A-1 Landscaping and Construction, Inc. 7/20/2016

I 1 Contract, including, but not limited to, the Contractor's furnishing all I 2 documentation required by Contract and law; and 3 3. A release has been obtained from the Washington State Department of 4 Revenue; and I 5 4. Affidavits of Wages Paid for the Contractor and all Subcontractors are on file 6 with the Owner (RCW 39.12.040); and 7 5. A release has been obtained from the Washington State Department of Labor I 8 9 & Industries and the Washington State Employment Security Department; and 10 6. All claims, as provided by law, filed against the retainage have been resolved. 11 In the event claims are filed and provided the conditions one through five are 12 met, the Contractor will be paid the retained percentage less an amount 13 sufficient to pay any such Claims together with a sum determined by the I 14 Owner sufficient to pay the cost of claims and attorney's fees. 15 16 1-09.11 Disputes and Claims 17 Section 1-09.11 is modified in full to read as follows: I 18 19 1-09.11(1) Disputes 20 Section 1-09.11(1) is modified in full to read as follows: 21 When a Dispute occurs during a Contract, the Contractor shall pursue resolution through I 22 the Owner's Representative. The Contractor shall follow the procedure outlined in 23 section 1-09.11(2) Contract Claims herein and section 1-08.3 Progress Schedule and 1- I 24 25 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 26 submission of a Contract Claim is a condition precedent to any entitlement by the I 27 Contractor to an adjustment of Contract Sum or Contract Time. Mediation is a condition 28 precedent to the filing of any lawsuit, action or proceeding that seeks to recover on a 29 Contract Claim, whether in whole or in part. 30 111 31 1-09.11(2) Contract Claims 32 33 Section 1-09.11(2) is modified in full to read as follows: I 34 35 1-09.11(2)(A) Genera/ 36 I 37 If the Contractor requests or believes for any reason that additional compensation or an 38 extension of Contract Time is due it, including, but not limited to, breach of contract or 39 request for adjustment of Contract Sum or Contract Time, or if the Contractor has a I 40 Dispute with the Owner and wants the Owner to take some action, or refrain from taking 41 action, the Contractor shall file a Contract Claim as provided in this section. A timely 42 and complete Contract Claim is a condition precedent to any entitlement by the 43 Contractor to an adjustment of Contract Sum or Contract Time. No Contract Claim shall I44 be allowed unless the Contractor has given Notice. The Contractor waives any Contract 45 Claim if: (a) Notice was not timely given; (b) the Owner's Representative is not afforded 46 reasonable access by the Contractor to complete records, including, but not limited to, I 47 correspondence, job diaries, and actual cost and additional time incurred; (c) a Contract 48 Claim is not timely filed as required by the Contract Documents; or (d) adequate, 49 accurate, contemporaneous and segregated supporting time and expense records are II 50 not kept and maintained. The fact that the Contractor provided proper and timely Notice, 51 provided a properly filed Contract Claim, or provided the Owner's Representative access 52 to records of actual cost, shall not in any way be construed as proving or substantiating I53 the validity of the Contract Claim. If the Owner determines the Contract Claim has merit IRIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 83