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I <br /> Claims previously timely and completely submitted that remain pending at the time of <br /> final payment,provided that Contractor specifically so notifies the City in writing prior to <br /> U the City making such final payment. Payment by the City shall not release the Contractor <br /> or its Surety from any obligation under the Contract or under the payment and <br /> performance bond. <br /> Upon completion of all Work and after fmal inspection, the amount due the Contractor <br /> under the Contract will be paid based upon the fmal estimate made by the Engineer and <br /> presentation of a Final Contract Voucher Certification signed by the Contractor. Such <br /> voucher shall be deemed a release of all claims of the Contractor unless a claim is filed in <br /> accordance with the requirements of 1-09.11 DISPUTES AND CLAIMS and is expressly <br /> excepted from the Contractor's Certification on the Final Contract Voucher Certification. <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 of this <br /> Contract. Such charges may be deducted by the City from money due or to become due to the <br /> Contractor under the Contract. The City may recover such charges from the Contractor or from <br /> its Surety. <br /> Contractor agrees to pay the costs of overtime or excessive inspection and observation costs <br /> incurred by the City. Overtime inspection shall include inspection required during Saturdays, <br /> Sundays, City holidays and weekdays in excess of 40 hours per week or outside of normal <br /> working hours and inspections or observations that result in an inspector or observer working <br /> more than 40 hours in a week. Costs of such overtime or excessive inspection or observation <br /> include architecture, engineering, construction management services, inspection, general <br /> supervision and overhead expenses that are directly chargeable to the overtime or excessive <br /> work. Contractor agrees that City will deduct such charges from payments due the Contractor. <br /> In the event the City issues a Change Order requiring the Contractor to work in excess of the <br /> established schedule of working hours, the City will not charge the Contractor for associated <br /> inspection costs. <br /> The Contractor shall be compensate the City for the actual costs of engineering, inspection, <br /> general supervision, right-of-way costs, permit fees, overhead expenses, and any other <br /> ascertainable direct costs to the City that are directly chargeable to the Work and that accrue <br /> during the period of such extension. The actual costs do not include charges for final inspection <br /> and preparation of the final payment by the City. <br /> 1-09.9(6) Retainage <br /> Pursuant to RCW Chap. 60.28, a sum of five percent (5%) of the monies earned by the <br /> Contractor will be retained from progress estimates. In addition to protecting the interests of <br /> those identified in RCW Chap. 60.28, such retainage will be used as a trust fund for the <br /> protection of the City. <br /> ' At the option of the Contractor,monies retained under the provisions of RCW 60.28 will be: <br /> 1. Retained in a fund by the City,or <br /> 2. Deposited by the City in an interest-bearing escrow account in a bank, mutual saving <br /> bank, or savings and loan association. Interest on monies so retained shall be paid to <br /> the Contractor in accordance with requirements of this section. Deposits are to be in <br /> the name of the City and may not be withdrawn without the City's written <br /> authorization. The City will issue a check representing the sum of the monies <br /> reserved, payable to the bank or trust company. Such check shall be converted into <br /> bonds and securities chosen by the Contractor as the interest accrues. <br /> The Contractor shall designate the option desired at the time the Contract is executed. If the <br /> Contractor in chooses option 2, deposit in escrow account, Contractor agrees to assume full <br /> responsibility to pay all costs that may accrue from escrow services,brokerage charges or both, <br /> HAYES STREET REGULATOR February,2017 <br /> ' AND CSO CONTROLS (SRO1, SRO2,AND SRO3) <br /> WO No—UP3398-31 SP - 122 <br />