Earthworks Solutions, LLC 5/3/2024

CITY OF EVERETT SPECIAL PROVISIONS Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 Work Order No. UP 3814 SP-127 7. Discovery that a previous pay estimate erred with respect to the amount of Work performed or Equipment or materials installed, irrespective of the City’s Representative’s recommendation at the time of the progress pay estimate. The City may refuse to make payment of the full amount recommended by the City’s Representative because of Contract Claims made against the City on account of Contractor's performance or furnishing the Work or because of liens filed in connection with the Work or other set offs entitling City to reduce the amount recommended. In such case, the City shall give Contractor prompt written notice with copy to the City’s Representative stating the reasons for each action. 1-09.9(4) Final Payment Procedure Upon receipt of Contractor’s written Notice that the Work is ready for final inspection and acceptance and upon receipt of a Final Contract Voucher Certification, the City’s Representative will inspect the Work. If the City’s Representative finds the Work acceptable under the Contract Documents and the Contract fully performed and if the Contractor has signed a Final Contract Voucher Certification, the City’s Representative will issue a final Certificate for Payment. The Certificate for Payment will state that to the best of the City’s Representative's knowledge, information and belief, the Work appears to have been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. Final payment shall not become due until the Contractor submits to the City’s Representative the following; 1. an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or the City's property might be responsible or encumbered, less amounts withheld by City, have been paid or otherwise satisfied, 2. a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 calendar days' prior written Notice has been given to the City, 3. a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, 4. consent of Surety, if any, to final payment, 5. request to Sublet Work Agreements for all Subcontractors, 6. certified payrolls from the Contractor and all Subcontractors, 7. “Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid” from Contractor and each Subcontractor filed with the City and the Department of Labor and Industries, 8. Certification of Use or Deferred Sales Tax Paid or both, and 9. if required by the City, other data establishing payment or satisfaction of obligations, including, but not limited to, receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the City. If a Subcontractor refuses to furnish a release or waiver required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees.