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CITY OF EVERETT SPECIAL PROVISIONS <br /> assume full responsibility to pay all costs that may accrue from escrow services, <br /> brokerage charges or both, and further agrees to assume all risks in connection with the <br /> investment of the retained percentages in securities. <br /> Retainage will be released when all of the following conditions are satisfied: <br /> 1. Sixty days have elapsed following the completion of all Work specified in the <br /> Contract; and <br /> 2. The Contractor fulfilled all of all obligations of the Contractor under the <br /> Contract, including, but not limited to, the Contractor's furnishing all <br /> documentation required by Contract and law; and <br /> 3. A release has been obtained from the Washington State Department of <br /> Revenue; and <br /> 1 4. Affidavits of Wages Paid for the Contractor and all Subcontractors are on file <br /> with the City (RCW 39.12.040); and <br /> 5. A release has been obtained from the Washington State Department of Labor <br /> & Industries and the Washington State Employment Security Department; <br /> and <br /> 6. All claims, as provided by law, filed against the retainage have been resolved. <br /> In the event claims are filed and provided the conditions one through five are <br /> met, the Contractor will be paid the retained percentage less an amount <br /> sufficient to pay any such claims together with a sum determined by the City <br /> sufficient to pay the cost of claims and attorney's fees. <br /> 1-09.11 Disputes and Claims <br /> Delete 1-09.11 and substitute the following: <br /> 1-09.11(1) Disputes <br /> When a Dispute occurs during the Contract, the Contractor shall pursue resolution <br /> through the Citys Representative. The Contractor shall follow the procedure outlined in <br /> section 1-09.11(2) CONTRACT CLAIMS herein and 1-08.3 PROGRESS SCHEDULE <br /> and 1-08.8 EXTENSIONS OF TIME for issues regarding the schedule and Contract <br /> Time. Timely and adequate Notice is a condition precedent to a Contract Claim. Timely <br /> and complete submission of a Contract Claim is a condition precedent to any entitlement <br /> by the Contractor to an adjustment of Contract Sum or Contract Time. Unless waived in <br /> writing by the City, mediation is a condition precedent to the filing of any lawsuit, action <br /> or proceeding that seeks to recover on a Contract Claim, whether in whole or in part. <br /> The costs of any such mediation will be borne equally by the parties. Unless otherwise <br /> agreed by the parties, the mediation shall take place in Everett, Washington. <br /> 1-09.11(2) Contract Claims <br /> (******) <br /> ' 1-09.11(2)A General <br /> If the Contractor requests or believes for any reason that additional compensation <br /> or an extension of Contract Time is due it, including, but not limited to, breach of <br /> Contract or request for adjustment of Contract Sum or Contract Time, or if the <br /> Contractor has a Dispute with the City and wants the City to take some action, or <br /> refrain from taking action, the Contractor shall file a Contract Claim as provided in <br /> ' this section. A timely and complete Contract Claim is a condition precedent to any <br /> entitlement by the Contractor to an adjustment of Contract Sum or Contract Time. <br /> No Contract Claim shall be allowed unless the Contractor has given Notice. The <br /> Contractor waives any Contract Claim if: (a) Notice was not timely given; (b) the <br /> Watermain Replacement"U" Division 1 —GENERAL REQUIREMENTS October 1, 2019 <br /> WO No—UP3698 SP—115 <br />