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Section 00 72 00 GENERAL CONDITIONS <br /> <br />City of Everett 00 72 00-34 June 2024 <br />WFP Air Scour Blower Building Replacement Issued for Bid <br />UP3813 <br />recommendation of the Owner’s Representative is not conclusive, final or binding upon the <br />Owner. <br />In the event the Owner’s Representative does not concur with the estimate, the Contractor may <br />make the changes necessary to obtain the Owner’s Representative's concurrence and resubmit <br />the partial payment estimate, or submit the original progress payment estimate directly to the <br />Owner, indicating in writing its reasons for refusing to make the changes necessary to obtain <br />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 <br />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 <br />in the Owner’s Representative's opinion it would be incorrect to make such recommendation to <br />the Owner. The Owner’s Representative may also refuse to recommend any such payment, or <br />because of subsequently discovered evidence or the result of tests, may nullify any such <br />payment previously recommended to such extent as may be necessary in the Owner’s <br />Representative's opinion to protect the Owner from loss as a 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 <br />that for a period of two consecutive months following a written notice from the Owner’s <br />Representative or Owner, the Contractor fails to correct a behind-schedule condition at a <br />rate that would 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 <br />body 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 <br />performed or materials installed, irrespective of the Owner’s Representative’s <br />recommendation at the time of the progress pay estimate. <br />8. Any other event that consists of a default under Section 5.4.1 of these General <br />Conditions. <br />The Owner may refuse to make payment of the full amount recommended by the Owner’s <br />Representative because of Contract Claims made against the Owner on account of Contractor's <br />performance or furnishing the Work or because of liens filed in connection with the Work or <br />other set offs entitling Owner to reduce the amount recommended. In such case, the Owner <br />shall give Contractor prompt written notice with copy to the Owner’s Representative stating the <br />reasons for each action. <br />9.1.3. Final Payment <br />Upon receipt of Contractor’s written Notice that the Work is ready for final inspection and <br />acceptance and upon receipt of a final Application for Payment, the Owner’s Representative will <br />inspect the Work. If the Owner’s Representative finds the Work acceptable under the Contract <br />Documents and the Contract fully performed and if the Contractor has signed a final contract <br />voucher in the form provided by the City, the Owner’s Representative will issue a final certificate