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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-85 <br />Contractor’s submission of a progress pay estimate constitutes the Contractor’s material <br />representation that Contractor performed all of the Work described in the progress pay <br />estimate during the relevant time period in a conformance with these Plans and <br />Specifications and that the materials or Equipment for which payment is requested <br />reasonably conform to the Specifications and are either on the job site or have been <br />installed. If requested by the City’s Representative, provide additional data as may be <br />reasonably required to support the payment estimate. Additional data may include, but <br />not be limited to, satisfactory evidence of payment for Equipment, materials and labor, <br />including payments to Subcontractors and suppliers. Certified invoices by the suppliers <br />shall accompany a request for payment for delivered Equipment and material. Such <br />Equipment and material shall be suitably and safely stored at the site of the Work. <br />Payment requests shall summarize accepted operating and maintenance material with <br />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 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 the <br />Contract Documents, including failure to maintain the progress of the Work in <br />accordance with the construction schedule. Persistent failure to maintain the <br />progress of the Work shall mean that for a period of two consecutive months <br />following a written notice from the City’s Representative or City, the Contractor <br />fails to correct a behind-schedule condition at a rate that would reasonably <br />indicate that it will finish the Project on schedule.