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CITY OF EVERETT SPECIAL PROVISIONS Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 WO No – UP3745 SP – 133 6. All claims, as provided by law, filed against the retainage have been resolved. In the 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 claims and attorney’s fees. 7. All other conditions required by law are satisfied. 1-09.11 Disputes and Claims Delete all of 1-09.11 and substitute the following: 1-09.11(1) Disputes (******) 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 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 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. 1-09.11(2) Contract Claims (******) 1-09.11(2)A General If the Contractor requests or believes for any reason that it is entitled to adjustment of Contract Sum or Contract Time, or if the Contractor has a Dispute with 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 of Contract Sum or Contract Time. No Contract Claim shall be allowed unless the Contractor has given Notice as required under the Contract Documents. 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 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 Contractor 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 determines the Contract Claim has merit in whole or in part, the City’s Representative will make an adjustment of Contract Sum or Contract Time required for the Work, or both. If the City’s Representative finds the Contract Claim to be without merit, no adjustment will be made. The Contractor shall keep full, complete, accurate and contemporaneous records of the costs and additional time incurred for any Contract Claim. The Contractor shall permit the City's Representative to have access to those records and any other records as may be required by the City's Representative to determine the facts or contentions involved in the Contract Claim. City is not obligated to respond to a Contract Claim unless the Contractor is in full compliance with all the provisions of