Faber Construction Corporation 4/23/2025

CITY OF EVERETT SPECIAL PROVISIONS LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 WO No – UP3529 SP – 123 2. A deductive Change Order. 3. Persistent failure of the Contractor to perform the Work in accordance with the Contract Documents, including failure to maintain the progress of the Work in accordance with the construction schedule. Persistent failure to maintain the progress of the Work shall mean that for a period of two consecutive months following a written notice from the City’s Representative or City, the Contractor fails to correct a behind-schedule condition at a rate that would reasonably indicate that it will finish the Project on schedule. 4. Disregard of authority of the City or City’s Representative or the laws of any public body having jurisdiction. 5. Liquidated damages. 6. Misrepresentation of the quality of materials or Equipment installed or amount of Work performed. 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,