9001 AIRPORT RD BLDG 1 2025-10-21

SNO-ISLE TECH 2O23 SMALL WORKS Section 00 70 00, Page 30 McGRANAHAN ARCHITECTS GENERAL CONDITIONS 4.4.5 Notwithstanding the above, the Owner may demand arbitration, before a single arbitrator appointed by the American Arbitration Association under the Expedited Procedure of the Construction Industry Arbitration Rules within five (5) days of the demand, for the purpose of seeking a declaratory judgment regarding the proprietary of the Owner's prospective termination of the Contractor. The hearing shall occur within seven (7) days of the appointment of the arbitrator, and the award shall be made within two (2) days of the close of the hearing and shall be final and binding. 4.5 REQUIREMENT FOR TIMELY INITIAL NOTICES AND CLAIMS 4.5.1 Any Claim of the Contractor against the Owner for damages, additional payment for any reason, or extension of time, whether under the Contract or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely Initial Notice is provided followed by a substantiated timely submission of a Claim in strict accordance with this Article. No act, omission, or knowledge, actual or constructive, of the Owner or the Architect shall in any way be deemed to be a waiver of the requirement for timely written notice unless the Owner provides the Contractor with an explicit, written waiver of timely Initial Notice and/or timely submission of a Claim. 4.5.2 All Initial Notices and Claims shall be addressed to: Mukilteo School District No. 6 c/o Karen Mooseker Executive Director, District Support Services 8925 Airport Road Everett, WA 98204 4.6 RETENTION OF RECORDS AND AUDIT The Contractor shall maintain and retain for a period of not less than six (6) years after the date of final acceptance of Work all documents related to the Contractor's bid for this Contract (e.g., estimating sheets, take -offs, etc.) and all records pertaining to the performance of the Work under this Contract, including Work performed as extra work. The Contractor shall ensure each of his Subcontractors maintains and retains for said period all records pertaining to performance of Subcontractor Work under this Contract, including Work performed as extra work. Upon twenty-one (21) days' notice to Contractor, all such documents and records shall be open to inspection and audit by Owner or others designated or authorized by Owner or under applicable law and regulations. If an audit is to be commenced more than sixty (60) calendar days after the acceptance of Work, Owner will give reasonable notice of the time when the audit is to begin. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site and has been verified by the Contractor to meet the subcontractor responsibility criteria stated in RCW 39.06.020. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or Subcontractors of a separate contractor. mcg-ARC 2120.000 February 28, 2023