Interwest Construction Inc 8/9/2018

CITY OF EVERETT SPECIAL PROVISIONS against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Prior estimates and payments, including those relating to Extra Work or Work omitted, will be subject to correction by the final payment. If, after Physical Completion of the Work, Final Acceptance thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting Final Acceptance, and the City's Representative so confirms, the City may, upon application by the Contractor and certification by the City's Representative, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of Surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the City's Representative prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Acceptance of final payment by the Contractor, a Subcontractor or material or Equipment supplier shall constitute a waiver of Contract Claims by that payee, except those Contract Claims previously timely and completely submitted that remain pending at the time of final payment, provided that Contractor specifically so notifies the City in writing prior to the City making such final payment. Payment by the City shall not release the Contractor or its Surety from any obligation under the Contract or under the payment and performance bond. Upon completion of all Work and after final inspection, the amount due the Contractor under the Contract will be paid based upon the final estimate made by the Engineer and presentation of a Final Contract Voucher Certification signed by the Contractor. Such voucher shall be deemed a release of all claims of the Contractor unless a claim is filed in accordance with the requirements of 1-09.11 DISPUTES AND CLAIMS and is expressly excepted from the Contractor's Certification on the Final Contract Voucher Certification. 1-09.9(5) Back Charges to Contractor The Contractor shall pay the City on demand everything charged to it under the terms of this Contract. Such charges may be deducted by the City from money due or to become due to the Contractor under the Contract. The City may recover such charges from the Contractor or from its Surety. Contractor agrees to pay the costs of overtime or excessive inspection and observation costs incurred by the City. Overtime inspection shall include inspection required during Saturdays, Sundays, City holidays and weekdays in excess of 40 hours per week or outside of normal working hours and inspections or observations that result in an inspector or observer working more than 40 hours in a week. Costs of such overtime or excessive inspection or observation include architecture, engineering, construction management services, inspection, general supervision and overhead expenses that are directly chargeable to the overtime or excessive work. Contractor agrees that City will deduct such charges from payments due the Contractor. In the event the City issues a Change Order requiring the Contractor to work in excess of the established schedule of working hours, the City will not charge the Contractor for associated inspection costs. Wetmore Ave Stormwater Bypass Division 1 —GENERAL REQUIREMENTS August, 2018 WO No—UP3704 SP—1-110