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CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 65 <br />Irrespective of any request for additional compensation or Contract Time or a Contract <br />Claim that Work is extra and not part of the original scope of Work, the Contractor shall <br />proceed expeditiously and promptly with the Work as the City orders. <br />If the Contractor fails to follow the procedures of this Contract, including failing to give <br />Notice, the Contractor completely waives any Contract Claims. In its sole discretion, the <br />City may waive strict compliance with procedures, but any such waiver of one or more <br />items or elements does not waive the necessity for Contractor’s strict compliance with <br />any other item or element, nor shall such waiver be admissible in any legal proceeding <br />for any reason. <br />1-04.5(2) Form of Notice <br />The Notice shall be in writing and include the following minimum information: <br />1. A complete and accurate description of the event(s) giving rise to the Notice, <br />including dates, times, and locations; <br />2. A preliminary list of persons involved in such event; <br />3. A statement whether the Contractor believes the event may result in a <br />Contract Claim for additional Contract Time or adjustment of the Contract <br />Sum; <br />4. A date by which Contractor shall begin providing Supplemental Information as <br />provided in this section. <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; <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 <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 <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 />1-04.5(4) Contract Claim <br />A Contractor dissatisfied with the City’s response or (non-response) to a Notice provided <br />under Section 1-04.5 completely waives any claims related to such Notice unless the <br />Contractor submits a Contract Claim in accordance with Section 1-09.11.