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CITY OF EVERETT SPECIAL PROVISIONS <br />LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 <br />WO No – UP3529 SP – 126 <br />without the City’s written authorization. The City will issue a check <br />representing the sum of the monies reserved, payable to the bank or trust <br />company. Such check shall be converted into bonds and securities chosen by <br />the Contractor as the interest accrues <br />The Contractor shall designate the option desired at the time the Contract is executed. <br />If the Contractor in chooses option 2, deposit in escrow account, Contractor agrees to <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. The City may also, at its option, <br />accept a bond in lieu of retainage. <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 />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 />7. All other conditions required by law are satisfied. <br />1-09.11 Disputes and Claims <br />Delete all of 1-09.11 and substitute the following: <br />1-09.11(1) Disputes <br />(******) <br />When a Dispute occurs during the Contract, the Contractor shall pursue resolution <br />through the City's 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.