Laserfiche WebLink
CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 136 <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 />1-09.11(4) COVID-19 Contract Claims: Baseline COVID-19 Requirements <br />(******) <br />Contractor shall in no event be entitled to assert a Contract Claim for increase to the <br />Contract Sum for any direct or indirect costs (including without limitation Delay, <br />cumulative impact, inefficiency or ripple costs) incurred by the Contractor to comply <br />with the COVID-19 Requirements. <br />The Contractor shall be entitled to an extension of Contract Time for Delays to the <br />extent caused by COVID-19 Requirements. Extension of Contract Time shall be <br />determined pursuant to 1-08.8 EXTENSIONS OF TIME. This Contract Time extension <br />is the Contractor’s sole remedy if the Contract Time in the Contract Documents is <br />insufficient to complete the Work because of Baseline COVID-19 Requirements. <br />All other Contract Claims regarding COVID-19 are governed by Section 1-09.11A(3)D1 <br />CAUSED SOLELY BY THIRD PARTIES OR FORCE MAJEURE, including 4 without <br />limitation Contract Claims relating to unavailable or delayed labor, materials, <br />equipment or subcontractors to the extent caused by COVID-19. <br /> <br />Supplement Section 1-09 by adding the following: <br />1-09.11A Remedies <br />(******) <br />1-09.11A(1) General <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 <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 />EQUITABLE ADJUSTMENT. This amount includes jobsite and home office <br />Overheads for such Work, including any schedule delays relating to such Work. <br />Therefore, no compensation in addition to that provided in 1-09.6 FORCE