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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 2 Div 1 – GEN REQUIREMENTS October 2025 <br />Work Order No. UP 3814 SP-129 <br />Category 2: Sensitive information <br />Category 2: For official use only / disclosure permissible by law. <br />Acceptance of final payment by the Contractor, a Subcontractor or material or <br />Equipment supplier shall constitute a waiver of Contract Claims by that payee, <br />except those Contract Claims previously timely and completely submitted that <br />remain pending at the time of final payment, provided that Contractor specifically so <br />notifies the City in writing prior to the City making such final payment. Payment by <br />the City shall not release the Contractor or its Surety from any obligation under the <br />Contract or under the payment and performance bond. <br />Upon completion of all Work and after final inspection, the amount due the <br />Contractor under the Contract will be paid based upon the final estimate made by <br />the Engineer and presentation of a Final Contract Voucher Certification signed by <br />the Contractor. Such voucher shall be deemed a release of all claims of the <br />Contractor unless a claim is filed in accordance with the requirements of 1-09.11 <br />DISPUTES AND CLAIMS and is expressly excepted from the Contractor's <br />Certification on the Final Contract Voucher Certification. <br />If the Contractor fails, refuses, or is unable to sign and return the Final Contract <br />Voucher Certification or any other documentation required for completion and final <br />acceptance of the Contract, the City reserves the right to establish a Completion <br />Date (for the purpose of meeting the requirements of RCW 60.28) and unilaterally <br />accept the Contract. Unilateral final acceptance will occur only after the Contractor <br />has been provided the opportunity, by written request from the City, to voluntarily <br />submit such documents. If voluntary compliance is not achieved, formal notification <br />of the impending establishment of a Completion Date and unilateral final <br />acceptance will be provided by certified mail or by email with delivery confirmation <br />from the City to the Contractor, which will provide 30 calendar days for the <br />Contractor to submit the necessary documents. The 30 calendar day period will <br />begin on the date the certified mail or email with delivery confirmation is received <br />by the Contractor. If Contractor compliance is not achieved by the end of such 30- <br />day period, the City will unilaterally sign the Final Contract Voucher Certification. <br />The date the City Council accepts the Work shall constitute the Completion Date <br />and the final acceptance date. The reservation by the City to unilaterally accept the <br />Contract will apply to Contracts that are Physically Completed in accordance with <br />Section 1-08.5, or for Contracts that are terminated in accordance with Section 1- <br />08.10. Unilateral final acceptance of the Contract by the City does not in any way <br />relieve the Contractor of its responsibility to comply with all Federal, State, tribal, or <br />local laws, ordinances, and 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 <br />of this Contract. Such charges may be deducted by the City from money due or to <br />become due to the Contractor under the Contract. The City may recover such charges <br />from the 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.