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City of Everett 00 72 00 - 35 <br />Port Gardner Storage Facility - Demolition Package WO# UP-3525 <br />00 72 00 - 35 GENERAL CONDITIONS <br />9.1.3. Final Payment <br />Upon receipt of Contractor’s written Notice that the Work is ready for final inspection and acceptance and <br />upon receipt of a final Application for Payment, the Owner’s Representative will inspect the Work. If the <br />Owner’s Representative finds the Work acceptable under the Contract Documents and the Contract fully <br />performed and if the Contractor has signed a final contract voucher, the Owner’s Representative will issue <br />a final certificate for payment. The certificate for payment will state that to the best of the Owner’s <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 final 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 final 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.