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1 <br /> 1 CITY OF EVERETT SPECIAL PROVISIONS <br /> 6. certified payrolls from the Contractor and all Subcontractors, <br /> 7. "Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid" <br /> from Contractor and each Subcontractor filed with the City and the <br /> Department of Labor and Industries, <br /> 8. Certification of Use or Deferred Sales Tax Paid or both, and <br /> 9. if required by the City, other data establishing payment or satisfaction of <br /> obligations, including, but not limited to, receipts, releases and waivers of <br /> 111 liens, claims, security interests or encumbrances arising out of the Contract, <br /> to the extent and in such form as may be designated by the City. If a <br /> Subcontractor refuses to furnish a release or waiver required by the City, the <br /> Contractor may furnish a bond satisfactory to the City to indemnify the City <br /> against such lien. If such lien remains unsatisfied after payments are made, <br /> the Contractor shall refund to the City all money that the City may be <br /> compelled to pay in discharging such lien, including all costs and reasonable <br /> attorneys' fees. <br /> Prior estimates and payments, including those relating to Extra Work or Work <br /> omitted, will be subject to correction by the final payment. <br /> MIf, after Physical Completion of the Work, Final Acceptance thereof is materially <br /> delayed through no fault of the Contractor or by issuance of Change Orders <br /> affecting Final Acceptance, and the City's Representative so confirms, the City <br /> may, upon application by the Contractor and certification by the City's <br /> Representative, and without terminating the Contract, make payment of the <br /> balance due for that portion of the Work fully completed and accepted. If the <br /> remaining balance for Work not fully completed or corrected is less than retainage <br /> stipulated in the Contract Documents, and if bonds have been furnished, the <br /> written consent of Surety to payment of the balance due for that portion of the <br /> Work fully completed and accepted shall be submitted by the Contractor to the <br /> City's Representative prior to certification of such payment. Such payment shall be <br /> made under terms and conditions governing final payment, except that it shall not <br /> constitute a waiver of claims. <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 <br /> so notifies the City in writing prior to the City making such final payment. Payment <br /> by the City shall not release the Contractor or its Surety from any obligation under <br /> the 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 /> 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 /> Water Main Replacement"S" Division 1 -GENERAL REQUIREMENTS January 29, 2018 <br /> WO No-UP3664 SP-111 <br /> I <br />