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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-88 <br />received by the Contractor. If Contractor compliance is not achieved by the end of such <br />30-day period, the City will unilaterally sign the Final Contract Voucher Certification. The <br />date the City Council accepts the Work shall constitute the Completion Date and the final <br />acceptance date. The reservation by the City to unilaterally accept the Contract will <br />apply to Contracts that are Physically Completed in accordance with Section 1-08.5, or <br />for Contracts that are terminated in accordance with Section 1-08.10. Unilateral final <br />acceptance of the Contract by the City does not in any way relieve the Contractor of its <br />responsibility to comply with all Federal, State, tribal, or local laws, ordinances, and <br />regulations that affect the Work under the Contract. <br />1-09.9(5) Back Charges to Contractor <br />The Contractor shall pay the City on demand everything charged to it under the terms of <br />this Contract. Such charges may be deducted by the City from money due or to become <br />due to the Contractor under the Contract. The City may recover such charges from the <br />Contractor or from its Surety. <br />Contractor agrees to pay the costs of overtime or excessive inspection and observation <br />costs incurred by the City. Overtime inspection shall include inspection required during <br />Saturdays, Sundays, City holidays and weekdays in excess of 40 hours per week or <br />outside of normal working hours and inspections or observations that result in an <br />inspector or observer working more than 40 hours in a week. Costs of such overtime or <br />excessive inspection or observation include architecture, engineering, construction <br />management services, inspection, general supervision and overhead expenses that are <br />directly chargeable to the overtime or excessive work. Contractor agrees that City will <br />deduct such charges from payments due the Contractor. In the event the City issues a <br />Change Order requiring the Contractor to work in excess of the established schedule of <br />working hours, the City will not charge the Contractor for associated inspection costs. <br />The Contractor shall be compensate the City for the actual costs of engineering, <br />inspection, general supervision, right-of-way costs, permit fees, overhead expenses, and <br />any other ascertainable direct costs to the City that are directly chargeable to the Work <br />and that accrue during the period of such extension. The actual costs do not include <br />charges for final inspection and preparation of the final payment by the City. <br />1-09.9(6) Retainage <br />Pursuant to RCW Chap. 60.28, a sum of five percent of the monies earned by the <br />Contractor will be retained from progress estimates. In addition to protecting the <br />interests of those identified in RCW Chap. 60.28, such retainage will be used as a trust <br />fund for the protection of the City. <br />At the option of the Contractor, monies retained under the provisions of RCW 60.28 will <br />be: <br />1. Retained in a fund by the City, or <br />2. Deposited by the City in an interest-bearing escrow account in a bank, mutual <br />saving bank, or savings and loan association. Interest on monies so retained <br />shall be paid to the Contractor in accordance with requirements of this section. <br />Deposits are to be in the name of the City and may not be withdrawn without the <br />City’s written authorization. The City will issue a check representing the sum of <br />the monies reserved, payable to the bank or trust company. Such check shall be <br />converted into bonds and securities chosen by the Contractor as the interest <br />accrues Bank and Contractor will execute an escrow agreement in the form <br />provided by the City.