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I <br /> City of Everett 00 72 00 - 34 <br /> Water Filter Plant Portal 4 Improvements WO# 3755 <br /> 9.1.2.2 Review Procedures: <br /> The Owner's Representative will review the estimate and either indicate in writing to the Owner his or <br /> her concurrence with the estimate and his or her recommendation that payment be made,or indicate in <br /> writing to the Contractor his or her reasons for not concurring with the estimate. If the Owner's <br /> Representative recommends payment and the Owner concurs,the Owner will pay the Contractor a <br /> progress payment on the basis of the approved partial payment estimate,less retainage and any amounts111 <br /> the Owner may withhold pursuant to Contract or law. The recommendation of the Owner's <br /> Representative is not conclusive,final or binding upon the Owner. <br /> In the event the Owner's Representative does not concur with the estimate,the Contractor may make the <br /> changes necessary to obtain the Owner's Representative's concurrence and resubmit the partial payment <br /> estimate,or submit the original progress payment estimate directly to the Owner,indicating in writing its <br /> reasons for refusing to make the changes necessary to obtain concurrence. <br /> 9.1.2.3 Retained Percentage <br /> As provided in 9.7. Retainage,the Owner will retain five percent(5%)of all progress payments. <br /> 9.1.2.4 Withholding <br /> The Owner's Representative may refuse to recommend the whole or any part of any payment if in the <br /> Owner's Representative's opinion it would be incorrect to make such recommendation to the Owner. The <br /> Owner's Representative may also refuse to recommend any such payment, or because of subsequently <br /> discovered evidence or the result of tests,may nullify any such payment previously recommended to such <br /> extent as may be necessary in the Owner's Representative's opinion to protect the Owner from loss as a <br /> result of: <br /> 1. Defective or damaged Work. <br /> 2. A deductive Change Order. I <br /> 3. Persistent failure of the Contractor to perform the Work in accordance with the Contract <br /> Documents, including failure to maintain the progress of the Work in accordance with the <br /> construction schedule. Persistent failure to maintain the progress of the Work shall mean that for <br /> a period of two consecutive months following a written notice from the Owner's Representative <br /> or Owner,the Contractor fails to correct a behind-schedule condition at a rate that would <br /> reasonably indicate that he or she will finish the Project on schedule. I <br /> 4. Disregard of authority of the Owner or Owner's Representative or the laws of any public body <br /> having jurisdiction. <br /> 5. Liquidated damages. I <br /> 6. Misrepresentation of the quality of materials installed or amount of Work performed. <br /> 7. Discovery that a previous pay estimate erred with respect to the amount of Work performed or <br /> materials installed,irrespective of the Owner's Representative's recommendation at the time of <br /> the progress pay estimate. <br /> 8. Any other event that consists of a default under Section 5.4.1 of these General Conditions. I <br /> The Owner may refuse to make payment of the full amount recommended by the Owner's Representative <br /> because of Contract Claims made against the Owner on account of Contractor's performance or furnishing <br /> the Work or because of liens filed in connection with the Work or other set offs entitling Owner to reduce <br /> the amount recommended. In such case,the Owner shall give Contractor prompt written notice with copy <br /> to the Owner's Representative stating the reasons for each action. I <br /> I <br /> 00 72 00 - 34 GENERAL CONDITIONS <br />