Interwest Construction Inc 12/27/2018

CITY OF EVERETT SPECIAL PROVISIONS 4. Change Orders —entitlement for approved extra cost or completed extra work as determined by the Engineer. Progress payments will be made in accordance with the progress estimate less: 1. Retainage in accordance with 1-09.9(6) RETAINAGE, 2. The amount of Progress Payments previously made, and 3. Funds withheld by the City for disbursement in accordance with the Contract Documents. Progress payments for Work performed shall not be evidence of acceptable performance or an admission by the City that any Work has been satisfactorily completed. Payments will be made by warrants, issued by the City's fiscal officer, against the appropriate fund source for the Project. Payments received on account of Work performed by a Subcontractor are subject to the provisions of RCW 39.04.250. Contractor's submission of a progress pay estimate constitutes the Contractor's material representation that Contractor performed all of the Work described in the progress pay estimate during the relevant time period in a conformance with these Plans and Specifications and that the materials or Equipment for which payment is requested reasonably conform to the Specifications and are either on the job site or have been installed. If requested by the City's Representative, provide additional data ' as may be reasonably required to support the payment estimate. Additional data may include, but not be limited to, satisfactory evidence of payment for Equipment, materials and labor, including payments to Subcontractors and suppliers. Certified invoices by the suppliers shall accompany a request for payment for delivered Equipment and material. Such Equipment and material shall be suitably and safely stored at the site of the Work. Payment requests shall summarize accepted operating and maintenance material with request for Equipment payment. A progress payment is preliminary only. By making a progress payment, the City does not waive or release its right, nor is it estopped from asserting, that previous progress payments were not earned or were in error, whether in whole or in part. 1 1.09.9(2) Review Procedures The City's Representative will review the estimate and either indicate in writing to the City his or her concurrence with the estimate and his or her recommendation that payment be made, or indicate in writing to the Contractor his or her reasons for not concurring with the estimate. If the City's Representative recommends payment and the City concurs, the City will pay the Contractor a progress payment on the basis of the approved partial payment estimate, less retainage and any amounts the City may withhold pursuant to Contract or law. The recommendation of the City's Representative is not conclusive, final or binding upon the City. In the event the City's Representative does not concur with the estimate, the Contractor may make the changes necessary to obtain the City's Representative's concurrence and resubmit the partial payment estimate, or submit the original progress payment estimate directly to the City, indicating in writing its reasons for refusing to make the changes necessary to obtain concurrence. 1-09.9(3) Withholding Payment ' The City's Representative may refuse to recommend the whole or any part of any payment if in the City's Representative's opinion it would be incorrect to make such recommendation to the City. The City's Representative may also refuse to recommend any such payment, or because of subsequently discovered evidence or the result of Watermain Replacement"T" Division 1 —GENERAL REQUIREMENTS October 10, 2018 WO No—UP3684 SP—115