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r <br /> 13. Investigation of the Conditions <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 material <br /> increase or decrease in the Contractor's cost of performance of the Work, or extends the duration of <br /> the critical path of the schedule,the Owner's Representative will make an adjustment of Contract Sum <br /> or Contract Time. <br /> 3. Extensions of Contract Time will be evaluated in accordance with 5.2.C. Extensions of Contract <br /> Time. <br /> C. Inability to Agree on Adjustment of Contract Sum or Contract Time <br /> 1. If the parties are unable to agree on an adjustment of Contract Sum or Contract Time, the Owner's <br /> Representative will determine the amount of the adjustment of Contract Sum or 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 /> 1 3. If there is a decrease in the costs or time required to perform the Work, failure of the Contractor to <br /> notify the Owner's Representative of the differing Site condition shall not affect the Owner's right to <br /> 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 unless the <br /> Contractor has followed the procedures provided for in this Contract, including, but not limited <br /> to, furnishing timely Notice of the event and its effect on Contract Time and Contract Sum as <br /> I <br /> required herein. <br /> ARTICLE 12 CONTRACT CLAIMS <br /> A. GENERAL <br /> A. If the Contractor requests or believes for any reason that additional compensation or an extension of <br /> Contract Time is due it, including, but not limited to, breach of contract or request for adjustment of <br /> Contract Sum or Contract Time, or if the Contractor has a Dispute with the Owner and wants the Owner to <br /> take some action, or refrain from taking action, the Contractor shall file a Contract Claim as provided in <br /> this section. A timely and complete Contract Claim is a condition precedent to any entitlement by the <br /> Contractor to an adjustment of Contract Sum or Contract Time. No Contract Claim shall be allowed unless <br /> the Contractor has given Notice as required by this section. The Contractor waives any Contract Claim if: <br /> (a) Notice was not timely given; (b) the Owner's Representative is not afforded reasonable access by the <br /> Contractor to complete records, including, but not limited to, correspondence,job diaries, and actual cost <br /> and additional time incurred;(c)a Contract Claim is not timely filed as required by the General Conditions; <br /> or (d) adequate, accurate, contemporaneous and segregated supporting time and expense records are not <br /> kept and maintained. The fact that the Contractor provided proper and timely Notice, provided a properly <br /> filed Contract Claim, or provided the Owner's Representative access to records of actual cost, shall not in <br /> any way be construed as proving or substantiating the validity of the Contract Claim. If the Owner <br /> determines the Contract Claim has merit in whole or in part, the Owner's Representative will make an <br /> adjustment of Contract Sum or Contract Time required for the work, or both. If the Owner's <br /> Representative finds the Contract Claim to be without merit,no adjustment will be made. <br /> B. The Contractor shall keep full, complete, accurate and contemporaneous records of the costs and additional <br /> time incurred for any alleged Contract Claim. The Contractor shall permit the Owner's Representative to <br /> have access to those records and any other records as may be required by the Owner's Representative to <br /> determine the facts or contentions involved in the Contract Claim. Owner is not obligated to respond to a <br /> Contract Claim unless the Contractor is in full compliance with all the provisions of the General Conditions <br /> and the formal Contract Claim document has been submitted. <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL.CONDITIONS <br /> 00 72 13-49 Issue for Bid <br />