American Process Group Inc 7/9/2019

City of Everett 00 7200-29 2019 Biosolids Removal UT3705-2 If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where Delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and ' damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of Work of others)will be paid by Contractor. The Owner is hereby authorized to make such repairs if,ten(10) days after giving of such notice to the Contractor,the Contractor has failed to make or undertake the repairs with due diligence. In case of an emergency where, in the opinion of the Owner, Delay could cause serious loss or damage, repairs may be made prior to or concurrent with notice being sent to the Contractor. All expenses in connection with such repairs will be charged to the Contractor. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work,the correction period for that item may start to run from an earlier ' date if so provided in the Specifications. Where defective Work(and damage to other Work resulting there from)has been corrected or removed and replaced under this Paragraph 8.7,the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. Contractor's obligations under this Paragraph 8.10 are in addition to any other obligation 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 I - 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 ' 00 7200 - 29 GENERAL CONDITIONS