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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 <br />Work Order No. UP 3814 SP-126 <br />Plans and Specifications and that the materials or Equipment for which payment is <br />requested reasonably conform to the Specifications and are either on the job site or <br />have been installed. If requested by the City’s Representative, provide additional data <br />as may be reasonably required to support the payment estimate. Additional data may <br />include, but not be limited to, satisfactory evidence of payment for Equipment, <br />materials and labor, including payments to Subcontractors and suppliers. Certified <br />invoices by the suppliers shall accompany a request for payment for delivered <br />Equipment and material. Such Equipment and material shall be suitably and safely <br />stored at the site of the Work. Payment requests shall summarize accepted operating <br />and maintenance material with request for Equipment payment. <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 <br />the City concurs, the City will pay the Contractor a progress payment on the basis of <br />the 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 <br />Contractor may make the changes necessary to obtain the City’s Representative's <br />concurrence and resubmit the partial payment estimate, or submit the original progress <br />payment estimate directly to the City, indicating in writing its reasons for refusing to <br />make the changes 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 <br />be necessary in the City’s Representative's opinion to protect the City 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 <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.