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City of Everett 00 72 00 - 45 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 72 00 - 45 GENERAL CONDITIONS <br />6. An event occurs, or fails to occur, that the Contractor believes, or should reasonably foresee, may <br />result in a Contract Claim; <br />the Contractor shall immediately give Notice to the Owner or Owner’s Representative as provided in this <br />section and elsewhere in the General Conditions and Specifications. <br />Timely and adequate Notice is a condition precedent to a Contract Claim. <br />Requests for extensions of Contract Time must be made and will be evaluated in accordance with 5.2.2.2 <br />Extensions of Contract Time. <br />Irrespective of any request for additional compensation or Contract Time or any Contract Claim that work <br />is extra and not part of the original scope of Work, the Contractor shall proceed expeditiously and <br />promptly with the work as the Owner orders. <br />If the Contractor fails to follow the procedures of this Contract, including failing to give Notice, the <br />Contractor completely waives such Contract Claim. In its sole discretion, the Owner may waive strict <br />compliance with procedures, but any such waiver of one or more items or elements does not waive the <br />necessity for Contractor’s strict compliance with any other item or element, nor shall such waiver be <br />admissible in any legal proceeding for any reason. <br />10.2 FORM OF NOTICE <br />The Notice must include the following minimum information: <br />1. A complete and accurate description of the event or events giving rise to the Notice, including <br />dates, times, and locations; <br />2. A preliminary list of persons of involved in such event; <br />3. A statement whether the Contractor believes the event may result in a Contract Claim for <br />additional Contract Time or adjustment of the Contract Sum; <br />4. A date by which Contractor shall begin providing Supplemental Information as provided in this <br />section. <br />10.3 SUPPLEMENTAL INFORMATION <br />Contractor shall supplement the written Notice as soon as possible with a written statement providing the <br />following: <br />1. The date of the event, incident, direction, and other pertinent information; <br />2. The nature and circumstances giving rise to the Notice; <br />3. The Contract provisions relating to, but not limited to, the event, incident, and direction; <br />4. The estimated dollar cost, if any, of the Extra Work, or Delay, or both and how that estimate was <br />determined; and <br />5. An analysis of the schedule showing the schedule change or disruption if the Contractor is <br />asserting a schedule change or disruption. <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.