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CITY OF EVERETT SPECIAL PROVISIONS payment be made or indicate in writing to the Contractor his or her reasons for not concurring with the estimate. If the City's Representative recommends payment and the City concurs, the City will pay the Contractor a progress payment on the basis of the approved partial payment estimate, less retainage and any amounts the City may withhold pursuant to Contract or law. The recommendation of the City's Representative is not conclusive, final or binding upon the City. In the event the City's Representative does not concur with the estimate, the Contractor may make the changes necessary to obtain the City's Representative's concurrence and resubmit the partial payment estimate, or submit the original progress payment estimate directly to the City, indicating in writing its reasons for refusing to make the changes necessary to obtain concurrence. 1-09.9(3) Withholding Payment The City's Representative may refuse to recommend the whole or any part of any payment if in the City's Representative's opinion, it would be incorrect to make such recommendation to the City. The City's Representative may also refuse to recommend any such payment, or because of subsequently discovered evidence or the result of tests, may nullify any such payment previously recommended to such extent as may be necessary in the City's Representative's opinion to protect the City from loss as a result of: 1. Defective or damaged Work. 2. A deductive Change Order. 3. Persistent failure of the Contractor to perform the Work in accordance with the Contract Documents, including failure to maintain the progress of the Work in accordance with the construction schedule. Persistent failure to maintain the progress of the Work shall mean that for a period of two consecutive months following a written notice from the City's Representative or City, the Contractor fails to correct a behind-schedule condition at a rate that would reasonably indicate that it will finish the Project on schedule. 4. Disregard of authority of the City or City's Representative or the laws of any public body having jurisdiction. 5. Liquidated damages. 6. Misrepresentation of the quality of materials or Equipment installed, or amount of Work performed. 7. Discovery that a previous pay estimate erred with respect to the amount of Work performed or Equipment or materials installed, irrespective of the City's Representative's recommendation at the time of the progress pay estimate. The City may refuse to make payment of the full amount recommended by the City's Representative because of Contract Claims made against the City on account of Contractor's performance or furnishing the Work or because of liens filed in connection with the Work or other set offs entitling City to reduce the amount recommended. In such case, the City shall give Contractor prompt written notice with copy to the City's Representative stating the reasons for each action. 1-09.9(4) Final Payment Procedure Upon receipt of Contractor's written Notice that the Work is ready for final inspection and acceptance and upon receipt of a Final Contract Voucher Certification, the City's Representative will inspect the Work. If the City's Representative finds the Work acceptable under the Contract Documents and the Contract fully performed and if the Contractor has signed a Final Contract Voucher Certification, the City's Representative Jackson Park Area Stormwater Separation WO No—UP3703 Division 1 —GENERAL REQUIREMENTS September 2020 SP-114