American Process Group Inc 7/9/2019

City of Everett 00 7200 -40 2019 Biosolids Removal UT3705-2 Irrespective of any request for additional compensation or Contract Time or any Contract Claim that work is extra and not part of the original scope of Work,the Contractor shall proceed expeditiously and promptly with the work as the Owner orders. If the Contractor fails to follow the procedures of this Contract, including failing to give Notice,the Contractor completely waives such Contract Claim. In its sole discretion,the Owner may waive strict compliance with procedures, but any such waiver of one or more items or elements does not waive the 111 necessity for Contractor's strict compliance with any other item or element, nor shall such waiver be admissible in any legal proceeding for any reason. 10.2 FORM OF NOTICE ' The Notice must include the following minimum information: 1. A complete and accurate description of the event or events giving rise to the Notice, including dates,times, and locations; 2. A preliminary list of persons of involved in such event; 3. A statement whether the Contractor believes the event may result in a Contract Claim for additional Contract Time or adjustment of the Contract Sum; 4. A date by which Contractor shall begin providing Supplemental Information as provided in this section. 10.3 SUPPLEMENTAL INFORMATION Contractor shall supplement the written Notice as soon as possible with a written statement providing the , following: 1. The date of the event, incident, direction,and other pertinent information; 2. The nature and circumstances giving rise to the Notice; 3. The Contract provisions relating to, but not limited to,the event, incident, and direction; 4. The estimated dollar cost, if any, of the Extra Work, or Delay, or both and how that estimate was determined; and 5. An analysis of the schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. Throughout any work related to a Notice,the Contractor shall keep complete and accurate records of costs, expenses, and time incurred for which Contractor will or may seek an adjustment. Contractor waives and is stopped 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 Owner access to these and any other records needed for evaluating requests for additional Contract Time or Contract Sum. 11. DIFFERING SITE CONDITIONS Upon discovery and before such conditions are disturbed,the Contractor shall promptly provide Notice to the Owner's Representative of: 1. Preexisting subsurface or latent physical conditions at the Site differing materially from those indicated in this Contract, or 1 00 7200 -40 GENERAL CONDITIONS