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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> false, or omits or fails to disclose material information relating to such Contract <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 111 <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 /> 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 I <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 /> Water Main Replacement"S" Division 1 —GENERAL REQUIREMENTS January 29, 2018 <br /> WO No—UP3664 SP—116 <br /> I <br />