Laserfiche WebLink
CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 129 <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 />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 />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.