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1 <br /> City of Everett 00 72 00 - 42 <br /> Water Filter Plant Emergency Generator Replacement WO# 3587 ' <br /> compliance with procedures,but any such waiver of one or more items or elements does not waive the <br /> necessity for Contractor's strict compliance with any other item or element,nor shall such waiver be <br /> admissible in any legal proceeding for any reason. <br /> 10.2 FORM OF NOTICE <br /> The Notice must include the following minimum information: R <br /> 1. A complete and accurate description of the event or events giving rise to the Notice,including <br /> dates,times,and locations; <br /> 2. A preliminary list of persons of involved in such event; <br /> 3. A statement whether the Contractor believes the event may result in a Contract Claim for <br /> additional Contract Time or adjustment of the Contract Sum; ' <br /> 4. A date by which Contractor shall begin providing Supplemental Information as provided in this <br /> section. <br /> 10.3 SUPPLEMENTAL INFORMATION ' <br /> Contractor shall supplement the written Notice as soon as possible with a written statement providing the <br /> following: ' <br /> 1. The date of the event, incident, direction,and other pertinent information; <br /> 2. The nature and circumstances giving rise to the Notice; <br /> 3. The Contract provisions relating to,but not limited to,the event,incident, and direction; <br /> 4. The estimated dollar cost,if any,of the Extra Work,or Delay,or both and how that estimate was <br /> determined;and <br /> 5. An analysis of the schedule showing the schedule change or disruption if the Contractor is <br /> asserting a schedule change or disruption. <br /> Throughout any work related to a Notice,the Contractor shall keep complete and accurate records of I <br /> costs, expenses, and time incurred for which Contractor will or may seek an adjustment. Contractor <br /> waives and is stopped from seeking an adjustment of Contract Sum or Contract Time where Contractor <br /> fails to keep and maintain cost,timekeeping,and scheduling records segregated and contemporaneously - <br /> allocated to 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 each item of <br /> claimed Extra Work shall constitute a waiver of any Contract Claim for reimbursement or additional <br /> Contract Time for each such item of Extra Work.The Contractor shall permit the Owner access to these <br /> and any other records needed for evaluating requests for additional Contract Time or Contract Sum. <br /> 11. DIFFERING SITE CONDITIONS ' <br /> Upon discovery and before such conditions are disturbed,the Contractor shall promptly provide Notice to <br /> the City's Representative of: I <br /> 1. Pre-existing subsurface or latent physical conditions at the site differing materially from <br /> those indicated in this Contract,or <br /> 2. Pre-existing unknown physical conditions at the site,of an unusual nature,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 /> 00 72 00 - 42 GENERAL CONDITIONS <br />