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CITY OF EVERETT SPECIAL PROVISIONS <br /> If the Contractor fails to follow the procedures of this Contract, including failing to give <br /> Notice, the Contractor completely waives any Contract Claims. In its sole discretion, the <br /> City may waive strict compliance with procedures, but any such waiver of one or more <br /> items or elements does not waive the necessity for Contractor's strict compliance with <br /> any other item or element, nor shall such waiver be admissible in any legal proceeding <br /> for any reason. <br /> 1-04.5(2) Form of Notice <br /> The Notice shall be in writing and include the following minimum information: <br /> 1. A complete and accurate description of the event(s) giving rise to the Notice, <br /> including dates, times, and locations; <br /> 2. A preliminary list of persons involved in such event; <br /> 3. A statement whether the Contractor believes the event may result in a <br /> Contract Claim for additional Contract Time or adjustment of the Contract <br /> Sum; <br /> 4. A date by which Contractor shall begin providing Supplemental Information as <br /> provided in this section. <br /> 1-04.5(3) Supplemental Information <br /> Contractor shall supplement the written Notice as soon as possible with a written <br /> statement providing the following: <br /> 1. The date of the event, incident, direction, instruction, interpretation or <br /> determination; <br /> 2. The nature and circumstances giving rise to the Notice; <br /> 3. The contract provisions relating to the event, incident, direction, instruction, <br /> interpretation or determination; <br /> 4. The estimated dollar cost, if any, of the Extra Work, Delay, change or <br /> disruption and detailing how the dollar amount estimate was determined; and <br /> 5. An analysis of the progress schedule showing the impact to the schedule <br /> resulting from the change or disruption, if the Contractor is asserting a <br /> schedule change or disruption; <br /> Throughout any work related to a Notice, the Contractor shall keep complete and <br /> accurate records of costs, expenses, and time incurred for which Contractor will or may <br /> seek an adjustment. Contractor waives and is estopped from seeking an adjustment of <br /> Contract Sum or Contract Time where Contractor fails to keep and maintain cost, <br /> timekeeping, and scheduling records segregated and contemporaneously allocated to <br /> the subject work for which an adjustment is sought. For example, failure to keep <br /> contemporaneous labor and equipment time records specifically and only allocated to <br /> each item of claimed Extra Work shall constitute a waiver of any Contract Claim for <br /> reimbursement or additional Contract Time for each such item of Extra Work. The <br /> Contractor shall permit the City access to these and any other records needed for <br /> evaluating requests for additional Contract Time or Contract Sum. <br /> 1-04.6 Variation in Estimated Quantities <br /> Revise the first paragraph to read as follows: <br /> Payment to the Contractor will be made only for the actual quantities of Work performed <br /> and accepted in conformance with the Contract. When the accepted quantity of Work <br /> performed under a unit item varies from the original Proposal quantity, payment will be <br /> at the unit Contract price for all Work unless the total accepted quantity of any Contract <br /> item, adjusted to exclude added or deleted amounts included in change orders accepted <br /> Shore Avenue Force Main Division 1 -GENERAL REQUIREMENTS February 24,2022 <br /> WO No-UP3734 SP-51 <br />