Quilceda Excavation 8/1/2022 - Laserfiche WebLink

CITY OF EVERETT SPECIAL PROVISIONS Equipment and material shall be suitably and safely stored at the site of the Work. Payment requests shall summarize accepted operating and maintenance material with request for Equipment payment. , A progress payment is preliminary only. By making a progress payment, the City does not waive or release its right, nor is it estopped from asserting, that previous progress payments were not earned or were in error, whether in whole or in part. I 1.09.9(2) Review Procedures The City's Representative will review the estimate and either indicate in writing to the City his or her concurrence with the estimate and his or her recommendation that 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 ' Water Main Replacement"W" Division 1 —GENERAL REQUIREMENTS April, 2022 WO No.—UP3766 SP—114