Faber Construction Corporation 4/23/2025

CITY OF EVERETT SPECIAL PROVISIONS LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 WO No – UP3529 SP – 56 4. A date by which Contractor shall begin providing Supplemental Information as provided in this section. 1-04.5(3) Supplemental Information Contractor shall supplement the written Notice as soon as possible with a written statement providing the following: 1. The date of the event, incident, direction, instruction, interpretation or determination; 2. The nature and circumstances giving rise to the Notice; 3. The contract provisions relating to the event, incident, direction, instruction, interpretation or determination; 4. The estimated dollar cost, if any, of the Extra Work, Delay, change or disruption and detailing how the dollar amount estimate was determined; and 5. An analysis of the progress schedule showing the impact to the schedule resulting from the 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 estopped 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 City access to these and any other records needed for evaluating requests for additional Contract Time or Contract Sum. 1-04.5(4) Contract Claim A Contractor dissatisfied with the City’s response or (non-response) to a Notice provided under Section 1-04.5 completely waives any claims related to such Notice unless the Contractor submits a Contract Claim in accordance with Section 1-09.11. 1-04.7 Differing Site Conditions (Changed Conditions) Delete all of 1-04.7 and substitute the following: Upon discovery and before such conditions are disturbed, the Contractor shall promptly provide Notice to the City’s Representative of: Pre-existing subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or 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 1-08.3 PROGRESS SCHEDULE. 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