American Process Group, LLC 5/20/2026

City of Everett 00 7200 - 33 2026 WPCF Biosolids Removal & Disposal UT 3752-30 00 7200 - 33 GENERAL CONDITIONS a period of two consecutive months following a written notice from the Owner’s Representative or Owner, the Contractor fails to correct a behind-schedule condition at a rate that would reasonably indicate that he or she will finish the Project on schedule. 4. Disregard of authority of the Owner or Owner’s Representative or the laws of any public body having jurisdiction. 5. Liquidated damages. 6.Misrepresentation of the quality of materials installed or amount of Work performed. 7.Discovery that a previous pay estimate erred with respect to the amount of Work performed or materials installed, irrespective of the Owner’s Representative’s recommendation at the time of the progress pay estimate. 8. Any other event that consists of a default under Section 5.4.1 of these General Conditions. The Owner may refuse to make payment of the full amount recommended by the Owner’s Representative because of Contract Claims made against the Owner 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 Owner to reduce the amount recommended. In such case, the Owner shall give Contractor prompt written notice with copy to the Owner’s Representative stating the reasons for each action. 9.1.3. Final Payment Upon receipt of Contractor’s written Notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner’s Representative will inspect the Work. If the Owner’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 in the form provided by the Owner, the Owner’s Representative will issue a final certificate for payment. The certificate for payment (or certificate of completion) will state that to the best of the Owner’s Representative's knowledge, the Work appears to have been completed in accordance with the plans and specifications. 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 Owner reserves the right to establish a completion date (for the purpose of meeting the requirements of RCW 60.28) and unilaterally sign the final contract voucher certification and accept the Contract. Unilateral final acceptance will occur only after the Contractor has been provided the opportunity, by written request from the Owner, to voluntarily submit such documents. The date the City Council accepts the Work shall constitute the completion date and the final acceptance date. Unilateral final acceptance of the Contract by the Owner 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. Final payment shall not become due until the Contractor, unless otherwise determined by the Owner, 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