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13 <br />Progressive Design Build Contract <br /> <br /> <br />Article 8 <br />Procedure for Payment <br />8.1 Phase 1 Payments. Phase 1 Work shall be paid by Owner based on the not-to-exceed Phase 1 <br />Price at the all-inclusive billing rates and labor categories set forth herein and as may be established in a <br />Phase 1 Amendment. All-inclusive billing rates and labor categories shall not be subject to any overtime <br />pay obligations incurred by Design-Builder nor any rate increases during Phase 1. <br /> <br />8.1.1 Phase 1 Work may be invoiced to Owner on a monthly basis on the day agreed to during <br />Partnering activities. Application for payment will be based on cost incurred during the previous <br />billing cycle. Draft applications for payment will be reviewed and agreed during weekly project <br />meetings to ensure that costs and expenses are paid as incurred and not held until a later billing <br />period. <br /> <br />8.2 Phase 2 Payments. <br /> <br />8.2.1 Progress payments will be made monthly for work duly certified, approved, and performed <br />during the calendar month preceding the Application in accordance with the following procedure, <br />which shall be in accordance with the current City of Everett Construction Management Payment <br />Schedule: <br /> <br />8.2.1.1 Draft Application. Design-Builder shall submit to Owner an accounting of the <br />current progress of the Work as compared to Design-Builder's Master Project Schedule, <br />and a draft, itemized application for payment for work performed during the current <br />payment period on a form supplied or approved by Owner. This shall not constitute a <br />payment request. Design-Builder and Owner shall discuss regarding the current progress <br />of the Work and the amount of payment to which Design-Builder is entitled. Owner may <br />on occasion request Design-Builder to provide data substantiating Design-Builder's right to <br />payment, such as, but not limited to copies of invoices from Subcontractors of any tier, and <br />reflecting retainage as provided elsewhere in the Contract Documents. <br /> <br />8.2.1.2 Payment Request. After Design-Builder and Owner have met and agreed <br />regarding the updated draft application, and Design-Builder has furnished all progress <br />information required and all data requested by Owner under 8.2.1.1 above, Design-Builder <br />shall submit Design-Builder’s Application for Payment for Work completed during the <br />previous month in accordance with Article 6 of the General Conditions on a form supplied <br />or approved by Owner. Among other things, the Application shall attest those prevailing <br />wages have been paid in accordance with the pre-filed statements of intent to pay <br />prevailing wages on file with Owner and that all payments due Subcontractors of any tier <br />from Owner's payment the prior month have been made. <br /> <br />8.2.1.3 Disputed Amounts. If Design-Builder believes it is entitled to payment for <br />Work performed during the prior billing cycle in addition to the agreed-upon amount, <br />Design-Builder may, submit to Owner along with the approved payment request a separate <br />written payment request specifying the exact additional amount due, the category in the <br />Schedule of Values in which the payment is due, the specific Work for which the additional <br />amount is due, and why the additional payment is due. Furthermore, Design-Builder and <br />all Subcontractors shall file with Owner certified copies of all payroll records relating to the <br />additional amount due. Disputed Amounts are due ten (10) working days following the <br />prior approved Payment Application. <br /> <br />8.2.1.4 Validity of Payment Requests. A payment request shall not be valid unless <br />it complies with the requirements of the Contract Documents. <br />