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1 <br /> CITY OF EVERETT PUBLIC WORKS DOCUMENT 00 72 13 <br /> 1 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> designated by the Owner. If a Subcontractor refuses to furnish a release or waiver <br /> required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to <br /> indemnify the Owner against such lien. If such lien remains unsatisfied after payments <br /> are made, the Contractor shall refund to the Owner all money that the Owner may be <br /> compelled to pay in discharging such lien, including all costs and reasonable attorneys' <br /> fees. <br /> c. Prior estimates and payments, including those relating to Extra Work or Work omitted, <br /> shall be subject to correction by the final payment. <br /> d. If, after Substantial Completion of the Work, Final Acceptance thereof is materially <br /> delayed through no fault of the Contractor or by issuance of Change Orders affecting <br /> Final Acceptance, and the Owner's Representative so confirms, the Owner may, upon <br /> application by the Contractor and certification by the Owner's Representative, and <br /> without terminating the Contract, make payment of the balance due for that portion of <br /> the Work fully completed and accepted. If the remaining balance for Work not fully <br /> completed or corrected is less than retainage stipulated in the Contract Documents, and <br /> if bonds have been furnished, the written consent of surety to payment of the balance <br /> due for that portion of the Work fully completed and accepted shall be submitted by the <br /> Contractor to the Owner's Representative prior to certification of such payment. Such <br /> payment shall be made under terms and conditions governing final payment,except that <br /> it shall not constitute a waiver of claims. <br /> e. Acceptance of final payment by the Contractor, a Subcontractor or material Supplier <br /> shall constitute a waiver of Contract Claims by that payee, except those Contract <br /> Claims previously timely and completely submitted that remain pending at the time of <br /> final payment, provided that Contractor specifically so notifies the Owner in writing <br /> prior to the Owner making such final payment. Payment by the Owner shall not release <br /> the Contractor or its surety from any obligation under the Contract or under the <br /> payment and performance bond. <br /> 9.2 Payment for Changes <br /> A. Changes in Estimated Quantities of Unit Price Work <br /> 1. Contractor will be paid only for the actual quantities of Work performed and accepted in <br /> conformance with the Contract. When the accepted quantities of an item of Unit Price Work <br /> vary from the quantities originally estimated in the Contract Documents, payment will be at <br /> the Contract unit prices for accepted Work. If the total quantity of a Unit Price Work item <br /> varies by more than twenty-five percent(25%) from the quantity originally estimated in the <br /> Contract Documents, that part of the variance exceeding twenty-five percent (25%) may be <br /> adjusted as follows: <br /> B. Increased Quantities <br /> 1. Either party to the Contract will be entitled to renegotiate the price for that portion of the <br /> actual quantity in excess of one hundred twenty-five percent (125%) of the original Bid <br /> quantity. The price for increased quantities will be determined by agreement of the parties, <br /> or, where the parties cannot agree, the price will be determined by the Owner's <br /> Representative based upon the actual costs to perform the Work, including reasonable <br /> markup for Overhead and profit. <br /> C. Decreased Quantities <br /> PSO6 REROUTE 007213 -42 <br /> WO NO.—UP3583 MAY 2016 <br /> 1 <br />