Bid #01-1112 Library and Reprographics Roofing ... - Citrus College

Breakdown to the District for review and approval together with the requested data and documentation. The
foregoing procedure for the preparation, review and approval of the Cost Breakdown shall continue until the District
has approved of the entirety of the Cost Breakdown. Once the Cost Breakdown is approved by the District, the Cost
Breakdown shall not be thereafter modified or amended by the Contractor without the prior consent and approval of
the District, which may be granted or withheld in the sole reasonable discretion of the District. Notwithstanding any
provision of the Contract Documents to the contrary, payment of the Contractor's overhead, supervision and
general conditions costs and profit, as such items are reflected in the Cost Breakdown, shall be made incrementally
as included in the activities included in the Approved Construction Schedule.
8.3 Progress Payments
8.3.1 Applications for Progress Payments. During the Contractor's performance of the Work, the
Contractor shall submit monthly, on the first working day of each month, to the Project Manager,
Applications for Progress Payments, on forms approved by the District, setting forth an itemized estimate of
Work completed in the preceding month. Values utilized in the Applications for Progress Payments shall be
based upon the proper updating of the Approved Construction Schedule. The Cost Breakdown and/or
Approved Cost Loaded Construction Schedule, pursuant to Article 8.2 above, and such values shall be only
for determining the basis of Progress payments to the Contractor, and shall not be considered as fixing a
basis for adjustments, whether additive or deductive, to the Contract Price.
8.3.2 District's Review of Applications for Progress Payments. In accordance with Public Contract
Code §20104.50, upon receipt of an Application for Progress Payment, the Project Manager, the District’s
Inspector, and the Architect shall review the Application. Such review shall be for the purpose of
determining that the Application for Progress Payment is a proper Progress Payment request. For
purposes of this Article 8.3.2, an Application for Progress Payment shall be deemed "proper" only if it is
submitted on the properly completed form approved by the District, and accompanied by:
(i) the Application submitted by the Contractor shall be consistent with and accompanied by the
updated Approved Construction Schedule;
(ii) weekly Certified Payroll Records (“CPRs”) of the Contractor and all Subcontractors, of any tier, for
laborers performing any portion of the Work for which a Progress Payment is included. The
District shall not make any payment to Contractor until (a) Contractor and/or its Subcontractor(s)
provide CPRs acceptable to the District, and (b) the District is given sufficient time to review and/or
audit the CPRs to determine their acceptability. Any delay in Contractor and/or its Subcontractor(s)
providing CPRs to the District in a timely manner will delay the District’s review and/or audit of the
CPRs and Contractor’s payment;
(iii) duly completed and executed forms of Conditional Waiver and Release of Rights Upon Progress
Payment in accordance with California Civil Code §3262 of the Contractor, all Subcontractors of
any tier, and Material Suppliers covering the Progress Payment requested;
(iv) duly completed and executed forms of Unconditional Waiver and Release of Rights upon Progress
Payment in accordance with California Civil Code §3262 of the Contractor, all Subcontractors of
any tier, and Material Suppliers covering the Progress Payment received by the Contractor under
the prior Application for Progress Payment;
(v) all documents required pursuant to the District’s Labor Compliance Program; and
(vi) updated Record Documents reflecting the actual as-built conditions of the Work performed, as
reviewed by the Architect.
In accordance with Public Contract Code §20104.50, an Application for Progress Payment determined by
the District not to be a proper Application for Progress Payment shall be returned by the District to the
Contractor as soon as is practicable after receipt of the same from the Contractor, but in no event not more
than seven (7) days after the District's receipt thereof. The District's return of any Application for Progress
Citrus Community College District Bid Due Date: November 15, 2011 at 3:00: p.m.
Bid #01-1112 Library and Reprographics Roofing Project Page 72 of 96