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City of Everett 00 72 00 - 42 <br /> <br /> <br /> <br />00 72 00 - 42 GENERAL CONDITIONS <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. <br />11. DIFFERING SITE CONDITIONS <br />Upon discovery and before such conditions are disturbed, the Contractor shall provide Notice to the <br />City’s Representative within 14 calendar days of such discovery of: <br />1. Pre-existing subsurface or latent physical conditions at the site differing materially from <br />those indicated in the Contract Documents, or <br />2. 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 conditions <br />encountered by the Contractor conditions are materially different and, if so, are the cause of a material