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City of Everett 00 72 00 - 43 <br /> t <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 fmal. 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 <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 <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 section 12.CONTRACT <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; <br /> (b)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 /> Representative to determine the facts or contentions involved in the Contract Claim. Owner is not <br /> obligated to respond to a Contract Claim unless the Contractor is in full compliance with all the <br /> provisions of the General Conditions and the formal Contract Claim document has been submitted. <br /> Full compliance by the Contractor with the provisions of this section 12 is a contractual condition <br /> precedent to the Contractor's right to sue or seek any recovery against the Owner in any legal proceeding. <br /> i <br /> 00 72 00 - 43 GENERAL CONDITIONS <br />