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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 <br />Work Order No. UP 3814 SP-133 <br />Claim. In such case, Contractor shall reimburse the City for any and all fees and <br />expenses incurred in investigating any such Contract Claim. <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 <br />when they arise. The parties intend that all claims and Disputes be resolved quickly <br />and expeditiously and desire to avoid claims and Disputes that relate back to events or <br />Work occurring months before. The parties desire to avoid litigation and the costs and <br />expense 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 <br />or Contract Claim of any kind whatsoever, shall be submitted, if at all, to the City or <br />City’s Representative no later than 30 calendar days after Notice was first required to <br />be given by the Contractor as provided in 1-04.5 NOTICE BY THE CONTRACTOR. <br />Failure to submit a Contract Claim within the 30 calendar days of the date Notice was <br />required pursuant to 1-04.5 NOTICE BY THE CONTRACTOR constitutes a complete <br />waiver of and bar to the Contract Claim, and Contractor is estopped from later <br />asserting a Contract Claim or seeking any relief or remedy relating to the Dispute for <br />which it failed to submit 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 />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 <br />the requirements of 1-04.5 NOTICE BY THE CONTRACTOR and 1-09.11(2) <br />CONTRACT CLAIMS and all other Contract Documents relating to the Contract Claim. <br />Adjustments to Contract Time shall be determined pursuant to 1-08.3 PROGRESS <br />SCHEDULE and 1-08.8 EXTENSIONS OF TIME. Failure to comply strictly and timely <br />shall be deemed a waiver of the Contract Claim.