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CITY OF EVERETT SPECIAL PROVISIONS <br /> Contract Claim and all actual costs incurred and time sought, and is <br /> fully documented and supported under the Contract between the <br /> parties. <br /> Date /s/ <br /> Subscribed and sworn before me this day of <br /> Notary Public <br /> My Commission Expires: <br /> 1-09.11(2)C False Or Omitted Information <br /> The Contractor waives each Contract Claim for which it presents material <br /> information that it knows, or in the exercise of reasonable care should know, is false, <br /> or omits or fails to disclose material information relating to such Contract Claim. In <br /> such case, Contractor shall reimburse the City for any and all fees and expenses <br /> incurred in investigating any such Contract Claim. <br /> 1-09.11(3) Time Limitation and Jurisdiction <br /> The parties intend that all claims and Disputes be dealt with promptly and expeditiously <br /> when they arise. The parties intend that all claims and Disputes be resolved quickly and <br /> expeditiously and desire to avoid claims and Disputes that relate back to events or Work <br /> occurring months before.The parties desire to avoid litigation and the costs and expense <br /> of claims and Disputes at the end of the Project. <br /> Any Contract Claim for adjustment of Contract Sum or Contract Time, or any Dispute or <br /> Contract Claim of any kind whatsoever, shall be submitted, if at all, to the City or City's <br /> Representative no later than 30 calendar days after Notice was first required to be given <br /> by the Contractor as provided in 1-04.5 NOTICE BY THE CONTRACTOR. Failure to <br /> submit a Contract Claim within the 30 calendar days of the date Notice was required <br /> pursuant to 1-04.5 NOTICE BY THE CONTRACTOR constitutes a complete waiver of <br /> and bar to the Contract Claim, and Contractor is estopped from later asserting a Contract <br /> Claim or seeking any relief or remedy relating to the Dispute for which it failed to submit <br /> a Claim. <br /> Contractor may not sue, cross-claim, claim, or bring any action of any kind whatsoever <br /> against the City on any Contract Claim or Dispute after the expiration of 180 calendar <br /> days from Physical Completion. <br /> Supplement Section 1-09 by adding the following: <br /> 1-09.11A Remedies <br /> (******) <br /> 1-09.11A(1) General t <br /> If a Contract Claim has merit in whole or in part, then Contractor's sole remedies shall <br /> be those provided in this subsection. Contractor shall timely and strictly comply with the <br /> requirements of 1-04.5 NOTICE BY THE CONTRACTOR and 1-09.11(2) CONTRACT <br /> CLAIMS and all other Contract Documents relating to the Contract Claim. Adjustments <br /> to Contract Time shall be determined pursuant to 1-08.3 PROGRESS SCHEDULE and <br /> 1-08.8 EXTENSIONS OF TIME. Failure to comply strictly and timely shall be deemed <br /> a waiver of the Contract Claim. <br /> 1-09.11A(2) Extra Work <br /> 1-09.11A(2)A Adjustment of Contract Sum 1 <br /> If the Contractor is entitled to an adjustment of Contract Sum because of Extra <br /> Work, the adjustment shall be calculated and paid as provided in 1-09.4 <br /> Watermain Replacement"U" Division 1 —GENERAL REQUIREMENTS October 1, 2019 <br /> WO No—UP3698 SP—118 i <br />