Allied Construction Associates Inc. 4/23/2021

I CITY OF EVERETT SPECIAL PROVISIONS ' 1. Sixty days have elapsed following the completion of all Work specified in the Contract; and 2. The Contractor fulfilled all of all obligations of the Contractor under the Contract, including, but not limited to, the Contractor's furnishing all documentation required by Contract and law; and I 3. A release has been obtained from the Washington State Department of Revenue; and 4. Affidavits of Wages Paid for the Contractor and all Subcontractors are on file with the City (RCW 39.12.040); and I 5. A release has been obtained from the Washington State Department of Labor& Industries and the Washington State Employment Security Department; and 6. All claims, as provided by law, filed against the retainage have been resolved. In the I event claims are filed and provided the conditions one through five are met, the Contractor will be paid the retained percentage less an amount sufficient to pay any such claims together with a sum determined by the City sufficient to pay the cost of I claims and attorney's fees. 7. All other conditions required by law are satisfied. 1-09.11 Disputes and Claims Delete 1-09.11 and substitute the following: 1-09.11(1) Disputes I When a Dispute occurs during the Contract, the Contractor shall pursue resolution through the City's Representative. The Contractor shall follow the procedure outlined in section 1-09.11(2) CONTRACT CLAIMS herein and 1-08.3 PROGRESS SCHEDULE and 1-08.8 EXTENSIONS OF I TIME for issues regarding the schedule and Contract Time. Timely and adequate Notice is a condition precedent to a Contract Claim. Timely and complete submission of a Contract Claim is a condition precedent to any entitlement by the Contractor to an adjustment of Contract Sum or I Contract Time. Unless waived in writing by the City, mediation is a condition precedent to the filing of any lawsuit, action or proceeding that seeks to recover on a Contract Claim, whether in whole or in part. The costs of any such mediation will be borne equally by the parties. Unless otherwise agreed by the parties, the mediation shall take place in Everett, Washington. I1-09.11(2) Contract Claims (******) I 1-09.11(2)A General If the Contractor requests or believes for any reason that additional compensation or an extension of Contract Time is due it, including, but not limited to, breach of Contract or request for adjustment of Contract Sum or Contract Time, or if the Contractor has a Dispute Iwith the City and wants the City to take some action, or refrain from taking action, the Contractor shall file a Contract Claim as provided in this section. A timely and complete Contract Claim is a condition precedent to any entitlement by the Contractor to an adjustment I of Contract Sum or Contract Time. No Contract Claim shall be allowed unless the Contractor has given Notice. The Contractor waives any Contract Claim if: (a) Notice was not timely given; (b) the City's Representative is not afforded reasonable access by the Contractor to I complete records, including, but not limited to, correspondence, job diaries, and actual cost and additional time incurred; (c) a Contract Claim is not timely filed as required by the Contract Documents; or (d) adequate, accurate, contemporaneous and segregated supporting time and expense records are not kept and maintained. The fact that the IContractor provided proper and timely Notice, provided a properly filed Contract Claim, or provided the City's Representative access to records of actual cost, shall not in any way be construed as proving or substantiating the validity of the Contract Claim. If the City I SEI to SRI Intertie,SRO$ Rehab Division 1 -GENERAL REQUIREMENTS WO No.-UP3714 SP-111 I