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1 <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> 2. The nature and circumstances giving rise to the Notice; I <br /> 3. The contract provisions relating to the event, incident, direction, instruction, <br /> interpretation or determination; I <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 <br /> allocated to each item of claimed Extra Work shall <br /> constitute a <br /> waiver of any Contract Claim for reimbursement or additional Contract Time for each <br /> such item of Extra Work. The Contractor shall permit the City access to these and any <br /> other records needed for evaluating requests for additional Contract Time or Contract <br /> Sum. <br /> 1-04.6 Variation in Estimated Quantities <br /> 111 <br /> Revise the first paragraph to read as follows: <br /> Payment to the Contractor will be made only for the actual quantities of Work <br /> performed and accepted in conformance with the Contract. When the accepted <br /> quantity of Work performed under a unit item varies from the original Proposal quantity, <br /> payment will be at the unit Contract price for all Work unless the total accepted <br /> quantity of any Contract item, adjusted to exclude added or deleted amounts included I <br /> in change orders accepted by both parties, increases or decreases by more than 25 <br /> percent from the original Proposal quantity, and if the total extended bid price for that <br /> item at time of award is equal to or greater than 10 percent of the total contract price at <br /> time of award. In that case, payment for contract work may be adjusted as described in 11 <br /> the Standard Specifications and modified in these Special Provisions. <br /> 1-04.7 Differing Site Conditions (Changed Conditions) <br /> Delete all of 1-04.7 and substitute the following: <br /> Upon discovery and before such conditions are disturbed, the Contractor shall <br /> promptly provide Notice to the City's Representative of: <br /> Pre-existing subsurface or latent physical conditions at the site differing materially <br /> from those indicated in this Contract, or <br /> Pre-existing unknown physical conditions at the site, of an unusual nature, <br /> differing materially from those ordinarily encountered and generally recognized as <br /> inhering in work of the character provided for in this Contract. <br /> If requested in writing by the Contractor and if the City's Representative finds that <br /> conditions are materially different and cause a material increase or decrease in the <br /> Contractor's cost of performance of the Work, or extends the duration of the critical <br /> path of the schedule, the City's Representative will make an adjustment of Contract <br /> Sum or Contract Time. Extensions of Contract Time will be evaluated in accordance <br /> with 1-08.3 PROGRESS SCHEDULE. <br /> I <br /> Watermain Replacement"T" Division 1 -GENERAL REQUIREMENTS October 10, 2018 <br /> WO No-UP3684 SP-60 I <br />