Permits & Development - Encroachment(EP)/Driveway(DW) Permits - 2007_EP-07-301 thru EP-07-400_ - EP-07-352

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"Labor," 9-1.03A(2), "Materials," and 9-1.03A(3), "Equipment Rental." The total payment made as provided above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor. Section 9-1.04,"Notice of Potential Claim,"of the Standard Specifications is amended to read: 9-1.04 NOTICE OF POTENTIAL CLAIM • It is the intention of this section that disputes between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that the matters may be resolved, if possible, or other appropriate action promptly taken. • Disputes will not be considered unless the Contractor has first complied with specified notice or protest requirements, including Section 4-1.03, "Changes," Section 5-1.116, "Differing Site Conditions," Section 8-1.06, "Time of Completion,"Section 8-1.07, "Liquidated Damages,"and Section 8-1.10, "Utility and Non-Highway Facilities." • For disputes arising under and by virtue of the contract, including an act or failure to act by the Engineer, the Contractor shall provide a signed written initial notice of potential claim to the Engineer within 5 days from the date the dispute first arose. The initial notice of potential claim shall provide the nature and circumstances involved in the dispute which shall remain consistent through the dispute. The initial notice of potential claim shall be submitted on Form CEM-6201A furnished by the Department and shall be certified with reference to the California False Claims Act, Government Code Sections 12650-12655. The Contractor shall assign an exclusive identification number for each dispute, determined by chronological sequencing,based on the date of the dispute. • The exclusive identification number for each dispute shall be used on the following corresponding documents: 1. Initial notice of potential claim 2. Supplemental notice of potential claim 3. Full and final documentation of potential claim 4. Corresponding claim included in the Contractor's written statement of claims • The Contractor shall provide the Engineer the opportunity to examine the site of work within 5 days from the date of the initial notice of potential claim. The Contractor shall proceed with the performance of contract work unless otherwise specified or directed by the Engineer. • Throughout the disputed work, the Contractor shall maintain records that provide a clear distinction between the incurred direct costs of disputed work and that of undisputed work. The Contractor shall allow the Engineer access to the Contractor's project records deemed necessary by the Engineer to evaluate the potential claim within 20 days of the date of the Engineer's written request. • Within 15 days of submitting the initial notice of potential claim,the Contractor shall provide a signed supplemental notice of potential claim to the Engineer that provides the following information: 1. The complete nature and circumstances of the dispute which caused the potential claim 2. The contract provisions that provide the basis of claim 3. The estimated cost of the potential claim,including an itemized breakdown of individual costs and how the estimate was determined 4. A time impact analysis of the project schedule that illustrates the effect on the scheduled completion date due to schedule changes or disruptions where a request for adjustment of contract time is made • The information provided in items 1 and 2 above shall provide the Contractor's complete reasoning for additional compensation or adjustments. • The supplemental notice of potential claim shall be submitted on Form CEM-6201B furnished by the Department and shall be certified with reference to the California False Claims Act, Government Code Sections 12650-12655. The Engineer will evaluate the information presented in the supplemental notice of potential claim and provide a written response to the Contractor within 20 days of its receipt. If the estimated cost or effect on the scheduled completion date changes, the Contractor shall update information in items 3 and 4 above as soon as the change is recognized and submit this information to the Engineer. Within 30 days of the completion of work related to the potential claim, the Contractor shall provide the full and final documentation of potential claim to the Engineer that provides the following information: 1. A detailed factual narration of events fully describing the nature and circumstances that caused the dispute, including,but not limited to,necessary dates,locations,and items of work affected by the dispute 2. The specific provisions of the contract that support the potential claim and a statement of the reasons these provisions support and provide a basis for entitlement of the potential claim Contract No. 10-OM7104 13