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1 <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> 1.09.9(2) Review Procedures <br /> The City's Representative will review the estimate and either indicate in writing to the City his or <br /> her concurrence with the estimate and his or her recommendation that payment be made or <br /> indicate in writing to the Contractor his or her reasons for not concurring with the estimate. If the <br /> City's Representative recommends payment and the City concurs, the City will pay the Contractor <br /> a progress payment on the basis of the approved partial payment estimate, less retainage and <br /> any amounts the City may withhold pursuant to Contract or law. The recommendation of the <br /> City's Representative is not conclusive, final or binding upon the City. <br /> In the event the City's Representative does not concur with the estimate, the Contractor may <br /> make the changes necessary to obtain the City's Representative's concurrence and resubmit the <br /> partial payment estimate, or submit the original progress payment estimate directly to the City, <br /> indicating in writing its reasons for refusing to make the changes necessary to obtain <br /> concurrence. <br /> 1-09.9(3) Withholding Payment <br /> The City's Representative may refuse to recommend the whole or any part of any payment if in <br /> the City's Representative's opinion, it would be incorrect to make such recommendation to the <br /> City. The City's Representative may also refuse to recommend any such payment, or because <br /> of subsequently discovered evidence or the result of tests, may nullify any such payment <br /> previously recommended to such extent as may be necessary in the City's Representative's <br /> opinion to protect the City from loss as a result of: <br /> 1. Defective or damaged Work. <br /> 2. A deductive Change Order. , <br /> 3. Persistent failure of the Contractor to perform the Work in accordance with the <br /> Contract Documents, including failure to maintain the progress of the Work in <br /> accordance with the construction schedule. Persistent failure to maintain the progress <br /> of the Work shall mean that for a period of two consecutive months following a written <br /> notice from the City's Representative or City, the Contractor fails to correct a behind- <br /> schedule condition at a rate that would reasonably indicate that it will finish the Project <br /> on schedule. <br /> 4. Disregard of authority of the City or City's Representative or the laws of any public <br /> body having jurisdiction. <br /> 5. Liquidated damages. <br /> 6. Misrepresentation of the quality of materials or Equipment installed, or amount of Work <br /> performed. <br /> 7. Discovery that a previous pay estimate erred with respect to the amount of Work <br /> performed or Equipment or materials installed, irrespective of the City's <br /> Representative's recommendation at the time of the progress pay estimate. <br /> The City may refuse to make payment of the full amount recommended by the City's <br /> Representative because of Contract Claims made against the City on account of Contractor's <br /> performance or furnishing the Work or because of liens filed in connection with the Work or other <br /> set offs entitling City to reduce the amount recommended. In such case, the City shall give <br /> Contractor prompt written notice with copy to the City's Representative stating the reasons for <br /> each action. <br /> 1-09.9(4) Final Payment Procedure <br /> Upon receipt of Contractor's written Notice that the Work is ready for final inspection and <br /> acceptance and upon receipt of a Final Contract Voucher Certification, the City's Representative <br /> will inspect the Work. If the City's Representative finds the Work acceptable under the Contract <br /> Documents and the Contract fully performed and if the Contractor has signed a Final Contract <br /> SEI to SRI Intertie,SRO8 Rehab Division 1 —GENERAL REQUIREMENTS WO No.—UP3714 <br /> SP-108 <br />