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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <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; I <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 1 <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 111 <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 I <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 /> by both parties, increases or decreases by more than 25 percent from the original <br /> Proposal quantity, and if the total extended bid price for that item at time of award is <br /> equal to or greater than 10 percent of the total contract price at time of award. In that <br /> case, payment for contract work may be adjusted as described in the Standard <br /> Specifications and modified in these Special Provisions. <br /> 1-04.7 Differing Site Conditions (Changed Conditions) I <br /> Delete all of 1-04.7 and substitute the following: <br /> Upon discovery and before such conditions are disturbed, the Contractor shall promptly <br /> provide Notice to the City's Representative of: <br /> Pre-existing subsurface or latent physical conditions at the site differing materially <br /> from those indicated in this Contract, or <br /> Pre-existing unknown physical conditions at the site, of an unusual nature, differing <br /> materially from those ordinarily encountered and generally recognized as inhering <br /> in work of the character provided for in this Contract. <br /> Upon written request, the City's Representative shall determine whether the actual 111 <br /> conditions encountered by the Contractor conditions are materially different and, if so, <br /> are the cause of a material increase or decrease in the Contractor's cost of performance <br /> Water Main Replacement"W" Division 1 —GENERAL REQUIREMENTS April,2022 <br /> WO No.—UP3766 SP—56 <br /> I <br />