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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-92 <br />(name) (title) <br />of ______________________________________________________ <br />(company) <br />hereby certifies that the Contract Claim for an adjustment of the Contract <br />Sum and/or Contract Time, if any, made herein for Work on this Contract <br />is a true and complete statement of the factual basis of the Contract <br />Claim and all actual costs incurred and time sought, and is fully <br />documented and supported under the Contract between the 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 information <br />that it knows, or in the exercise of reasonable care should know, is false, or omits or <br />fails to disclose material information relating to such Contract Claim. In such case, <br />Contractor shall reimburse the City for any and all fees and expenses incurred in <br />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 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 <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 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 <br />Contract Claim or seeking any relief or remedy relating to the Dispute for which it failed <br />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 with <br />the COVID-19 Requirements.