Absher/Stellar J Joint Venture 12/8/2025

City of Everett 00 72 00 - 36 Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 00 72 00 - 36 GENERAL CONDITIONS Final payment shall not become due until the Contractor, unless otherwise determined by the City, submits to the Owner’s Representative; (1) an affidavit that payrolls, bills for materials and Equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered, less amounts withheld by Owner, 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 thirty (30) days' prior written Notice has been given to the Owner; (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; and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as 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 Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Prior estimates and payments, including those relating to Extra Work or Work omitted, shall be subject to correction by the final payment. If, after Substantial 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 Owner’s Representative so confirms, the Owner may, upon application by the Contractor and certification by the Owner’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 Owner’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 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 Owner in writing prior to the Owner making such final payment. Payment by the Owner shall not release the Contractor or its surety from any obligation under the Contract or under the payment and performance bond. 9.2. PAYMENT FOR CHANGES 9.2.1. Changes in Estimated Quantities of Unit Price Work Contractor will be paid only for the actual quantities of Work performed and accepted in conformance with the Contract. When the accepted quantities of an item of Unit Price Work vary from the quantities originally estimated in the Contract Documents, payment will be at the Contract unit prices for accepted Work. If the total quantity of a Unit Price Work item varies by more than twenty-five percent (25%) from the quantity originally estimated in the Contract Documents, that part of the variance exceeding twenty- five percent (25%) may be adjusted as follows: 9.2.1.1. Increased Quantities Either party to the Contract will be entitled to renegotiate the price for that portion of the actual quantity in excess of one hundred twenty-five percent (125%) of the original Bid quantity. The price for increased quantities will be determined by agreement of the parties, or, where the parties cannot agree, the price will be determined by the Owner’s Representative based upon the actual costs to perform the Work, including reasonable markup for Overhead and profit.