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I <br /> I4. The Contractor believes, or with the reasonable exercise of ordinary care should <br /> believe,it is entitled to an adjustment of Contract Sum or Time,even if the total or <br /> exact amount or impact cannot yet be determined; <br /> 5. The Contractor believes it is required or directed to perform work that is outside the <br /> scope of the Contract Documents;or <br /> I 6. An event occurs,or fails to occur,that the Contractor believes,or should reasonably <br /> foresee,may result in a Contract Claim;or <br /> 7. The actual quantities of Unit Price Work vary sufficiently from the original estimate <br /> I that Contractor may be entitled to an equitable adjustment of Contract Sum as <br /> provided in 1-04.6 VARIATION IN INCREASED OR DECREASED QUANTIES. <br /> The Contractor shall immediately give Notice to the City or City's Representative as provided <br /> I in this section and elsewhere in the Contract Documents and Specifications. <br /> Timely and adequate Notice is a condition precedent to a Contract Claim. <br /> Requests for extensions of Contract Time shall be made and evaluated in accordance with 1- <br /> II 08.3 PROGRESS SCHEDULE and 1-08.8 EXTENSIONS OF TIME. <br /> Irrespective of any request for additional compensation or Contract Time or a Contract Claim <br /> that Work is extra and not part of the original scope of Work, the Contractor shall proceed <br /> I expeditiously and promptly with the Work as the City orders. <br /> If the Contractor fails to follow the procedures of this Contract,including failing to give Notice, <br /> the Contractor completely waives any Contract Claims. In its sole discretion, the City may <br /> I waive strict compliance with procedures, but any such waiver of one or more items or elements <br /> does not waive the necessity for Contractor's strict compliance with any other item or element, <br /> nor shall such waiver be admissible in any legal proceeding for any reason. <br /> I 1-04.5(2) Form of Notice <br /> The Notice shall be in writing and include the following minimum information: <br /> 1. A complete and accurate description of the event(s)giving rise to the Notice, <br /> I including dates,times,and locations; <br /> 2. A preliminary list of persons involved in such event; <br /> 3. A statement whether the Contractor believes the event may result in a Contract Claim <br /> I for additional Contract Time or adjustment of the Contract Sum; <br /> 4. A date by which Contractor shall begin providing Supplemental Information as <br /> provided in this section. <br /> I 1-04.5(3) Supplemental Information <br /> Contractor shall supplement the written Notice as soon as possible with a written statement <br /> providing the following: <br /> 1 1. The date of the event, incident,direction, instruction, interpretation or determination; <br /> 2. The nature and circumstances giving rise to the Notice; <br /> I 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 and <br /> I detailing how the dollar amount estimate was determined;and <br /> 5. An analysis of the progress schedule showing the impact to the schedule resulting <br /> from the change or disruption, if the Contractor is asserting a schedule change or <br /> I disruption. <br /> Throughout any work related to a Notice, the Contractor shall keep complete and accurate <br /> records of costs, expenses, and time incurred for which Contractor will or may seek an <br /> Iadjustment. Contractor waives and is estopped from seeking an adjustment of Contract Sum or <br /> HAYES STREET REGULATOR February,2017 <br /> AND CSO CONTROLS (SRO1, SRO2,AND SRO3) <br /> IWO No—UP3398-31 SP-65 <br />