IMCO General Construction 12/13/2022

I City of Everett 00 72 00 - 45 Water Filter Plant Portal 4 Improvements WO# 3755 2. The nature and circumstances giving rise to the Notice; 3. The Contract provisions relating to,but not limited to,the event,incident,and direction; 4. The estimated dollar cost,if any,of the Extra Work,or Delay,or both and how that estimate was determined;and 5. An analysis of the schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. Throughout any work related to a Notice,the Contractor shall keep complete and accurate records of costs,expenses,and time incurred for which Contractor will or may seek an adjustment. Contractor waives and is stopped from seeking an adjustment of Contract Sum or Contract Time where Contractor fails to keep and maintain cost,timekeeping,and scheduling records segregated and contemporaneously allocated to the subject work for which an adjustment is sought. For example,failure to keep contemporaneous labor and equipment time records specifically and only allocated to each item of claimed Extra Work shall constitute a waiver of any Contract Claim for reimbursement or additional Contract Time for each such item of Extra Work. The Contractor shall permit the Owner access to these and any other records needed for evaluating requests for additional Contract Time or Contract Sum. 11. DIFFERING SITE CONDITIONS Upon discovery and before such conditions are disturbed,the Contractor shall promptly provide Notice to the City's Representative of: 1. Pre-existing subsurface or latent physical conditions at the site differing materially from those indicated in this Contract,or 2. Pre-existing unknown physical conditions at the site,of an unusual nature,differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this Contract. ' Upon written request,the City's Representative shall determine whether the actual conditions encountered by the Contractor conditions are materially different and, if so,are the cause of a material increase or decrease in the Contractor's cost of performance of the Work,or extend the duration of the critical path of the schedule. Upon such determination,the City's Representative will make an adjustment of Contract Sum or Contract Time,as appropriate. Extensions of Contract Time will be evaluated in accordance with 5.2.2.2 Extensions of Contract Time. The City's Representative's determination that differing site conditions do not exist and/or the appropriate adjustment in Contract Sum or Contract Time(if any)shall be final. If there is a decrease in the cost or time required to perform the Work,failure of the Contractor to notify the City's Representative of the differing site condition shall not affect the City's right to make an adjustment in the Contract Sum or Contract Time. Additionally,no Contract Claim or adjustment of Contract Sum or Contract Time shall be allowed unless the Contractor has followed the procedures provided for in this Contract,including,but not limited to,furnishing timely Notice of the event and its effect on Contract Time and Contract Sum as ' required herein. Contractor shall in no event be entitled to a Contract Claim or adjustment of Contract Sum or Contract Time based on an allegation that the pre-existing subsurface or latent physical conditions at the site differ materially from those indicated in this Contract unless Contractor establishes that it reasonably relied on the conditions indicated in this Contract when making its bid,that the actual conditions encountered on the site differed materially from those indicated in this Contract,and that such materially-different conditions were not foreseeable at the time of its bid. I 00 72 00 - 45 GENERAL CONDITIONS