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1 <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> I <br /> 1-09.11(3) Time Limitation and Jurisdiction <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 thirty (30) calendar days after Notice was first <br /> I required to be given by the Contractor as provided in 1-04.5 NOTICE BY THE <br /> CONTRACTOR. Failure to submit a Contract Claim within the thirty (30) calendar <br /> days of the date Notice was required pursuant to 1-04.5 NOTICE BY THE <br /> CONTRACTOR constitutes a complete waiver of and bar to the Contract Claim, and <br /> Contractor is estopped from later asserting a Contract Claim or seeking any relief or <br /> remedy relating to the Dispute for 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 one hundred <br /> eighty (180) calendar days from Physical Completion. <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. <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 <br /> ACCOUNT shall be paid for such thing as Extended Overhead or other costs or <br /> damages. <br /> 1-09.11A(2)B Extension of Contract Time <br /> Extensions of Contract Time caused by Extra Work shall be determined as <br /> provided in 1-08.3 PROGRESS SCHEDULE and 1-08.8 EXTENSIONS OF TIME. <br /> I <br /> Sewer Regulators R4 and Division 1 —GENERAL REQUIREMENTS May 2017 <br /> R39 Modifications <br /> WO No—UP3633 SP-121 <br />