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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <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 /> 1 <br /> 6. All claims, as provided by law, filed against the retainage have been resolved.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 /> 1-09.11 Disputes and Claims <br /> Delete 1-09.11 and substitute the following: <br /> 1-09.11(1) Disputes <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 <br /> in section 1-09.11(2) CONTRACT CLAIMS herein and 1-08.3 PROGRESS <br /> SCHEDULE and 1-08.8 EXTENSIONS OF TIME for issues regarding the schedule <br /> and Contract Time. Timely and adequate Notice is a condition precedent to a Contract <br /> Claim. Timely and complete submission of a Contract Claim is a condition precedent <br /> to any entitlement by the Contractor to an adjustment of Contract Sum or Contract <br /> Time. Unless waived in writing by the City, mediation is a condition precedent to the <br /> filing of any lawsuit, action or proceeding that seeks to recover on a Contract Claim, <br /> whether in whole or in part. The costs of any such mediation will be borne equally by <br /> 1 the parties. Unless otherwise agreed by the parties, the mediation shall take place in <br /> Everett, Washington. <br /> 1-09.11(2) Contract Claims <br /> (******) <br /> 1-09.11(2)A General <br /> ' if the Contractor requests or believes for any reason that additional compensation <br /> or an extension of Contract Time is due it, including, but not limited to, breach of <br /> Contract or request for adjustment of Contract Sum or Contract Time, or if the <br /> Contractor has a Dispute with the City and wants the City to take some action, or <br /> refrain from taking action, the Contractor shall file a Contract Claim as provided in <br /> this section. A timely and complete Contract Claim is a condition precedent to any <br /> entitlement by the Contractor to an adjustment of Contract Sum or Contract Time. <br /> No Contract Claim shall be allowed unless the Contractor has given Notice. The <br /> Contractor waives any Contract Claim if: (a) Notice was not timely given; (b) the <br /> City's Representative is not afforded reasonable access by the Contractor to <br /> complete records, including, but not limited to, correspondence, job diaries, and <br /> actual cost and additional time incurred; (c) a Contract Claim is not timely filed as <br /> required by the Contract Documents; or (d) adequate, accurate, contemporaneous <br /> and segregated supporting time and expense records are not kept and <br /> maintained. The fact that the Contractor provided proper and timely Notice, <br /> provided a properly filed Contract Claim, or provided the City's Representative <br /> access to records of actual cost, shall not in any way be construed as proving or <br /> substantiating the validity of the Contract Claim. If the City determines the <br /> Watermain Replacement"T" Division 1 —GENERAL REQUIREMENTS October 10, 2018 <br /> ' WO No—UP3684 SP—119 <br />