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CITY OF EVERETT SPECIAL PROVISIONS <br /> Contract Sum as provided in 1-04.6 VARIATION IN INCREASED OR <br /> DECREASED QUANTIES; <br /> The Contractor shall immediately give Notice to the City or City's Representative as <br /> provided 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 <br /> with 1-08.3 PROGRESS SCHEDULE and 1-08.8 EXTENSIONS OF TIME. <br /> Irrespective of any request for additional compensation or Contract Time or a Contract <br /> Claim that Work is extra and not part of the original scope of Work, the Contractor shall <br /> proceed 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 <br /> Notice, the Contractor completely waives any Contract Claims. In its sole discretion, <br /> the City may waive strict compliance with procedures, but any such waiver of one or <br /> more items or elements does not waive the necessity for Contractor's strict compliance <br /> with any other item or element, nor shall such waiver be admissible in any legal <br /> proceeding for any reason. <br /> 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 /> 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 <br /> Contract Claim for additional Contract Time or adjustment of the Contract <br /> Sum; <br /> 4. A date by which Contractor shall begin providing Supplemental Information as <br /> provided in this section. <br /> 1-04.5(3) Supplemental Information <br /> Contractor shall supplement the written Notice as soon as possible with a written <br /> statement providing the following: <br /> 1. The date of the event, incident, direction, instruction, interpretation or <br /> determination; <br /> 2. The nature and circumstances giving rise to the Notice; <br /> 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 <br /> disruption and detailing how the dollar amount estimate was determined; and <br /> 5. An analysis of the progress schedule showing the impact to the schedule <br /> resulting from the change or disruption, if the Contractor is asserting a <br /> schedule change or disruption; <br /> Throughout any work related to a Notice, the Contractor shall keep complete and <br /> accurate records of costs, expenses, and time incurred for which Contractor will or <br /> may seek an adjustment. Contractor waives and is estopped from seeking an <br /> adjustment of Contract Sum or Contract Time where Contractor fails to keep and <br /> maintain cost, timekeeping, and scheduling records segregated and <br /> contemporaneously allocated to the subject work for which an adjustment is sought. <br /> For example, failure to keep contemporaneous labor and equipment time records <br /> specifically and only allocated to each item of claimed Extra Work shall constitute a <br /> Water Main Replacement R Division 1 —GENERAL REQUIREMENTS March 1, 2017 <br /> WO No—UP3646 SP-50 <br />