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CITY OF EVERETT SPECIAL PROVISIONS <br /> 1-09.11(3) Time Limitation and Jurisdiction <br /> (******) <br /> The parties intend that all claims and Disputes be dealt with promptly and expeditiously when <br /> they arise. The parties intend that all claims and Disputes be resolved quickly and expeditiously <br /> and desire to avoid claims and Disputes that relate back to events or Work occurring months <br /> before. The parties desire to avoid litigation and the costs and expense of claims and Disputes at <br /> the end of the Project. <br /> Any Contract Claim for adjustment of Contract Sum or Contract Time, or any Dispute or Contract <br /> Claim of any kind whatsoever, shall be submitted, if at all, to the City or City's Representative no <br /> later than 30 calendar days after Notice was first required to be given by the Contractor as <br /> provided in 1-04.5 NOTICE BY THE CONTRACTOR. Failure to submit a Contract Claim within <br /> the 30 calendar days of the date Notice was required pursuant to 1-04.5 NOTICE BY THE <br /> CONTRACTOR constitutes a complete waiver of and bar to the Contract Claim, and Contractor <br /> is estopped from later asserting a Contract Claim or seeking any relief or remedy relating to the <br /> Dispute for which it failed to submit a Claim. <br /> Contractor may not sue, cross-claim, claim, or bring any action of any kind whatsoever against <br /> the City on any Contract Claim or Dispute after the expiration of 180 calendar days from Physical <br /> Completion. <br /> Supplement Section 1-09 by adding the following: ' <br /> 1-09.11 A Remedies <br /> 1-09.11A(1) General ' <br /> If a Contract Claim has merit in whole or in part, then Contractor's sole remedies shall be those <br /> provided in this subsection. Contractor shall timely and strictly comply with the requirements of <br /> 1-04.5 NOTICE BY THE CONTRACTOR and 1-09.11(2) CONTRACT CLAIMS and all other <br /> Contract Documents relating to the Contract Claim. Adjustments to Contract Time shall be <br /> determined pursuant to 1-08.3 PROGRESS SCHEDULE and 1-08.8 EXTENSIONS OF TIME. <br /> Failure to comply strictly and timely shall be deemed a waiver of the Contract Claim. ' <br /> 1-09.11 A(2) Extra Work <br /> 1-09.11A(2)A Adjustment of Contract Sum <br /> If the Contractor is entitled to an adjustment of Contract Sum because of Extra Work, the <br /> adjustment shall be calculated and paid as provided in 1-09.4 EQUITABLE ADJUSTMENT. <br /> This amount includes jobsite and home office Overheads for such Work, including any <br /> schedule delays relating to such Work. Therefore, no compensation in addition to that <br /> provided in 1-09.6 FORCE ACCOUNT shall be paid for such thing as Extended Overhead or <br /> other costs or damages. <br /> 1-09.11A(2)B Extension of Contract Time ' <br /> Extensions of Contract Time caused by Extra Work shall be determined as provided in 1- <br /> 08.3 PROGRESS SCHEDULE and 1-08.8 EXTENSIONS OF TIME. <br /> 1-09.11A(3) Delays ' <br /> 1-09.11A(3)A City Caused Delay Unrelated to Extra Work <br /> 1-09.11A(3)A1 Adjustment of Contract Sum 111 <br /> If the Contractor is entitled to an adjustment of Contract Sum because of a Delay solely <br /> caused by the City that does not relate to Extra Work, Contractor shall only be <br /> compensated for the items below, less all funds paid pursuant to any change in the <br /> Contract Sum that contributed to the Delay: <br /> SEI to SRI Intertie,SRO8 Rehab Division 1 —GENERAL REQUIREMENTS WO No.—UP3714 <br /> SP—114 <br />