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CITY OF EVERETT SPECIAL PROVISIONS <br />LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 <br />WO No – UP3529 SP – 122 <br />1. Retainage in accordance with 1-09.9(6) RETAINAGE, <br />2. The amount of Progress Payments previously made, and <br />3. Funds withheld by the City for disbursement in accordance with the Contract <br />Documents. <br />Progress payments for Work performed shall not be evidence of acceptable <br />performance or an admission by the City that any Work has been satisfactorily <br />completed. <br />Payments will be made by warrants, issued by the City’s fiscal officer, against the <br />appropriate fund source for the Project. Payments received on account of Work <br />performed by a Subcontractor are subject to the provisions of RCW 39.04.250. <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.