2400 33RD ST CONTRACT AGREEMENT 2016-01-01 MF Import

5. Sound Transit has no outstandinq claims under this Contract. B If anv taxes have not been discharqed or anv claims, expenses, and fees have not been paid Sound Transit shall either retain in its fund or in an interest de(rav the costs and attornev fees incurred in foreclosinq the lien of such claims, and shall pav or release from escrow the remainder to the Contractor. C. If under Section 9 07 the Contractor released and oaid withheld monies to a Subcontractor the followina provisions shall applv. 1. The Contractor mav request release of a oortion of the retainacte withheld bv Sc.:,nd Transit under Chapter 60.28 RCW equal to the amount the Contractor released and paid to the Subcontractor under Section 9.07. Sound Transit mav release such portion of the retainaqe followinq be qrovided bv Sound Transit) to the Reside�� Enqineer. 2. Upon receipt of a proper and complete Affidavit of Completion of Suk�contractor's Work and Release of Withheld Amount the Resident Enqineer will review the affidavit and anv accompanVinG documentation and maV review the work completed bV the Subcontractor identified on the Affidavit. Review o( the Subcontractor's work shall not relieve the Contractor of its responsibilit�and liabilitv to ensure all V`Jork under the Contracl is perfor ied in accordance with the repuiremenls set forth in the Contract. 3. If the Resident Enqineer does not concur with the assurances contained in Ihe Affidavit the Resident Enqineer stiall notify the Contractor in writinq of that conclusion. provide the reasons for ihat conclusion and identifv the remedial actions that the Contractor must take to qain the concurrence of the Resident Enqineer Sound Transit shail not release anv portion of the retainaqe withheld under Chapter 60 28 RCW until the Resident Enqineer gives his or her concurrence with the assurances contained in the Affidavit. 4. If the Resident Enqineer concurs with the assurance contained in the Affidavit the Resident Fncaineer shall notifv the Contractor in writinq of that conclusion and Arepare and submit documentation for Sound Transit witliin thirtv (30) Davs from the date of the written notice from !he Resident �nqineer to the Contractor orovided that the amount of the retainaqe remairinq after the release of such portion of thP retainaqe shall be equal to or qreater than the amount of anV unpaid taxes and ,;laims toqether with a sum sufficient to defrav the costs ard atlornev fees incurred in foreclosinq the lier� of such claims, as provided in Paraqraph 9.05 B. 5. Review of the Subcontractor's work shall not relieve the Contractor of its responsibilitv and liability to ensure ail Work under the Contr2ct is Capilal Projects Commuter Rail Special Provisions IFB No. RTAIGP 21-06 � Everetl Station Phase 2 Section 00300 Page 8 _ Adden�um No. 4 r ��. y .