KLB CONSTRUCTION INC. 6/23/2010 - Laserfiche WebLink

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 recommendation of the Owner's Representative is not conclusive, final or binding upon the Owner. In the event the Owner's Representative does not concur with the estimate, the Contractor may make the changes necessary to obtain the Owner's Representative's concurrence and resubmit the partial payment estimate, or submit the original progress payment estimate directly to the Owner, indicating in writing its reasons for refusing to make the changes necessary to obtain concurrence. I 9.1.2.3 Retained Percentage As provided in section 9.7. Retainage the Owner will retain five percent (5%) of all progress payments. 9.1.2.4 Withholding The Owner's Representative may refuse to recommend the whole or any part of any payment if in the Owner's Representative's opinion it would be incorrect to make such recommendation to the Owner. The Owner's Representative may also refuse to recommend any such payment, or because of subsequently discovered evidence or the result of tests, may nullify any such payment previously recommended to such extent as may be necessary in the Owner's Representative's opinion to protect the Owner from loss as a result of: I 1. Defective or damaged work. 2. A deductive Change Order. 3. Persistent failure of the Contractor to perform the work in accordance with the Contract Documents, including failure to maintain the progress of the work in accordance with the construction schedule. Persistent failure to maintain the progress of the work shall mean that for a period of two consecutive months following a written Notice from the Owner's Representative or Owner, the Contractor fails to correct a behind-schedule condition at a rate that would reasonably indicate that he or she will finish the Project on schedule. 4. Disregard of authority of the Owner or Owner's Representative or the laws of any public , body having jurisdiction. EVERETT RIVERFRONT SURCHARGE GENERAL CONDITIONS I PHASE 3 00710-30