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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <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 /> 7. Discovery that a previous pay estimate erred with respect to the amount of <br /> Work performed or Equipment or materials installed, irrespective of the City's <br /> Representative's recommendation at the time of the progress pay estimate. <br /> The City may refuse to make payment of the full amount recommended by the City's <br /> Representative because of Contract Claims made against the City on account of <br /> Contractor's performance or furnishing the Work or because of liens filed in connection <br /> with the Work or other set offs entitling City to reduce the amount recommended. In <br /> such case, the City shall give Contractor prompt written notice with copy to the City's <br /> Representative stating the reasons for each action. <br /> 1-09.9(4) Final Payment Procedure <br /> Upon receipt of Contractor's written Notice that the Work is ready for final inspection <br /> and acceptance and upon receipt of a Final Contract Voucher Certification, the City's <br /> Representative will inspect the Work. If the City's Representative finds the Work <br /> acceptable under the Contract Documents and the Contract fully performed and if the <br /> Contractor has signed a Final Contract Voucher Certification, the City's Representative <br /> will issue a final Certificate for Payment. The Certificate for Payment will state that to <br /> the best of the City's Representative's knowledge, information and belief, the Work <br /> appears to have been completed in accordance with terms and conditions of the <br /> Contract Documents and that the entire balance found to be due the Contractor and <br /> noted in the final Certificate is due and payable. <br /> Final payment shall not become due until the Contractor submits to the City's <br /> Representative the following; <br /> 1. an affidavit that payrolls, bills for materials and equipment, and other <br /> indebtedness connected with the Work for which the City or the City's <br /> property might be responsible or encumbered, less amounts withheld by City, <br /> have been paid or otherwise satisfied, <br /> 2. a certificate evidencing that insurance required by the Contract Documents to <br /> remain in force after final payment is currently in effect and will not be <br /> canceled or allowed to expire until at least 30 calendar days' prior written <br /> Notice has been given to the City, <br /> 3. a written statement that the Contractor knows of no substantial reason that <br /> the insurance will not be renewable to cover the period required by the <br /> Contract Documents, <br /> 4. consent of Surety, if any, to final payment, <br /> 5. request to Sublet Work Agreements for all Subcontractors, <br /> Water Main Replacement"S" Division 1 —GENERAL REQUIREMENTS January 29, 2018 <br /> WO No—UP3664 SP—110 <br /> I <br />