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City of Everett 00 7200 - 41 <br />2024 WPCF Biosolids Removal UT 3826-2 <br /> <br /> <br />00 7200 - 41 GENERAL CONDITIONS <br />risks in connection with the investment of the retained percentages in securities. The City may also, at its <br />option, accept a bond in lieu of retainage. <br />Retainage will be released when all of the following conditions are satisfied: <br />1. Sixty (60) days have elapsed following the completion of all Work specified in the Contract; and <br />2. The Contractor fulfilled all of all obligations of the Contractor under the Contract, including, but <br />not limited to, the Contractor’s furnishing all documentation required by Contract and law; and <br />3. A release has been obtained from the Washington State Department of Revenue; and <br />4. Affidavits of Wages Paid for the Contractor and all Subcontractors are on file with the Owner <br />(RCW 39.12.040); and <br />5. A release has been obtained from the Washington State Department of Labor & Industries and the <br />Washington State Employment Security Department; and <br />6. All claims, as provided by law, filed against the retainage have been resolved. In the event claims <br />are filed and provided the conditions one through five are met, the Contractor will be paid the <br />retained percentage less an amount sufficient to pay any such claims together with a sum <br />determined by the Owner sufficient to pay the cost of claims and attorney’s fees. <br />7. All other conditions required by law are satisfied. <br />10. NOTICE TO OWNER <br />10.1 WHEN NOTICE MUST BE GIVEN <br />Whenever <br />1. The Contractor disagrees with any requirement, direction, interpretation or determination by the <br />Owner or Owner’s Representative; <br />2. The Contractor knows, or should with the reasonable exercise of ordinary care know, of a <br />differing site condition as provided in 11. DIFFERING SITE CONDITIONS; <br />3. The Contractor knows, or should with the reasonable exercise of ordinary care know, of any <br />Delay or an event that may cause a Delay; <br />4. The Contractor believes, or with the reasonable exercise of ordinary care should believe, it is <br />entitled to an adjustment of Contract Sum or Time, even if the total or exact amount or impact <br />cannot yet be determined; <br />5. The Contractor believes it is required or directed to perform work that is outside the scope of the <br />Contract Documents; or <br />6. An event occurs, or fails to occur, that the Contractor believes, or should reasonably foresee, may <br />result in a Contract Claim; <br />the Contractor shall immediately give Notice to the Owner or Owner’s Representative as provided in this <br />section and elsewhere in the General Conditions and Specifications. <br />Timely and adequate Notice is a condition precedent to a Contract Claim. <br />Requests for extensions of Contract Time must be made and will be evaluated in accordance with 5.2.2.2 <br />Extensions of Contract Time. <br />Irrespective of any request for additional compensation or Contract Time or any Contract Claim that work <br />is extra and not part of the original scope of Work, the Contractor shall proceed expeditiously and <br />promptly with the work as the Owner orders. <br />If the Contractor fails to follow the procedures of this Contract, including failing to give Notice, the <br />Contractor completely waives such Contract Claim. In its sole discretion, the Owner may waive strict