A-1 Landscaping and Construction, Inc. 7/20/2016

I 1 orders. 2 If the Contractor fails to follow the procedures of this Contract, including failing 3 to give Notice, the Contractor completely waives any Contract Claims. In its 4 sole discretion, the Owner may waive strict compliance with procedures, but 5 any such waiver of one or more items or elements does not waive the 6 necessity for Contractor's strict compliance with any other item or element, nor 7 shall such waiver be admissible in any legal proceeding for any reason. 8 9 1-04.5(2) Form of Notice 10 11 The Notice must include the following minimum information: 12 1. A complete and accurate description of the event(s) giving rise to the Notice, 13 including dates, times, and locations; 14 2. A preliminary list of persons involved in such event; 15 3. A statement whether the Contractor believes the event may result in a Contract 16 Claim for additional Contract Time or adjustment of the Contract Sum; 17 4. A date by which Contractor shall begin providing Supplemental Information as 18 provided in this section. 19 20 1-04.5(3) Supplemental Information 21 22 Contractor shall supplement the written Notice as soon as possible with a written 23 statement providing the following: 24 1. The date of the event, incident, direction, etc.; 25 2. The nature and circumstances giving rise to the Notice; 26 3. The Contract provisions relating to the event, incident, direction, etc.; 27 4. The estimated dollar cost, if any, of the Extra Work, delay, etc. and how that 28 estimate was determined; and 29 5. An analysis of the progress schedule showing the schedule change or disruption 30 if the Contractor is asserting a schedule change or disruption; 31 32 Throughout any work related to a Notice, the Contractor shall keep complete and 33 accurate records of costs, expenses, and time incurred for which Contractor will or may 34 seek an adjustment. Contractor waives and is estopped from seeking an adjustment of 35 Contract Sum or Contract Time where Contractor fails to keep and maintain cost, 36 timekeeping, and scheduling records segregated and contemporaneously allocated to 37 the subject work for which an adjustment is sought. For example, failure to keep 38 contemporaneous labor and Equipment time records specifically and only allocated to 39 each item of claimed Extra Work shall constitute a waiver of any Contract Claim for 40 reimbursement or additional Contract Time for each such item of Extra Work. The 41 Contractor shall permit the Owner access to these and any other records needed for 42 evaluating requests for additional Contract Time or Contract Sum. 43 1 44 1-04.7 Differing Site Conditions (Changed Conditions) 45 46 Section 1-04.7 is modified to read as follows: 47 48 Upon discovery and before such conditions are disturbed, the Contractor shall promptly 49 provide Notice to the Owner's Representative of: I 50 1. Preexisting subsurface or latent physical conditions at the site differing materially 51 from those indicated in this Contract, or 52 2. Preexisting unknown physical conditions at the site, of an unusual nature, RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 22