Interwest Construction Inc 8/9/2018

CITY OF EVERETT SPECIAL PROVISIONS seek an adjustment. Contractor waives and is estopped from seeking an adjustment of Contract Sum or Contract Time where Contractor fails to keep and maintain cost, timekeeping, and scheduling records segregated and contemporaneously allocated to the subject work for which an adjustment is sought. For example, failure to keep contemporaneous labor and equipment time records specifically and only allocated to each item of claimed Extra Work shall constitute a waiver of any Contract Claim for reimbursement or additional Contract Time for each such item of Extra Work. The Contractor shall permit the City access to these and any other records needed for evaluating requests for additional Contract Time or Contract Sum. 1-04.6 Variation in Estimated Quantities Revise the first paragraph to read as follows: Payment to the Contractor will be made only for the actual quantities of Work performed and accepted in conformance with the Contract. When the accepted quantity of Work performed under a unit item varies from the original Proposal quantity, payment will be at the unit Contract price for all Work unless the total accepted quantity of any Contract item, adjusted to exclude added or deleted amounts included in change orders accepted by both parties, increases or decreases by more than 25 percent from the original Proposal quantity, and if the total extended bid price for that item at time of award is equal to or greater than 10 percent of the total contract price at time of award. In that case, payment for contract work may be adjusted as described in the Standard Specifications and modified in these Special Provisions. 1-04.7 Differing Site Conditions (Changed Conditions) Delete all of 1-04.7 and substitute the following: Upon discovery and before such conditions are disturbed, the Contractor shall promptly provide Notice to the City's Representative of: Pre-existing subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or Pre-existing unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this Contract. If requested in writing by the Contractor and if the City's Representative finds that conditions are materially different and cause a material increase or decrease in the Contractor's cost of performance of the Work, or extends the duration of the critical path of the schedule, the City's Representative will make an adjustment of Contract Sum or Contract Time. Extensions of Contract Time will be evaluated in accordance with 1-08.3 PROGRESS SCHEDULE. However, if the parties are unable to agree on an adjustment of Contract Sum or Contract Time, the City's Representative will determine the amount of the adjustment of Contract Sum or Contract Time. If the City's Representative determines that differing site conditions do not exist or that no adjustment in Contract Sum or Contract Time is warranted, such determination shall be final. If there is a decrease in the cost or time required to perform the Work, failure of the Contractor to notify the City's Representative of the differing site condition shall not affect the City's right to make an adjustment in the Contract Sum or Contract Time. Additionally, no Contract Claim or adjustment of Contract Sum or Contract Time shall be allowed unless the Contractor has followed the procedures provided for in this Contract, including, but not limited to, furnishing timely Notice of the event and its effect on Contract Time and Contract Sum as required herein. Wetmore Ave Stormwater Bypass Division 1 —GENERAL REQUIREMENTS August, 2018 WO No—UP3704 SP—1-55