IMCO General Construction, Inc. 8/28/2024

Section 00 72 00 GENERAL CONDITIONS City of Everett 00 72 00-33 June 2024 WFP Air Scour Blower Building Replacement Issued for Bid UP3813 Contractor’s obligations under this Paragraph 8.10 are in addition to any other obligation, guarantee or warranty. The provisions of this Paragraph 8.10 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 9. MEASUREMENT AND PAYMENT 9.1. PAYMENTS TO CONTRACTOR 9.1.1. Schedule of Values The Contractor shall submit a Schedule of Values at least fifteen (15) days prior to submitting its first Application for Payment. If the Project contains Unit Price Work, in whole or in part, then the Schedule of Values for that portion of the Work shall also be based on unit prices. If the Bid form calls for a lump sum price, in whole or in part, then the Schedule of Values shall: reasonably allocate the Contract Sum among the various portions of the Work; be complete; be organized to include detailed breakdown of each major unit of the Work; be organized to correspond to Contractor’s schedule; break down the Contract Sum showing the value assigned to each part of the Work; include an allowance for profit and Overhead; include Unit Price Work, if and to the extent indicated on the Bid form; be so organized as to facilitate assessment of work and payment of Subcontractors; and be balanced. To the greatest extent possible, the breakdown shall use the same tasks or units as the Contractor’s schedule. Contractor shall provide documentation substantiating the cost allocation if asked by the Owner’s Representative. Upon acceptance of the Schedule of Values by the Owner’s Representative, it shall be used as a basis for all requests for payment. 9.1.2. Progress Payments 9.1.2.1 Payment Request Procedures By the tenth day of each month, or by schedule mutually agreed upon in writing by the Contractor and Owner’s Representative, the Contractor shall submit to the Owner’s Representative a partial payment estimate filled out and signed by the Contractor covering acceptable Work performed during the previous month, or since the last partial payment estimate was submitted. Contractor’s submission of a progress pay estimate constitutes a material representation by the Contractor that it performed all of the Work described in the progress pay estimate during the relevant time period in a workmanlike manner and that the materials 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 Owner’s Representative, the Contractor shall provide such additional data as may be reasonably required to support the payment estimate. Such data may include 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 Owner 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. 9.1.2.2 Review Procedures The Owner’s Representative will review the estimate and either indicate in writing to the Owner 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 Owner’s Representative recommends payment and the Owner concurs, the Owner will pay the Contractor a progress payment on the basis of the approved partial payment estimate, less retainage and any amounts the Owner may withhold pursuant to Contract or law. The