American Process Group Inc 4/15/2020

City of Everett 00 7200 - 48 1 2020 Biosolids Removal UT3705-11 14. TIME LIMITATIONS 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,must be submitted, if at all,to the Owner or Owner's Representative no later than thirty(30)days after Notice was first required to be given by the Contractor as provided in ARTICLE 10.NOTICE TO OWNER. Failure to submit a Contract Claim within the thirty(30)days of the date Notice was required pursuant to ARTICLE 10.NOTICE TO OWNER 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 Owner on any Contract Claim or Dispute after the expiration of one hundred eighty(180)days from Physical Completion. Any alleged cause of action by Owner or Contractor as to any acts or failures to act occurring prior to Substantial Completion shall be deemed to have accrued in any and all events not later than such date of Substantial Completion. 15. LIABILITY AND INSURANCE 1 15.1 GENERAL Contractor bears all risk of loss,casualty or damage to installed Work prior to Final Acceptance, irrespective of whether the Owner has taken possession of the Project in whole or in part and notwithstanding the existence or availability of insurance or the insurance coverages required by the Contract Documents. 1 15.2 BONDS 15.2.1 Payment and Performance Bonds ' The Contractor shall provide a payment and a performance bond,each in the amount of 100 percent of the Contract Sum in the form required by the Contract. This bond shall serve as security for the faithful performance of the Work and as security for the faithful payment and satisfaction of the persons furnishing materials and performing labor on the Work. The bond shall be issued by a corporation duly and legally licensed to transact surety business in the State of Washington. Such bond shall remain in force throughout the period required to complete the Work,and thereafter for a period of three hundred ' sixty-five(365)calendar days after Final Acceptance. The bond must be executed by a duly licensed surety company,which is listed in the latest Circular 570 of the United States Treasury Department, as being acceptable as surety on federal bonds. No surety's liability on the bond shall exceed the underwriting limitations for the respective surety specified in Circular 570. The scope of the bond or the form thereof prescribed in these Contract Documents shall in no way affect or alter the liabilities of the Contractor to the Owner as set forth herein. 15.2.2 Maintenance Bond The Contractor shall,prior to the release of Final Payment,furnish separate Maintenance(or Guarantee) Bonds in form acceptable to the Owner written by the same corporate surety that provides the Payment and Performance Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one(1)year after Final Payment and shall be written in an amount equal to one hundred percent(100%)of the Contract Sum, as adjusted(if at all). 00 7200 - 48 GENERAL CONDITIONS t