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City of Everett 00 72 00 - 32 <br />PGSF WMVD Storm and Combined Sewer - Construction Package 2 WO# UP-3815-02 <br /> <br /> <br />00 72 00 - 32 GENERAL CONDITIONS <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 certification or <br />any other documentation required for completion and final acceptance of the Contract, the Owner <br />reserves the right to establish a completion date (for the purpose of meeting the requirements of RCW <br />60.28) and unilaterally sign the final contract voucher certification and accept the Contract. Unilateral <br />final acceptance will occur only after the Contractor has been provided the opportunity, by written request <br />from the Owner, to voluntarily submit such documents. The date the City Council accepts the Work shall <br />constitute the completion date and the final acceptance date. Unilateral final acceptance of the Contract <br />by the Owner does not in any way relieve the Contractor of its responsibility to comply with all Federal, <br />State, tribal, or local laws, ordinances, and regulations that affect the Work under the Contract. <br />Final payment shall not become due until the Contractor, unless otherwise determined by the Owner, <br />submits to the Owner’s Representative: (1) an affidavit that payrolls, bills for materials and Equipment, <br />and other indebtedness connected with the Work for which the Owner or the Owner's property might be <br />responsible or encumbered, less amounts withheld by Owner, have been paid or otherwise satisfied; (2) a <br />certificate evidencing that insurance required by the Contract Documents to remain in force after final <br />payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' <br />prior written Notice has been given to the Owner; (3) a written statement that the Contractor knows of no <br />substantial reason that the insurance will not be renewable to cover the period required by the Contract <br />Documents; (4) consent of surety, if any, to final payment; and (5) if required by the Owner, other data <br />establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, <br />security interests or encumbrances arising out of the Contract, to the extent and in such form as may be