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1 <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> the subject work for which an adjustment is sought. For example, failure to keep <br /> contemporaneous labor and equipment time records specifically and only allocated to <br /> each item of claimed Extra Work shall constitute a waiver of any Contract Claim for <br /> reimbursement or additional Contract Time for each such item of Extra Work. The <br /> Contractor shall permit the City access to these and any other records needed for <br /> evaluating requests for additional Contract Time or Contract Sum. <br /> 1-04.6 Variation in Estimated Quantities <br /> Revise the first paragraph to read as follows: <br /> Payment to the Contractor will be made only for the actual quantities of Work performed <br /> and accepted in conformance with the Contract. When the accepted quantity of Work <br /> performed under a unit item varies from the original Proposal quantity, payment will be <br /> at the unit Contract price for all Work unless the total accepted quantity of any Contract <br /> item, adjusted to exclude added or deleted amounts included in change orders accepted <br /> by both parties, increases or decreases by more than 25 percent from the original <br /> Proposal quantity, and if the total extended bid price for that item at time of award is <br /> equal to or greater than 10 percent of the total contract price at time of award. In that <br /> case, payment for contract work may be adjusted as described in the Standard <br /> 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 promptly I <br /> 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 I <br /> Pre-existing unknown physical conditions at the site, of an unusual nature, differing <br /> materially from those ordinarily encountered and generally recognized as inhering <br /> 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 path 1 <br /> of the schedule, the City's Representative will make an adjustment of Contract Sum or <br /> Contract Time. Extensions of Contract Time will be evaluated in accordance with 1-08.3 <br /> PROGRESS SCHEDULE. <br /> However.. if the parties are unable to agree on an adjustment of Contract Sum or Contract <br /> Time, the City's Representative will determine the amount of the adjustment of Contract <br /> Sum or Contract Time. If the City's Representative determines that differing site <br /> conditions do not exist or that no adjustment in Contract Sum or Contract Time is <br /> warranted, such determination shall be final. If there is a decrease in the cost or time <br /> required to perform the Work, failure of the Contractor to notify the City's Representative <br /> of the differing site condition shall not affect the City's right to make an adjustment in the <br /> Contract Sum or Contract Time. Additionally, no Contract Claim or adjustment of <br /> Contract Sum or Contract Time shall be allowed unless the Contractor has followed the <br /> procedures provided for in this Contract, including, but not limited to, furnishing timely <br /> Notice of the event and its effect on Contract Time and Contract Sum as required herein. <br /> 1-05 CONTROL OF WORK <br /> 1-05.1 Authority of the Engineer I <br /> Delete 1-05.1 and substitute the following: <br /> Cleveland Avenue Division 1 —GENERAL REQUIREMENTS November 2018 <br /> Sewer System Replacement and <br /> Storm Water Separation <br /> WO No. UP3398 SP -76 1 <br />