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City of Everett 00 72 00 - 34 <br />Port Gardner Storage Facility - Demolition Package WO# UP-3525 <br />00 72 00 - 34 GENERAL CONDITIONS <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 amounts <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. <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. <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. <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. <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.