishing timely Notice of the event and its effect on Contract Time and Contract Sum as <br /> required herein. <br /> Contractor shall in no event be entitled to a Contract Claim or adjustment of Contract Sum or Contract <br /> Time based on an allegation that the pre-existing subsurface or latent physical conditions at the site <br /> differing materially from those indicated in this Contract unless Contractor establishes that it reasonably <br /> relied on the conditions indicated in this Contract when making its bid,that the actual conditions <br /> encountered on the site differed materially from those indicated in this Contract,and that such materially- <br /> different conditions were not foreseeable at the time of its bid <br /> 12. CONTRACT CLAIMS I <br /> 12.1 GENERAL <br /> If the Contractor requests or believes for any reason that it is entitled to an adjustment of Contract Sum or I <br /> Contract Time, or if the Contractor has a Dispute with the Owner and wants the Owner to take some <br /> action, or refrain from taking action,the Contractor shall file a Contract Claim as provided in this section. <br /> A timely and complete Contract Claim is a condition precedent to any entitlement by the Contractor to an <br /> adjustment of Contract Sum or Contract Time. No Contract Claim shall be allowed unless the Contractor <br /> has given Notice as required by 10. NOTICE TO OWNER and/or 11. DIFFERING SITE <br /> CONDITIONS and otherwise fully complies with the requirements of this 12. CONTRACT I <br /> CLAIMS. The Contractor waives any Contract Claim if: (a)Notice was not timely given in accordance <br /> with the requirements of 10. NOTICE TO OWNER and/or 11. DIFFERING SITE CONDITIONS; (b) <br /> the Owner's Representative is not afforded reasonable access by the Contractor to complete records, <br /> including,but not limited to,correspondence,job diaries,and actual cost and additional time incurred;(c) <br /> a Contract Claim is not timely filed as required by the General Conditions; or(d)adequate,accurate, <br /> contemporaneous and segregated supporting time and expense records are not kept and maintained. The <br /> fact that the Contractor provided proper and timely Notice,provided a properly filed Contract Claim,or <br /> provided the Owner's Representative access to records of actual cost,shall not in any way be construed as <br /> proving or substantiating the validity of the Contract Claim. If the Owner determines the Contract Claim <br /> has merit in whole or in part,the Owner's Representative will make an adjustment of Contract Sum or <br /> Contract Time required for the work,or both. If the Owner's Representative finds the Contract Claim to <br /> be without merit,no adjustment will be made. <br /> The Contractor shall keep full, complete,accurate and contemporaneous records of the costs and <br /> additional time incurred for any alleged Contract Claim. The Contractor shall permit the Owner's <br /> Representative to have access to those records and any other records as may be required by the Owner's <br /> General Conditions—007200-44 <br /> I <br />