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1 <br /> 2. The Contractor fulfilled all of all obligations of the Contractor under the Contract, including, but not <br /> 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(RCW <br /> 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 are <br /> filed and provided the conditions one through five are met, the Contractor will be paid the retained <br /> percentage less an amount sufficient to pay any such claims together with a sum determined by the <br /> Owner sufficient to pay the cost of claims and attorney's fees. <br /> ARTICLE 10 NOTICE TO OWNER <br /> A. WHEN NOTICE MUST BE GIVEN <br /> A.. 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 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 differing <br /> site condition as provided in ARTICLE 11. DIFFERING SITE CONDITIONS; <br /> 3. The Contractor knows, or should with the reasonable exercise of ordinary care know, of any Delay or <br /> 1 an event that may cause a Delay; <br /> 4. The Contractor believes, or with the reasonable exercise of ordinary care should believe, it is entitled <br /> to an adjustment of Contract Sum or Time, even if the total or exact amount or impact cannot yet be <br /> 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 /> B. Timely and adequate Notice is a condition precedent to a Contract Claim. <br /> C. Requests for extensions of Contract Time must be made and will be evaluated in accordance with 5.2.C. <br /> Extensions of Contract Time. <br /> D. 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 promptly <br /> with the work as the Owner orders. <br /> E. Failing to follow procedures. <br /> 1. If the Contractor fails to follow the procedures of this Contract, including failing to give Notice, the <br /> Contractor completely waives such Contract Claim. <br /> 2. In its sole discretion,the Owner may waive strict compliance with procedures,but any such waiver of <br /> one or more items or elements does not waive the necessity for Contractor's strict compliance with <br /> any other item or element,nor shall such waiver be admissible in any legal proceeding for any reason. <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL CONDITIONS <br /> 007213-47 Issue for Bid <br />