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City of Everett 00 72 00 - 34 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 72 00 - 34 GENERAL CONDITIONS <br />9. MEASUREMENT AND PAYMENT <br />9.1. PAYMENTS TO CONTRACTOR <br />9.1.1. Schedule of Values <br />The Contractor shall submit a Schedule of Values at least fifteen (15) days prior to submitting its first <br />Application for Payment. If the Project contains Unit Price Work, in whole or in part, then the Schedule <br />of Values for that portion of the Work shall also be based on unit prices. If the Bid form calls for a lump <br />sum price, in whole or in part, then the Schedule of Values shall: reasonably allocate the Contract Sum <br />among the various portions of the Work; be complete; be organized to include detailed breakdown of each <br />major unit of the Work; be organized to correspond to Contractor’s schedule; break down the Contract <br />Sum showing the value assigned to each part of the Work; include an allowance for profit and Overhead; <br />include Unit Price Work, if and to the extent indicated on the Bid form; be so organized as to facilitate <br />assessment of work and payment of Subcontractors; and be balanced. To the greatest extent possible, the <br />breakdown shall use the same tasks or units as the Contractor’s schedule. Contractor shall provide <br />documentation substantiating the cost allocation if asked by the Owner’s Representative. Upon <br />acceptance of the Schedule of Values by the Owner’s Representative, it shall be used as a basis for all <br />requests for payment. <br />9.1.2. Progress Payments <br />9.1.2.1 Payment Request Procedures: <br />By the tenth day of each month, or by schedule mutually agreed upon in writing by the Contractor and <br />Owner’s Representative, the Contractor shall submit to the Owner’s Representative a partial payment <br />estimate filled out and signed by the Contractor covering acceptable Work performed during the previous <br />month, or since the last partial payment estimate was submitted. Contractor’s submission of a progress <br />pay estimate constitutes a material representation by the Contractor that it performed all of the Work <br />described in the progress pay estimate during the relevant time period in a workmanlike manner and that <br />the materials for which payment is requested reasonably conform to the Specifications and are either on <br />the job 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. Such data <br />may include satisfactory evidence of payment for Equipment, materials and labor including payments to <br />Subcontractors and Suppliers. Certified invoices by the Suppliers shall accompany a request for payment <br />for delivered Equipment and material. Such Equipment and material shall be suitably and safely stored at <br />the Site of the Work. Payment requests shall summarize accepted operating and maintenance material <br />with request for Equipment payment. A progress payment is preliminary only. By making a progress <br />payment, the Owner does not waive or release its right, nor is it estopped from asserting, that previous <br />progress payments were not earned or were in error, whether in whole or in part. <br />9.1.2.2 Review Procedures <br />The Owner’s Representative will review the estimate and either indicate in writing to the Owner his or <br />her concurrence with the estimate and his or her recommendation that payment be made, or indicate in <br />writing to the Contractor his or her reasons for not concurring with the estimate. If the Owner’s <br />Representative recommends payment and the Owner concurs, the Owner will pay the Contractor a <br />progress payment on the basis of the approved partial payment estimate, less retainage and any amounts <br />the Owner may withhold pursuant to Contract or law. The recommendation of the Owner’s <br />Representative is not conclusive, final or binding upon the Owner. <br />In the event the Owner’s Representative does not concur with the estimate, the Contractor may make the <br />changes necessary to obtain the Owner’s Representative's concurrence and resubmit the partial payment <br />estimate, or submit the original progress payment estimate directly to the Owner, indicating in writing its <br />reasons for refusing to make the changes necessary to obtain concurrence.