Laserfiche WebLink
City of Everett 00 72 00 - 45 <br />Port Gardner Storage Facility - Demolition Package WO# UP-3525 <br />00 72 00 - 45 GENERAL CONDITIONS <br />Throughout any work related to a Notice, the Contractor shall keep complete and accurate records of <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: <br />1. Pre-existing subsurface or latent physical conditions at the site differing materially from those <br />indicated in this Contract, or <br />2. Pre-existing unknown physical conditions at the site, of an unusual nature, differing materially <br />from those ordinarily encountered and generally recognized as inhering in work of the character <br />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 />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 final. 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 differ <br />materially from those indicated in this Contract unless Contractor establishes that it reasonably relied on <br />the conditions indicated in this Contract when making its bid, that the actual conditions encountered on <br />the site differed materially from those indicated in this Contract, and that such materially-different <br />conditions were not foreseeable at the time of its bid.