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I <br /> CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS I <br /> 1. 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 /> adjustment. <br /> 2. Contractor waives and is stopped from seeking an adjustment of Contract Sum or Contract <br /> Time where Contractor fails to keep and maintain cost, timekeeping, and scheduling records <br /> segregated and contemporaneously allocated to the subject work for which an adjustment is <br /> sought. <br /> a. 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 /> waiver of any Contract Claim for reimbursement or additional Contract Time for each <br /> such item of Extra Work. <br /> b. The Contractor shall permit the Owner access to these and any other records needed for <br /> evaluating requests for additional Contract Time or Contract Sum. <br /> ARTICLE 11 DIFFERING SITE CONDITIONS 'I <br /> 11.1 General <br /> A. Notification I <br /> 1. Upon discovery and before such conditions are disturbed, the Contractor shall promptly <br /> provide Notice to the Owner's Representative of: <br /> a. Preexisting subsurface or latent physical conditions at the Site differing materially from <br /> those indicated in this Contract, or <br /> b. Preexisting 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 /> B. Investigation of the Conditions I <br /> 1. The Owner's Representative will promptly investigate the conditions. <br /> 2. If the Owner's Representative finds that conditions are materially different and cause a <br /> material increase or decrease in the Contractor's cost of performance of the Work, or extends <br /> the duration of the critical path of the schedule, the Owner's Representative will make an <br /> adjustment of Contract Sum or Contract Time. <br /> 3. Extensions of Contract Time will be evaluated in accordance with 5.2.C. Extensions of <br /> Contract Time. <br /> C. Inability to Agree on Adjustment of Contract Sum or Contract Time I <br /> 1. If the parties are unable to agree on an adjustment of Contract Sum or Contract Time, the <br /> Owner's Representative will determine the amount of the adjustment of Contract Sum or <br /> Contract Time. <br /> 2. If the Owner's Representative determines that differing Site conditions do not exist or that no <br /> adjustment in Contract Sum or Contract Time is warranted, such determination shall be final. <br /> 3. If there is a decrease in the costs or time required to perform the Work, failure of the <br /> Contractor to notify the Owner's Representative of the differing Site condition shall not <br /> affect the Owner's right to make an adjustment in the Contract Sum or Contract Time. <br /> a. No Contract Claim or adjustment of Contract Sum or Contract Time shall be allowed <br /> unless the Contractor has followed the procedures provided for in this Contract, <br /> I <br /> Legion Golf Course Stormwater Detention Project November 28, 2017 <br /> WO#UP3620 00 72 13 - 52 <br />