Common use of Contractual Disputes Clause in Contracts

Contractual Disputes. Contractual claims, whether for money or for other relief, including any disputes as to change orders or extra work, shall be submitted, in writing, no later than sixty (60) calendar days after final payment or payment designated by the City as a final payment; however, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the City Manager or his/her designee (hereafter City Manager) within thirty (30) calendar days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within one hundred twenty (120) calendar days from submittal of its claim. The decision of the City Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Code of Virginia. Failure of the City to render a decision within said one hundred twenty (120) calendar days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said one hundred twenty (120) calendar days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365, of the Code of Virginia, has been established for contractual claims under this Contract. A. The Virginia Department of Transportation (VDOT) requires that certain forms and documents be included in the ITB and any resultant contract for this Project. Therefore, these items together with any documents or items provided by the City or referred to in any of the documents are intended to be and should be construed to be consistent with each other whenever possible. If a court or agency of competent jurisdiction determines that a conflict should exist between them, and to the extent of any such conflict, the VDOT documents shall take precedence unless any Federal and/or State rules, regulations, terms, and/or provisions shall require otherwise, in which case they will take precedence. Furthermore, each Bidder, as well as the Successful Bidder, shall notify the Director, Department of Public Works, in writing, if any such conflict(s) should arise among the ITB and/or resultant contract documents and identify such conflict(s) to the Director, Department of Public Works. References in any VDOT documents to State, VDOT, Department, and/or Department Engineer or similar terms shall also be deemed to include the City and/or Director, Department of Public Works where applicable and the Successful Bidder hereby acknowledges and agrees that the City can enforce all such items against the Successful Bidder for this Project. Bidders are advised to refer to the other parts of the ITB, especially the Supplemental General Conditions, for further information on the above items. B. Bidders are advised that this ITB and any information or documents provided pursuant to this ITB are subject to the Virginia Freedom of Information Act and the Federal Freedom of Information Act and the Bidder must comply with the provisions of those Acts to protect any documents the Bidder may want protected from disclosure pursuant to the provisions of those Acts. Project: Xxxxxxx Circle / Monterey Road Supplemental Channel Improvements Project General Conditions Section 01000 Special Conditions‌

Contractual Disputes. Contractual claims, whether for money or for other relief, including any disputes as to change orders or extra work, shall be submitted, in writing, no later than sixty (60) calendar days after final payment or payment designated by the City as a final payment; however, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the City Manager or his/her designee (hereafter City Manager) within thirty (30) calendar days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within one hundred twenty (120) calendar days from submittal of its claim. The decision of the City Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Code of Virginia. Failure of the City to render a decision within said one hundred twenty (120) calendar days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said one hundred twenty (120) calendar days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365, of the Code of Virginia, has been established for contractual claims under this Contract. A. The Virginia Department of Transportation (VDOT) requires that certain forms and documents be included in the ITB and any resultant contract for this Project. Therefore, these items together with any documents or items provided by the City or referred to in any of the documents are intended to be and should be construed to be consistent with each other whenever possible. If a court or agency of competent jurisdiction determines that a conflict should exist between them, and to the extent of any such conflict, the VDOT documents shall take precedence unless any Federal and/or State rules, regulations, terms, and/or provisions shall require otherwise, in which case they will take precedence. Furthermore, each Bidder, as well as the Successful Bidder, shall notify the Director, Department of Public WorksDivision Manager, in writing, if any such conflict(s) should arise among the ITB and/or resultant contract documents and identify such conflict(s) to the Director, Department of Public WorksDivision Manager. References in any VDOT documents to State, VDOT, Department, and/or Department Engineer or similar terms shall also be deemed to include the City and/or Director, Department of Public Works Division Manager where applicable and the Successful Bidder hereby acknowledges and agrees that the City can enforce all such items against the Successful Bidder for this Project. Bidders are advised to refer to the other parts of the ITB, especially the Supplemental General Conditions, for further information on the above items. B. Bidders are advised that this ITB and any information or documents provided pursuant to this ITB are subject to the Virginia Freedom of Information Act and the Federal Freedom of Information Act and the Bidder must comply with the provisions of those Acts to protect any documents the Bidder may want protected from disclosure pursuant to the provisions of those Acts. Project: Xxxxxxx Circle / Monterey Xxxxxx Road Supplemental Channel Improvements Project General Conditions Section 01000 Special Conditions‌/Xxxx Avenue Supplemental

Contractual Disputes. Contractual claims, whether for money or for other relief, including any disputes as to change orders or extra work, shall be submitted, in writing, no later than sixty (60) calendar days after final payment or payment designated by the City as a final payment; however, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the City Manager or his/her designee (hereafter City Manager) within thirty (30) calendar days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within one hundred twenty (120) calendar days from submittal of its claim. The decision of the City Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 120-day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Code of Virginia. Failure of the City to render a decision within said one hundred twenty (120) calendar days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said one hundred twenty (120) calendar days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365, of the Code of Virginia, has been established for contractual claims under this Contract. A. The Virginia Department of Transportation (VDOT) requires that certain forms and documents be included in the ITB and any resultant contract for this Project. Therefore, these items together with any documents or items provided by the City or referred to in any of the documents are intended to be and should be construed to be consistent with each other whenever possible. If a court or agency of competent jurisdiction determines that a conflict should exist between them, and to the extent of any such conflict, the VDOT documents shall take precedence unless any Federal and/or State rules, regulations, terms, and/or provisions shall require otherwise, in which case they will take precedence. Furthermore, each Bidder, as well as the Successful Bidder, shall notify the Director, Department of Public Works, in writing, if any such conflict(s) should arise among the ITB and/or resultant contract documents and identify such conflict(s) to the Director, Department of Public Works. References in any VDOT documents to State, VDOT, Department, and/or Department Engineer or similar terms shall also be deemed to include the City and/or Director, Department of Public Works where applicable and the Successful Bidder hereby acknowledges and agrees that the City can enforce all such items against the Successful Bidder for this Project. Bidders are advised to refer to the other parts of the ITB, especially the Supplemental General Conditions, for further information on the above items. B. Bidders are advised that this ITB and any information or documents provided pursuant to this ITB are subject to the Virginia Freedom of Information Act and the Federal Freedom of Information Act and the Bidder must comply with the provisions of those Acts to protect any documents the Bidder may want protected from disclosure pursuant to the provisions of those Acts. Project: Xxxxxxx Circle / Monterey Road Supplemental Channel Improvements Project General Conditions Section 01000 Special Conditions‌

Contractual Disputes. Contractual claims, whether for money or for other relief, including any disputes as to change orders or extra work, shall be submitted, in writing, no later than sixty (60) calendar days after final payment or payment designated by the City as a final payment; however, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the City Manager or his/her designee (hereafter City Manager) within thirty (30) calendar days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within one hundred twenty (120) calendar days from submittal of its claim. The decision of the City Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Code of Virginia. Failure of the City to render a decision within said one hundred twenty (120) calendar days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said one hundred twenty (120) calendar days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365, of the Code of Virginia, has been established for contractual claims under this Contract. A. The Virginia Department of Transportation (VDOT) requires that certain forms and documents be included in the ITB and any resultant contract for this Project. Therefore, these items together with any documents or items provided by the City or referred to in any of the documents are intended to be and should be construed to be consistent with each other whenever possible. If a court or agency of competent jurisdiction determines that a conflict should exist between them, and to the extent of any such conflict, the VDOT documents shall take precedence unless any Federal and/or State rules, regulations, terms, and/or provisions shall require otherwise, in which case they will take precedence. Furthermore, each Bidder, as well as the Successful Bidder, shall notify the Director, Department of Public Works, in writing, if any such conflict(s) should arise among the ITB and/or resultant contract documents and identify such conflict(s) to the Director, Department of Public Works. References in any VDOT documents to State, VDOT, Department, and/or Department Engineer or similar terms shall also be deemed to include the City and/or Director, Department of Public Works where applicable and the Successful Bidder hereby acknowledges and agrees that the City can enforce all such items against the Successful Bidder for this Project. Bidders are advised to refer to the other parts of the ITB, especially the Supplemental General Conditions, for further information on the above items. B. Bidders are advised that this ITB and any information or documents provided pursuant to this ITB are subject to the Virginia Freedom of Information Act and the Federal Freedom of Information Act and the Bidder must comply with the provisions of those Acts to protect any documents the Bidder may want protected from disclosure pursuant to the provisions of those Acts. Project: Xxxxxxx Circle Xxxxxx Xxxxx / Monterey Road Lewiston Supplemental Channel Drainage Improvements Project General Conditions Section 01000 Special Conditions‌

Contractual Disputes. Contractual claims, whether for money or for other relief, including any disputes as to change orders or extra work, shall be submitted, in writing, no later than sixty (60) calendar days after final payment or payment designated by the City as a final payment; however, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the City Manager or his/her designee (hereafter City Manager) within thirty (30) calendar days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within one hundred twenty (120) calendar days from submittal of its claim. The decision of the City Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Code of Virginia. Failure of the City to render a decision within said one hundred twenty (120) calendar days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said one hundred twenty (120) calendar days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365, of the Code of Virginia, has been established for contractual claims under this Contract. A. The Virginia Department of Transportation (VDOT) requires that certain forms and documents be included in the ITB and any resultant contract for this Project. Therefore, these items together with any documents or items provided by the City or referred to in any of the documents are intended to be and should be construed to be consistent with each other whenever possible. If a court or agency of competent jurisdiction determines that a conflict should exist between them, and to the extent of any such conflict, the VDOT documents shall take precedence unless any Federal and/or State rules, regulations, terms, and/or provisions shall require otherwise, in which case they will take precedence. Furthermore, each Bidder, as well as the Successful Bidder, shall notify the Director, Department of Public WorksDivision Manager, in writing, if any such conflict(s) should arise among the ITB and/or resultant contract documents and identify such conflict(s) to the Director, Department of Public WorksDivision Manager. References in any VDOT documents to State, VDOT, Department, and/or Department Engineer or similar terms shall also be deemed to include the City and/or Director, Department of Public Works Division Manager where applicable and the Successful Bidder hereby acknowledges and agrees that the City can enforce all such items against the Successful Bidder for this Project. Bidders are advised to refer to the other parts of the ITB, especially the Supplemental General Conditions, for further information on the above items. B. Bidders are advised that this ITB and any information or documents provided pursuant to this ITB are subject to the Virginia Freedom of Information Act and the Federal Freedom of Information Act and the Bidder must comply with the provisions of those Acts to protect any documents the Bidder may want protected from disclosure pursuant to the provisions of those Acts. Project: Xxxxxxx Circle / Monterey Road Fresno Street/Aspen Street Stormwater Supplemental Channel Drainage Improvements Project General Conditions Section 01000 Special Conditions‌Conditions

Contractual Disputes. Contractual claims, whether for money or for other relief, including any disputes as to change orders or extra work, shall be submitted, in writing, no later than sixty (60) calendar days after final payment or payment designated by the City as a final payment; however, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the City Manager or his/her designee (hereafter City Manager) within thirty (30) calendar days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within one hundred twenty (120) calendar days from submittal of its claim. The decision of the City Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Code of Virginia. Failure of the City to render a decision within said one hundred twenty (120) calendar days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said one hundred twenty (120) calendar days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365, of the Code of Virginia, has been established for contractual claims under this Contract. A. The Virginia Department of Transportation (VDOT) requires that certain forms and documents be included in the ITB and any resultant contract for this Project. Therefore, these items together with any documents or items provided by the City or referred to in any of the documents are intended to be and should be construed to be consistent with each other whenever possible. If a court or agency of competent jurisdiction determines that a conflict should exist between them, and to the extent of any such conflict, the VDOT documents shall take precedence unless any Federal and/or State rules, regulations, terms, and/or provisions shall require otherwise, in which case they will take precedence. Furthermore, each Bidder, as well as the Successful Bidder, shall notify the Director, Department of Public WorksDivision Manager, in writing, if any such conflict(s) should arise among the ITB and/or resultant contract documents and identify such conflict(s) to the Director, Department of Public WorksDivision Manager. References in any VDOT documents to State, VDOT, Department, and/or Department Engineer or similar terms shall also be deemed to include the City and/or Director, Department of Public Works Division Manager where applicable and the Successful Bidder hereby acknowledges and agrees that the City can enforce all such items against the Successful Bidder for this Project. Bidders are advised to refer to the other parts of the ITB, especially the Supplemental General Conditions, for further information on the above items. B. Bidders are advised that this ITB and any information or documents provided pursuant to this ITB are subject to the Virginia Freedom of Information Act and the Federal Freedom of Information Act and the Bidder must comply with the provisions of those Acts to protect any documents the Bidder may want protected from disclosure pursuant to the provisions of those Acts. Project: Xxxxxxx Circle / Monterey Road Supplemental Channel Improvements Project General Conditions Section 01000 Special Conditions‌Division 1‌

Contractual Disputes. Contractual claims, whether for money or for other relief, including any disputes as to change orders or extra work, shall be submitted, in writing, no later than sixty (60) calendar days after final payment or payment designated by the City as a final payment; however, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the City Manager or his/her designee (hereafter City Manager) within thirty (30) calendar days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within one hundred twenty (120) calendar days from submittal of its claim. The decision of the City Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Code of Virginia. Failure of the City to render a decision within said one hundred twenty (120) calendar days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said one hundred twenty (120) calendar days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365, of the Code of Virginia, has been established for contractual claims under this Contract. A. The Virginia Department of Transportation (VDOT) requires that certain forms and documents be included in the ITB and any resultant contract for this Project. Therefore, these items together with any documents or items provided by the City or referred to in any of the documents are intended to be and should be construed to be consistent with each other whenever possible. If a court or agency of competent jurisdiction determines that a conflict should exist between them, and to the extent of any such conflict, the VDOT documents shall take precedence unless any Federal and/or State rules, regulations, terms, and/or provisions shall require otherwise, in which case they will take precedence. Furthermore, each Bidder, as well as the Successful Bidder, shall notify the Director, Department of Public Works, in writing, if any such conflict(s) should arise among the ITB and/or resultant contract documents and identify such conflict(s) to the Director, Department of Public Works. References in any VDOT documents to State, VDOT, Department, and/or Department Engineer or similar terms shall also be deemed to include the City and/or Director, Department of Public Works where applicable and the Successful Bidder hereby acknowledges and agrees that the City can enforce all such items against the Successful Bidder for this Project. Bidders are advised to refer to the other parts of the ITB, especially the Supplemental General Conditions, for further information on the above items. B. Bidders are advised that this ITB and any information or documents provided pursuant to this ITB are subject to the Virginia Freedom of Information Act and the Federal Freedom of Information Act and the Bidder must comply with the provisions of those Acts to protect any documents the Bidder may want protected from disclosure pursuant to the provisions of those Acts. Project: Xxxxxxx Circle Wyoming / Monterey Road Westside Boulevard Supplemental Channel Improvements Project General Conditions Section 01000 Special Conditions‌

Contractual Disputes. Contractual claims, whether for money or for other relief, including any disputes as to change orders or extra work, shall be submitted, in writing, no later than sixty (60) calendar days after final payment or payment designated by the City as a final payment; however, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the City Manager or his/her designee (hereafter City Manager) within thirty (30) calendar days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within one hundred twenty (120) calendar days from submittal of its claim. The decision of the City Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Code of Virginia. Failure of the City to render a decision within said one hundred twenty (120) calendar days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said one hundred twenty (120) calendar days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365, of the Code of Virginia, has been established for contractual claims under this Contract. A. The Virginia Department of Transportation (VDOT) requires that certain forms and documents be included in the ITB and any resultant contract for this Project. Therefore, these items together with any documents or items provided by the City or referred to in any of the documents are intended to be and should be construed to be consistent with each other whenever possible. If a court or agency of competent jurisdiction determines that a conflict should exist between them, and to the extent of any such conflict, the VDOT documents shall take precedence unless any Federal and/or State rules, regulations, terms, and/or provisions shall require otherwise, in which case they will take precedence. Furthermore, each Bidder, as well as the Successful Bidder, shall notify the Director, Department of Public WorksDivision Manager, in writing, if any such conflict(s) should arise among the ITB and/or resultant contract documents and identify such conflict(s) to the Director, Department of Public WorksDivision Manager. References in any VDOT documents to State, VDOT, Department, and/or Department Engineer or similar terms shall also be deemed to include the City and/or Director, Department of Public Works Division Manager where applicable and the Successful Bidder hereby acknowledges and agrees that the City can enforce all such items against the Successful Bidder for this Project. Bidders are advised to refer to the other parts of the ITB, especially the Supplemental General Conditions, for further information on the above items. B. Bidders are advised that this ITB and any information or documents provided pursuant to this ITB are subject to the Virginia Freedom of Information Act and the Federal Freedom of Information Act and the Bidder must comply with the provisions of those Acts to protect any documents the Bidder may want protected from disclosure pursuant to the provisions of those Acts. Project: Xxxxxxx Circle / Monterey Road Supplemental Channel Improvements Project General Conditions Section 01000 Special Conditions‌.

Contractual Disputes. Contractual claims, whether for money or for other relief, including any disputes as to change orders or extra work, shall be submitted, in writing, no later than sixty (60) calendar days after final payment or payment designated by the City as a final payment; however, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the City Manager or his/her designee (hereafter City Manager) within thirty (30) calendar days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within one hundred twenty (120) calendar days from submittal of its claim. The decision of the City Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Code of Virginia. Failure of the City to render a decision within said one hundred twenty (120) calendar days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said one hundred twenty (120) calendar days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365, of the Code of Virginia, has been established for contractual claims under this Contract. A. The Virginia Department of Transportation (VDOT) requires that certain forms and documents be included in the ITB and any resultant contract for this Project. Therefore, these items together with any documents or items provided by the City or referred to in any of the documents are intended to be and should be construed to be consistent with each other whenever possible. If a court or agency of competent jurisdiction determines that a conflict should exist between them, and to the extent of any such conflict, the VDOT documents shall take precedence unless any Federal and/or State rules, regulations, terms, and/or provisions shall require otherwise, in which case they will take precedence. Furthermore, each Bidder, as well as the Successful Bidder, shall notify the Director, Department of Public WorksDivision Manager, in writing, if any such conflict(s) should arise among the ITB and/or resultant contract documents and identify such conflict(s) to the Director, Department of Public WorksDivision Manager. References in any VDOT documents to State, VDOT, Department, and/or Department Engineer or similar terms shall also be deemed to include the City and/or Director, Department of Public Works Division Manager where applicable and the Successful Bidder hereby acknowledges and agrees that the City can enforce all such items against the Successful Bidder for this Project. Bidders are advised to refer to the other parts of the ITB, especially the Supplemental General Conditions, for further information on the above items. B. Bidders are advised that this ITB and any information or documents provided pursuant to this ITB are subject to the Virginia Freedom of Information Act and the Federal Freedom of Information Act and the Bidder must comply with the provisions of those Acts to protect any documents the Bidder may want protected from disclosure pursuant to the provisions of those Acts. Project: Xxxxxxx Circle Hartland / Monterey Inglewood Road Supplemental Channel Improvements Project General Conditions Section 01000 Special Conditions‌

Contractual Disputes. Contractual claims, whether for money or for other relief, including any disputes as to change orders or extra work, shall be submitted, in writing, no later than sixty (60) calendar days after final payment or payment designated by the City as a final payment; however, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the City Manager or his/her designee (hereafter City Manager) within thirty (30) calendar days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within one hundred twenty (120) calendar days from submittal of its claim. The decision of the City Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Code of Virginia. Failure of the City to render a decision within said one hundred twenty (120) calendar days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said one hundred twenty (120) calendar days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365, of the Code of Virginia, has been established for contractual claims under this Contract. A. The Virginia Department of Transportation (VDOT) requires that certain forms and documents be included in the ITB and any resultant contract for this Project. Therefore, these items together with any documents or items provided by the City or referred to in any of the documents are intended to be and should be construed to be consistent with each other whenever possible. If a court or agency of competent jurisdiction determines that a conflict should exist between them, and to the extent of any such conflict, the VDOT documents shall take precedence unless any Federal and/or State rules, regulations, terms, and/or provisions shall require otherwise, in which case they will take precedence. Furthermore, each Bidder, as well as the Successful Bidder, shall notify the Director, Department of Public WorksDivision Manager, in writing, if any such conflict(s) should arise among the ITB and/or resultant contract documents and identify such conflict(s) to the Director, Department of Public WorksDivision Manager. References in any VDOT documents to State, VDOT, Department, and/or Department Engineer or similar terms shall also be deemed to include the City and/or Director, Department of Public Works Division Manager where applicable and the Successful Bidder hereby acknowledges and agrees that the City can enforce all such items against the Successful Bidder for this Project. Bidders are advised to refer to the other parts of the ITB, especially the Supplemental General Conditions, for further information on the above items. B. Bidders are advised that this ITB and any information or documents provided pursuant to this ITB are subject to the Virginia Freedom of Information Act and the Federal Freedom of Information Act and the Bidder must comply with the provisions of those Acts to protect any documents the Bidder may want protected from disclosure pursuant to the provisions of those Acts. Project: Xxxxxxx Circle / Monterey Road Supplemental Channel Improvements Project General Conditions Section 01000 Special Conditions‌