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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-22 <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 disruption <br />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 schedule <br />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. <br />1-04.7 Differing Site Conditions (Changed Conditions) <br />Delete all of 1-04.7 and substitute the following: <br />Upon discovery and before such conditions are disturbed, the Contractor shall promptly <br />provide Notice to the City’s Representative of: <br />Pre-existing subsurface or latent physical conditions at the site differing materially from <br />those indicated in this Contract, or <br />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 <br />conditions encountered by the Contractor conditions are materially different and, if so, <br />are the cause of a material increase or decrease in the Contractor’s cost of performance <br />of the Work, or extend the duration of the critical path of the schedule. Upon such <br />determination, the City's Representative will make an adjustment of Contract Sum or <br />Contract Time, as appropriate. Extensions of Contract Time will be evaluated in <br />accordance with 1-08.3 PROGRESS SCHEDULE.