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-128 Prior estimates and payments, including those relating to Extra Work or Work omitted, will be subject to correction by the final payment. If, after Physical Completion of the Work, Final Acceptance thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting Final Acceptance, and the City’s Representative so confirms, the City may, upon application by the Contractor and certification by the City’s Representative, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of Surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the City’s Representative prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Acceptance of final payment by the Contractor, a Subcontractor or material or Equipment supplier shall constitute a waiver of Contract Claims by that payee, except those Contract Claims previously timely and completely submitted that remain pending at the time of final payment, provided that Contractor specifically so notifies the City in writing prior to the City making such final payment. Payment by the City shall not release the Contractor or its Surety from any obligation under the Contract or under the payment and performance bond. Upon completion of all Work and after final inspection, the amount due the Contractor under the Contract will be paid based upon the final estimate made by the Engineer and presentation of a Final Contract Voucher Certification signed by the Contractor. Such voucher shall be deemed a release of all claims of the Contractor unless a claim is filed in accordance with the requirements of 1-09.11 DISPUTES AND CLAIMS and is expressly excepted from the Contractor's Certification on the Final Contract Voucher Certification. If the Contractor fails, refuses, or is unable to sign and return the Final Contract Voucher Certification or any other documentation required for completion and final acceptance of the Contract, the City reserves the right to establish a Completion Date (for the purpose of meeting the requirements of RCW 60.28) and unilaterally accept the Contract. Unilateral final acceptance will occur only after the Contractor has been provided the opportunity, by written request from the City, to voluntarily submit such documents. If voluntary compliance is not achieved, formal notification of the impending establishment of a Completion Date and unilateral final acceptance will be provided by certified mail or by email with delivery confirmation from the City to the Contractor, which will provide 30 calendar days for the Contractor to submit the necessary documents. The 30 calendar day period will begin on the date the certified mail or email with delivery confirmation is received by the Contractor. If Contractor compliance is not achieved by the end of such 30-day period, the City will unilaterally sign the Final Contract Voucher Certification. The date the City Council accepts the Work shall constitute the Completion Date and the final acceptance date. The reservation by the City to unilaterally accept the Contract will apply to Contracts that are Physically Completed in accordance with Section 1-08.5, or for Contracts that are terminated in accordance with Section 1-08.10. Unilateral final acceptance of the Contract by the City does not in any way relieve the Contractor of its responsibility to comply with all Federal, State, tribal, or local laws, ordinances, and regulations that affect the Work under the Contract.