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I <br /> a. By the tenth day of each month, or by schedule mutually agreed upon in writing by the <br /> Contractor and Owner's Representative, the Contractor shall submit to the Owner's <br /> Representative a partial payment estimate filled out and signed by the Contractor covering <br /> acceptable Work performed during the previous month, or since the last partial payment estimate <br /> was submitted. Contractor's submission of a progress pay estimate constitutes a material <br /> representation by the Contractor that it performed all of the Work described in the progress pay <br /> estimate during the relevant time period in a workmanlike manner and that the materials for <br /> which payment is requested reasonably conform to the Specifications and are either on the job <br /> Site or have been installed. If requested by the Owner's Representative, the Contractor shall <br /> provide such additional data as may be reasonably required to support the payment estimate. <br /> Such data may include satisfactory evidence of payment for Equipment, materials and labor <br /> including payments to Subcontractors and Suppliers. Certified invoices by the Suppliers shall <br /> accompany a request for payment for delivered Equipment and material. Such Equipment and <br /> material shall be suitably and safely stored at the Site of the Work. Payment requests shall <br /> summarize accepted operating and maintenance material with request for Equipment payment. <br /> A progress payment is preliminary only. By making a progress payment, the Owner does not <br /> waive or release its right,nor is it estopped from asserting,that previous progress payments were <br /> not earned or were in error, whether in whole or in part. <br /> 2. Review Procedures: <br /> a. The Owner's Representative will review the estimate and either indicate in writing to the Owner <br /> his or her concurrence with the estimate and his or her recommendation that payment be made, <br /> or indicate in writing to the Contractor his or her reasons for not concurring with the estimate. If <br /> the Owner's Representative recommends payment and the Owner concurs, the Owner will pay <br /> the Contractor a progress payment on the basis of the approved partial payment estimate, less <br /> retainage and any amounts the Owner may withhold pursuant to Contract or law. The <br /> recommendation of the Owner's Representative is not conclusive, final or binding upon the <br /> Owner. <br /> b. In the event the Owner's Representative does not concur with the estimate, the Contractor may <br /> make the changes necessary to obtain the Owner's Representative's concurrence and resubmit <br /> the partial payment estimate, or submit the original progress payment estimate directly to the <br /> Owner, indicating in writing its reasons for refusing to make the changes necessary to obtain <br /> concurrence. <br /> 3. Retained Percentage <br /> a. As provided in Retainage,the Owner will retain five percent of all progress payments. <br /> 4. Withholding <br /> a. The Owner's Representative may refuse to recommend the whole or any part of any payment if <br /> in the Owner's Representative's opinion it would be incorrect to make such recommendation to <br /> the Owner. The Owner's Representative may also refuse to recommend any such payment, or <br /> because of subsequently discovered evidence or the result of tests,may nullify any such payment <br /> previously recommended to such extent as may be necessary in the Owner's Representative's <br /> opinion to protect the Owner from loss as a 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 <br /> that for a period of two consecutive months following a written notice from the Owner's <br /> Representative or Owner, the Contractor fails to correct a behind-schedule condition at a <br /> rate that would 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 <br /> body having jurisdiction. <br /> 5) Liquidated damages. <br /> 6) Misrepresentation of the quality of materials installed or amount of Work performed. <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL CONDITIONS <br /> 00 72 13-37 Issue for Bid <br />