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City of Everett 00 72 00 - 33 <br /> Representative's knowledge,information and belief,the Work appears to have been completed in <br /> ' accordance with terms and conditions of the Contract Documents and that the entire balance found to be <br /> due the Contractor and noted in the fmal certificate is due and payable. <br /> Final payment shall not become due until the Contractor submits to the Owner's Representative;(1)an <br /> ' affidavit that payrolls,bills for materials and Equipment, and other indebtedness connected with the Work <br /> for which the Owner or the Owner's property might be responsible or encumbered,less amounts withheld <br /> by Owner,have been paid or otherwise satisfied;(2)a certificate evidencing that insurance required by <br /> the Contract Documents to remain in force after final payment is currently in effect and will not be <br /> canceled or allowed to expire until at least thirty(30)days'prior written Notice has been given to the <br /> Owner;(3)a written statement that the Contractor knows of no substantial reason that the insurance will <br /> ' not be renewable to cover the period required by the Contract Documents; (4)consent of surety,if any,to <br /> final payment;and(5)if required by the Owner,other data establishing payment or satisfaction of <br /> obligations,such as receipts, releases and waivers of liens,claims,security interests or encumbrances <br /> arising out of the Contract,to the extent and in such form as may be designated by the Owner.If a <br /> Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a <br /> bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied <br /> after payments are made, the Contractor shall refund to the Owner all money that the Owner may be <br /> compelled to pay in discharging such lien, including all costs and reasonable attorneys'fees. <br /> Prior estimates and payments,including those relating to Extra Work or Work omitted, shall be subject to <br /> correction by the final payment. <br /> ' If,after Substantial Completion of the Work,Final Acceptance thereof is materially delayed through no <br /> fault of the Contractor or by issuance of Change Orders affecting Final Acceptance,and the Owner's <br /> Representative so confirms,the Owner may,upon application by the Contractor and certification by the <br /> Owner's Representative,and without terminating the Contract,make payment of the balance due for that <br /> portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed <br /> or corrected is less than retainage stipulated in the Contract Documents,and if bonds have been furnished, <br /> ' the written consent of surety to payment of the balance due for that portion of the Work fully completed <br /> and accepted shall be submitted by the Contractor to the Owner's Representative prior to certification of <br /> such payment. Such payment shall be made under terms and conditions governing fmal payment,except <br /> that it shall not constitute a waiver of claims. <br /> Acceptance of final payment by the Contractor,a Subcontractor or material Supplier shall constitute a <br /> waiver of Contract Claims by that payee,except those Contract Claims previously timely and completely <br /> ' submitted that remain pending at the time of final payment,provided that Contractor specifically so <br /> notifies the Owner in writing prior to the Owner making such final payment. Payment by the Owner shall <br /> not release the Contractor or its surety from any obligation under the Contract or under the payment and <br /> performance bond. <br /> 9.2. PAYMENT FOR CHANGES <br /> 9.2.1. Changes in Estimated Quantities of Unit Price Work <br /> Contractor will be paid only for the actual quantities of Work performed and accepted in conformance <br /> with the Contract. When the accepted quantities of an item of Unit Price Work vary from the quantities <br /> originally estimated in the Contract Documents,payment will be at the Contract unit prices for accepted <br /> ' Work. If the total quantity of a Unit Price Work item varies by more than twenty-five percent(25%)from <br /> the quantity originally estimated in the Contract Documents,that part of the variance exceeding twenty- <br /> five percent(25%)may be adjusted as follows: <br /> 9.2.1.1. Increased Quantities <br /> Either party to the Contract will be entitled to renegotiate the price for that portion of the actual quantity <br /> in excess of one hundred twenty-five percent(125%)of the original Bid quantity.The price for increased <br /> quantities will be determined by agreement of the parties,or,where the parties cannot agree,the price will <br /> 00 72 00 - 33 GENERAL CONDITIONS <br />