Rodarte Construction Inc 2/14/2018

I CITY OF EVERETT PUBLIC WORKS 00 72 13 SPECIAL PROVISIONS GENERAL CONDITIONS a. The Owner's Representative may refuse to recommend the whole or any part of any payment if in the Owner's Representative's opinion it would be incorrect to make such recommendation to the Owner. The Owner's Representative may also refuse to recommend any such payment, or because of subsequently discovered evidence or the result of tests, may nullify any such payment previously recommended to such extent as may be necessary in the Owner's Representative's opinion to protect the Owner from loss as a result of: 1) Defective or damaged Work. 2) A deductive Change Order. 3) Persistent failure of the Contractor to perform the Work in accordance with the Contract Documents, including failure to maintain the progress of the Work in accordance with the construction schedule. Persistent failure to maintain the progress of the Work shall mean that for a period of two consecutive months following a written notice from the Owner's Representative or Owner, the Contractor fails to correct a behind-schedule condition at a rate that would reasonably indicate that he or she will finish the Project on schedule. 4) Disregard of authority of the Owner or Owner's Representative or the laws of any public body having jurisdiction. 5) Liquidated damages. 6) Misrepresentation of the quality of materials installed or amount of Work performed. 7) Discovery that a previous pay estimate erred with respect to the amount of Work performed or materials installed, irrespective of the Owner's Representative's recommendation at the time of the progress pay estimate. b. The Owner may refuse to make payment of the full amount recommended by the Owner's Representative because of Contract Claims made against the Owner on account of Contractor's performance or furnishing the Work or because of liens filed in connection with the Work or other set offs entitling Owner to reduce the amount recommended. In such case, the Owner shall give Contractor prompt written notice with copy to the Owner's Representative stating the reasons for each action. 5. Final Payment I a. Upon receipt of Contractor's written Notice that the Work is ready for fmal inspection and acceptance and upon receipt.of a final Application for Payment, the Owner's Representative will inspect the Work. If the Owner's Representative finds the Work acceptable under the Contract Documents and the Contract fully performed and if the Contractor has signed a final contract voucher, the Owner's Representative will issue a final certificate for payment. The certificate for payment will state that to the best of the 111 Owner's Representative's knowledge, information and belief, the Work appears to have been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final certificate is due and payable. b. Final payment shall not become due until the Contractor submits to the Owner's Representative; (1) an affidavit that payrolls, bills for materials and Equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered, less amounts withheld by Owner, have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written Notice has been given to the Owner; (3) a written statement that the Contractor knows Legion Golf Course Stormwater Detention Project November 28, 2017 WO#UP3620 00 72 13 -40 1