Valdez Construction, Inc. 8/7/2023

1 City of Everett 00 72 00 - 44 1 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 111 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. 12. CONTRACT CLAIMS ' 12.1 GENERAL If the Contractor requests or believes for any reason that it is entitled to an adjustment of Contract Sum or Contract Time,or if the Contractor has a Dispute with the Owner and wants the Owner to take some action, or refrain from taking action,the Contractor shall file a Contract Claim as provided in this section. A timely and complete Contract Claim is a condition precedent to any entitlement by the Contractor to an adjustment of Contract Sum or Contract Time. No Contract Claim shall be allowed unless the Contractor has given Notice as required by 10. NOTICE TO OWNER and/or 11. DIFFERING SITE CONDITIONS and otherwise fully complies with the requirements of this section 12.CONTRACT CLAIMS. The Contractor waives any Contract Claim if: (a)Notice was not timely given in accordance with the requirements of 10. NOTICE TO OWNER and/or 11. DIFFERING SITE CONDITIONS; (b)the Owner's Representative is not afforded reasonable access by the Contractor to complete records, including,but not limited to, correspondence,job diaries,and actual cost and additional time incurred; (c) a Contract Claim is not timely filed as required by the General Conditions; or(d)adequate,accurate, contemporaneous and segregated supporting time and expense records are not kept and maintained. The fact that the Contractor provided proper and timely Notice,provided a properly filed Contract Claim,or provided the Owner's Representative access to records of actual cost,shall not in any way be construed as proving or substantiating the validity of the Contract Claim. If the Owner determines the Contract Claim has merit in whole or in part,the Owner's Representative will make an adjustment of Contract Sum or 00 72 00 - 44 GENERAL CONDITIONS