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CITY OF EVERETT SPECIAL PROVISIONS <br /> have been installed. If requested by the City's Representative, provide additional data <br /> as may be reasonably required to support the payment estimate. Additional data may <br /> include, but not be limited to, satisfactory evidence of payment for Equipment, <br /> materials and labor, including payments to Subcontractors and suppliers. Certified <br /> invoices by the suppliers shall accompany a request for payment for delivered <br /> Equipment and material. Such Equipment and material shall be suitably and safely <br /> stored at the site of the Work. Payment requests shall summarize accepted operating <br /> and maintenance material with 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 <br /> the City concurs, the City will pay the Contractor a progress payment on the basis of <br /> the 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 <br /> Representative is not conclusive, final or binding upon the City. <br /> In the event the City's Representative does not concur with the estimate, the <br /> Contractor may make the changes necessary to obtain the City's Representative's <br /> concurrence and resubmit the partial payment estimate, or submit the original progress <br /> payment estimate directly to the City, indicating in writing its reasons for refusing to <br /> make the changes 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 <br /> be necessary in the City's Representative's opinion to protect the City 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 <br /> the Contract Documents, including failure to maintain the progress of the <br /> Work in accordance with the construction schedule. Persistent failure to <br /> maintain the progress of the Work shall mean that for a period of two <br /> consecutive months following a written notice from the City's Representative <br /> or City, the Contractor fails to correct a behind-schedule condition at a rate <br /> that would reasonably indicate that it will finish the Project on schedule. <br /> 4. Disregard of authority of the City or City's Representative or the laws of any <br /> public body having jurisdiction. <br /> 5. Liquidated damages. <br /> 6. Misrepresentation of the quality of materials or Equipment installed or amount <br /> of Work performed. <br /> Sewer Regulators R4 and Division 1 —GENERAL REQUIREMENTS May 2017 <br /> R39 Modifications <br /> WO No—UP3633 SP-114 ' <br />