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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-90 <br />1-09.11(2) Contract Claims <br />(*****) <br />1-09.11(2)A General <br />If the Contractor requests or believes for any reason that it is entitled to adjustment <br />of Contract Sum or Contract Time, or if the Contractor has a Dispute with the City <br />and wants the City to take some action, or refrain from taking action, the Contractor <br />shall file a Contract Claim as provided in this section. A timely and complete Contract <br />Claim is a condition precedent to any entitlement by the Contractor to an adjustment <br />of Contract Sum or Contract Time. No Contract Claim shall be allowed unless the <br />Contractor has given Notice as required under the Contract Documents. The <br />Contractor waives any Contract Claim if: (a) Notice was not timely given; (b) the <br />City's Representative is not afforded reasonable access by the Contractor to <br />complete records, including, but not limited to, correspondence, job diaries, and <br />actual cost and additional time incurred; (c) a Contract Claim is not timely filed as <br />required by the Contract Documents; or (d) adequate, accurate, contemporaneous <br />and segregated supporting time and expense records are not kept and maintained. <br />The fact that the Contractor provided proper and timely Notice, provided a properly <br />filed Contract Claim, or provided the City’s Representative access to records of <br />actual cost, shall not in any way be construed as proving or substantiating the validity <br />of the Contract Claim. If the City determines the Contract Claim has merit in whole or <br />in part, the City’s Representative will make an adjustment of Contract Sum or <br />Contract Time required for the Work, or both. If the City’s Representative finds the <br />Contract Claim to be without merit, no adjustment will be made. <br />The Contractor shall keep full, complete, accurate and contemporaneous records of <br />the costs and additional time incurred for any Contract Claim. The Contractor shall <br />permit the City's Representative to have access to those records and any other <br />records as may be required by the City's Representative to determine the facts or <br />contentions involved in the Contract Claim. City is not obligated to respond to a <br />Contract Claim unless the Contractor is in full compliance with all the provisions of <br />the Contract Documents and the formal Contract Claim document has been <br />submitted <br />Full compliance by the Contractor with the provisions of this section is a contractual <br />condition precedent to the Contractor’s right to sue or seek any recovery against the <br />City in any legal proceeding. <br />1-09.11(2)B Contents <br />All Contract Claims filed by the Contractor shall be in writing, verified under penalty <br />of perjury by an officer or principal of the Contractor, and in sufficient detail to enable <br />the City’s Representative to ascertain the basis and amount of the Contract Claim. <br />All Contract Claims shall be submitted to the City's Representative. At a minimum, <br />each Contract Claim shall include: <br />1. A detailed factual statement of the Contract Claim for an adjustment to the <br />Contract Sum or Contract Time, if any, providing all necessary dates, <br />locations, and items of Work affected by the Contract Claim. <br />2. The dates of all facts related to the Contract Claim. <br />3. The name of each City’s individual, official, or employee involved in or <br />knowledgeable about the Contract Claim. <br />4. The specific provisions of the Contract that support the Contract Claim and a <br />statement of the reasons why such provisions support the Contract Claim.