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t <br /> 7) Discovery that a previous pay estimate erred with respect to the amount of Work <br /> performed or materials installed, irrespective of the Owner's Representative's <br /> recommendation at the time of the progress pay estimate. <br /> b. The Owner may refuse to make payment of the full amount recommended by the Owner's <br /> Representative because of Contract Claims made against the Owner on account of Contractor's <br /> performance or furnishing the Work or because of liens filed in connection with the Work or <br /> other set offs entitling Owner to reduce the amount recommended. In such case,the Owner shall <br /> give Contractor prompt written notice with copy to the Owner's Representative stating the <br /> reasons for each action. <br /> 5. Final Payment <br /> a. Upon receipt of Contractor's written Notice that the Work is ready for final inspection and <br /> acceptance and upon receipt of a final Application for Payment,the Owner's Representative will <br /> inspect the Work. If the Owner's Representative fmds the Work acceptable under the Contract <br /> Documents and the Contract fully performed and if the Contractor has signed a final contract <br /> voucher,the Owner's Representative will issue a final certificate for payment. The certificate for <br /> payment will state that to the best of the Owner's Representative's knowledge, information and <br /> belief, the Work appears to have been completed in accordance with terms and conditions of the <br /> Contract Documents and that the entire balance found to be due the Contractor and noted in the <br /> final certificate is due and payable. <br /> b. Final payment shall not become due until the Contractor submits to the Owner's Representative; <br /> (1) an affidavit that payrolls, bills for materials and Equipment, and other indebtedness <br /> connected with the Work for which the Owner or the Owner's property might be responsible or <br /> encumbered, less amounts withheld by Owner, have been paid or otherwise satisfied; (2) a <br /> certificate evidencing that insurance required by the Contract Documents to remain in force after <br /> final payment is currently in effect and will not be canceled or allowed to expire until at least <br /> thirty (30) days' prior written Notice has been given to the Owner; (3) a written statement that <br /> the Contractor knows of no substantial reason that the insurance will not be renewable to cover <br /> the period required by the Contract Documents; (4) consent of surety, if any, to final payment; <br /> and(5) if required by the Owner, other data establishing payment or satisfaction of obligations, <br /> such as receipts,releases and waivers of liens, claims, security interests or encumbrances arising <br /> out of the Contract, to the extent and in such form as may be designated by the Owner. If a <br /> Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may <br /> furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien <br /> remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money <br /> that the Owner may be compelled to pay in discharging such lien, including all costs and <br /> reasonable attorneys'fees. <br /> c. Prior estimates and payments, including those relating to Extra Work or Work omitted, shall be <br /> subject to correction by the final payment. <br /> d. If, after Substantial Completion of the Work, Final Acceptance thereof is materially delayed <br /> through no fault of the Contractor or by issuance of Change Orders affecting Final Acceptance, <br /> and the Owner's Representative so confirms,the Owner may, upon application by the Contractor <br /> and certification by the Owner's Representative, and without terminating the Contract, make <br /> payment of the 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 stipulated in <br /> the Contract Documents, and if bonds have been furnished, the written consent of surety to <br /> payment of the balance due for that portion of the Work fully completed and accepted shall be <br /> submitted by the Contractor to the Owner's Representative prior to certification of such <br /> payment. Such payment shall be made under terms and conditions governing final payment, <br /> except that it shall not constitute a waiver of claims. <br /> e. Acceptance of final payment by the Contractor, a Subcontractor or material Supplier shall <br /> constitute a waiver of Contract Claims by that payee, except those Contract Claims previously <br /> timely and completely submitted that remain pending at the time of final payment,provided that <br /> Contractor specifically so notifies the Owner in writing prior to the Owner making such final <br /> payment. Payment by the Owner shall not release the Contractor or its surety from any <br /> obligation under the Contract or under the payment and performance bond. <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL CONDITIONS <br /> 00 72 13-38 Issue for Bid I <br />