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City of Everett 00 72 00 - 32 <br /> <br /> <br /> <br />00 72 00 - 32 GENERAL CONDITIONS <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 /> <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. <br />9.1.3. Final Payment <br />Upon receipt of Contractor’s written Notice that the Work is ready for final inspection and acceptance and <br />upon receipt of a final Application for Payment, the Owner’s Representative will inspect the Work. If the <br />Owner’s Representative finds the Work acceptable under the Contract Documents and the Contract fully <br />performed and if the Contractor has signed a final contract voucher certification in the form provided by <br />the Owner, the Owner’s Representative will issue a final certificate for payment. The certificate for <br />payment (or certificate of completion) will state that to the best of the Owner’s Representative's <br />knowledge, the Work appears to have been completed in accordance with the plans and specifications. <br />If the Contractor fails, refuses, or is unable to sign and return the final contract voucher <br />certification or any other documentation required for completion and final acceptance of the <br />Contract, the Owner reserves the right to establish a completion date (for the purpose of meeting <br />the requirements of RCW 60.28) and unilaterally sign the final contract voucher certification and <br />accept the Contract. Unilateral final acceptance will occur only after the Contractor has been <br />provided the opportunity, by written request from the Owner, to voluntarily submit such <br />documents. The date the City Council accepts the Work shall constitute the completion date and