Laserfiche WebLink
1 <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> A progress payment is preliminary only. By making a progress payment, the City does <br /> not waive or release its right, nor is it estopped from asserting, that previous progress <br /> payments were not earned or were in error, whether in whole or in part. <br /> 1.09.9(2) Review Procedures <br /> The City's Representative will review the estimate and either indicate in writing to the <br /> City his or her concurrence with the estimate and his or her recommendation that <br /> payment be made, or indicate in writing to the Contractor his or her reasons for not <br /> concurring with the estimate. If the City's Representative recommends payment and the <br /> City concurs, the City will pay the Contractor a progress payment on the basis of the <br /> approved partial payment estimate, less retainage and any amounts the City may <br /> 111 withhold pursuant to Contract or law. The recommendation of the City's Representative <br /> 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 <br /> may make the changes necessary to obtain the City's Representative's concurrence and <br /> resubmit the partial payment estimate, or submit the original progress payment estimate <br /> directly to the City, indicating in writing its reasons for refusing to make the changes <br /> necessary to obtain concurrence. <br /> 111 <br /> 1-09.9(3) Withholding Payment <br /> The City's Representative may refuse to recommend the whole or any part of any <br /> payment if in the City's Representative's opinion it would be incorrect to make such <br /> recommendation to the City. The City's Representative may also refuse to recommend <br /> any such payment, or because of subsequently discovered evidence or the result of <br /> tests, may nullify any such payment previously recommended to such extent as may be <br /> necessary in the City's Representative's opinion to protect the City from loss as a result <br /> 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 <br /> the Contract Documents, including failure to maintain the progress of the <br /> Work in accordance with the construction schedule. Persistent failure to <br /> maintain the progress of the Work shall mean that for a period of two <br /> consecutive months following a written notice from the City's Representative <br /> or City, the Contractor fails to correct a behind-schedule condition at a rate <br /> that would reasonably indicate that it will finish the Project on schedule. <br /> 4. Disregard of authority of the City or City's Representative or the laws of any <br /> public body having jurisdiction. <br /> 5. Liquidated damages. <br /> 6. Misrepresentation of the quality of materials or Equipment installed or amount <br /> of Work performed. <br /> 7. Discovery that a previous pay estimate erred with respect to the amount of <br /> Work 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 <br /> Contractor's performance or furnishing the Work or because of liens filed in connection <br /> with the Work or other set offs entitling City to reduce the amount recommended. In <br /> such case, the City shall give Contractor prompt written notice with copy to the City's <br /> Representative stating the reasons for each action. <br /> Water Main Replacement"V" Division 1 —GENERAL REQUIREMENTS April,2021 <br /> WO No—UP3730 SP—111 <br /> I <br />