R L Alia Company 5/4/2017 - Laserfiche WebLink

1-09.11(2)C False or Omitted Information ' The Contractor waives each Contract Claim for which it presents material information that it knows, or in the exercise of reasonable care should know, is false, or omits or fails to disclose material information relating to such Contract Claim. In such case, Contractor shall reimburse the City for any and all fees and expenses incurred in investigating any such Contract Claim. 1-09.11(3) Time Limitation and Jurisdiction ' (******) The parties intend that all claims and Disputes be dealt with promptly and expeditiously when they arise. The parties intend that all claims and Disputes be resolved quickly and expeditiously and desire to avoid claims and Disputes that relate back to events or Work occurring months before.The parties desire to avoid litigation and the costs and expense of claims and Disputes at the end of the Project. Any Contract Claim for adjustment of Contract Sum or Contract Time, or any Dispute or Contract Claim of any kind whatsoever, shall be submitted, if at all, to the City or City's Representative no later than thirty(30)calendar days after Notice was first required to be given by the Contractor as provided in 1-04.5 NOTICE BY THE CONTRACTOR.Failure to submit a ' Contract Claim within the thirty(30)calendar days of the date Notice was required pursuant to 1-04.5 NOTICE BY THE CONTRACTOR constitutes a complete waiver of and bar to the Contract Claim, and Contractor is estopped from later asserting a Contract Claim or seeking ' any relief or remedy relating to the Dispute for which it failed to submit a Claim. Contractor may not sue, cross-claim, claim, or bring any action of any kind whatsoever against the City on any Contract Claim or Dispute after the expiration of one hundred eighty (180) calendar days from Physical Completion. Supplement Section 1-09 by adding the following: 1-09.11A Remedies ' (******) 1-09.11A(1) General If a Contract Claim has merit in whole or in part,then Contractor's sole remedies shall be those provided in this subsection. Contractor shall timely and strictly comply with the requirements of 1-04.5 NOTICE BY THE CONTRACTOR and 1-09.11(2) CONTRACT CLAIMS and all other Contract Documents relating to the Contract Claim. Adjustments to Contract Time shall be determined pursuant to 1-08.3 PROGRESS SCHEDULE and 1-08.8 EXTENSIONS OF TIME. Failure to comply strictly and timely shall be deemed a waiver of the Contract Claim. 1-09.11A(2) Extra Work 1-09.11A(2)A Adjustment of Contract Sum If the Contractor is entitled to an adjustment of Contract Sum because of Extra Work,the adjustment shall be calculated and paid as provided in 1-09.4 EQUITABLE ADJUSTMENT. This amount includes jobsite and home office Overheads for such Work, including any schedule delays relating to such Work. Therefore, no compensation in addition to that provided in 1-09.6 FORCE ACCOUNT shall be paid for such thing as ' Extended Overhead or other costs or damages. 1-09.11A(2)B Extension of Contract Time Extensions of Contract Time caused by Extra Work shall be determined as provided in 1- 08.3 PROGRESS SCHEDULE and 1-08.8 EXTENSIONS OF TIME. HAYES STREET REGULATOR February, 2017 AND CSO CONTROLS (SRO1, SRO2,AND SRO3) WO No—UP3398-31 SP- 126