ATTACHMENT E BILLING PROCEDURES

Transcription

1 Job Name Job Location SWINERTON Job No. IF CHECKED, TEXTURA IS NOT USED ON THIS PROJECT A. Progress Payments ATTACHMENT E BILLING PROCEDURES All billings for work performed during the period of the 1st day of the month to the last day of the same month shall be made by the: 25 th of the current month (Textura is used on the Project). 20 th of the current month (Textura is NOT used on the Project). Unless otherwise directed or authorized, in writing by SWINERTON, all applications for payment and supporting documents, (including but not limited to lien releases, sworn statements, and the like) for Subcontractor, shall be in electronic format and shall be submitted to SWINERTON using the Textura payment management system prescribed by Contractor. Subcontractor shall be responsible for the fees and costs owed associated with Subcontractor s use of the Textura payment management system, and is responsible for confirming with Textura the costs that will be associated with billing for this Project. Textura can be reached at (866) or visit the website at If Textura is NOT used on the Project, all applications for payment and supporting documents for Subcontractor, shall be submitted electronically to NO OTHER FORM OF PAYMENT REQUEST WILL BE ACCEPTED. Payment requests received after the due date will be processed the following pay period. (See also Terms and Conditions Section 6(c). B. Lien Release The following lien releases will be required: a. Conditional Waiver and Release Upon Progress Payment form provided by Textura, or if Textura is not being used, in the format provided in Exhibit E-2, is to be submitted with each progress payment request except for the final request. b. Unconditional Waiver and Release Upon Progress Payment form provided by Textura, or if Textura is not being used, in the format provided in Exhibit E-3, is to be submitted after receipt of each progress payment except for the final payment. c. Conditional Waiver and Release Upon Final Payment form provided by Textura, or if Textura is not being used, in the format provided in Exhibit E-4, and Guarantee and Warranty form provided by Textura, or if Textura is not being, used in the format provided in Exhibit E-6, are to be submitted with the final payment request. d. Unconditional Waiver and Release Upon Final Payment form provided by Textura, or if Textura is not being used, in the format provided in Exhibit E-5, is to be submitted upon receipt of final payment. e. Sworn Statement of Subcontractor form provided by Textura, or if Textura is not being used, in the format provided in Exhibit E-1. Attachment E Billing Procedures Page 1 of 17 REV 01/12

2 Job Name Job Location SWINERTON Job No. NOTES: Textura currently requires that Unconditional Releases be provided PRIOR to release of payment to Subcontractor. IT IS UNDERSTOOD THAT A CONDITION PRECEDENT TO ANY UNCONDITIONAL WAIVER AND RELEASE ACTUALLY BECOMING EFFECTIVE IS THE ACTUAL PAYMENT OF THE FUNDS THAT ARE SUBJECT OF ANY SUCH UNCONDITIONAL WAIVER AND RELEASE TO SUBCONTRACTOR, AND THAT UNTIL THEN THE UNCONDITIONAL WAIVER AND RELEASE IS ESSENTIALLY BEING HELD IN TRUST BY TEXTURA. IF CONTRACTOR DOES NOT ACTUALLY MAKE THE SUBJECT PAYMENT TO SUBCONTRACTOR THEN THE UNCONDITIONAL WAIVER AND RELEASE SHALL BE INEFFECTIVE. C. Retention Prior to release of final payment to Subcontractor, Unconditional Waiver and Release Upon Final Payment lien release must be submitted for all sub-subcontractors and suppliers. An amount equivalent to ten percent (10%) of the amount shown to be due the Subcontractor on each estimate shall be withheld from the progress of the work. The Subcontractor s percent of retention will be reduced equivalent to any reduction received by the Contractor from the Owner. D. Contract Cost Breakdown 1. A Subcontract Schedule of Values, in a form directed by contractor, is to be completed electronically using the Textura payment management system proscribed by SWINERTON, or by hardcopy if Textura is not being used on the Project. 2. A Line Item titled Close-out is to be included and carry a value of 5% of the subcontract amount. A Line Item titled Record Document is to be included and carry a value of 5% of the subcontract amount. Subcontractor is to submit proposed format for Owner and SWINERTON acceptance no later than one month prior to first Progress Payment Request. Insurance and Bonds Payments cannot be made to Subcontractor unless properly executed Insurance Certificate, and Payment and Performance Bonds (if applicable) have been submitted on SWINERTON standard forms and have been kept current and in good standing. See Attachment A of the Subcontract Agreement, and also Terms and Conditions Sections 6, 8 and 9. E. Stored Materials Payment of stored materials will be considered on an individual basis and is subject to Owner s approval. Payment for materials not stored at the jobsite will be considered if request is accompanied by evidence of insurance and bonding. Furnish copies of shipping tags for stored materials as back up to the amount of your request. SWINERTON may choose to inspect the stored materials as a payment review step. The Subcontractor will be reimbursed for the value of the stored material only with no profit mark-up. The Owner is paying for an installed product and therefore will only recognize profit once the material is installed. See also Terms and Conditions Section 6(e). Attachment E Billing Procedures Page 2 of 17 REV 01/12

3 Job Name Job Location SWINERTON Job No. F. Affidavit of Subcontractor (included with this Attachment E) Each month an Affidavit of Subcontractor form must be filled out completely describing on whose behalf request for payment is being made. This form is to be filled out and signed with each Progress Payment. Attachment E Billing Procedures Page 3 of 17 REV 01/12

4 BLI# PROGRESS PAYMENT REQUEST To: SWINERTON Billing Date: Job Name: Location: Subcontract No.: From: Vendor No.: Subcontractor s Job No.: Subcontractor s App. No.: - # (Project Number Pay App #) CONTRACT INFORMATION Base Contract Amount: $ SWINERTON Issued Change Order(s) through No. : $ Total Contract to Date: $ BILLING INFORMATION This billing is for materials and/or work performed through:, 20. Base Contract: $ % cpt $ SWINERTON Change Order #1: $ % cpt $ SWINERTON Change Order #2: $ % cpt $ SWINERTON Change Order #3: $ % cpt $ SWINERTON Change Order #4: $ % cpt $ SWINERTON Change Order #5: $ % cpt $ SWINERTON Change Order #6: $ % cpt $ SWINERTON Change Order #7: $ % cpt $ SWINERTON Change Order #8: $ % cpt $ Continuation Sheet: $ % cpt $ TOTALS: Contract: $ % cpt Billing: $ These values must match SWINERTONUse Only: Approvals: Superintendent Project Manager Billing # Less: 10 % Retention Less: Prior Billings (NET): Total Due This Request: $ $ $ IMPORTANT: The Conditional Waiver & Release Upon Progress Payment must be signed and attached.

5 BLI# PROGRESS PAYMENT REQUEST CHANGE ORDER CONTINUATION SHEET To: SWINERTON Billing Date: Job Name: From: Billing Period.: (Subcontractor Name) TOTALS: Contract: $ % cpt Billing: $

6 CONTINUATION SHEET AIA DOUCMENT G703 PAGE OF PAGE AIA Document G702, APPLICATION AND CERTIFICATION FOR PAYMENT, containing APPLICATION NO: Contractor s signed certification is attached. APPLICATION DATE: In tabulations below, amounts are stated to the nearest dollar. PERIOD TO: Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT S PROJECT NO: A B C D E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED FROM PREVIOUS APPLICATION (D + E) THIS PERIOD MATERIALS PRESENTLY STORED (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D+E+F) % (G C) BALANCE TO (C G) RETAINAGE (IF VARIABLE RATE) GRAND TOTALS User may obtain validation of this document by requesting of the license a completed AIA Document D401 Certification of Document s Authenticity AIA DOCUMENT G703 CONTINUATION SHEET FOR G EDITION AIA 1992 G

7 SWORN STATEMENT FOR CONTRACTOR AND SUBCONTRACTOR STATE OF COUNTY OF The Affiant, (name) says they are, (Title) of (subcontractor), and has the authority to sign this document, and that Subcontractor has a contract with SWINERTON the general contractor on the following described premises in said County, to wit: (Full Address) That as an inducement to Contractor to advance monies to Subcontractor, and with the knowledge that Contractor will rely upon the representations made herein, the undersigned certifies that (a) except as specifically set forth on Subcontractor Payment application, this application makes claim for payment for all work performed on the Project during the period for which payment is sought, there is no claim which is being omitted and applicant waives any right to make any claim for any additional compensation relating to the period unless an exception is noted at this time, and (b) the following listed firms and individuals are the only parties from whom Subcontractor has purchased materials, rented equipment, or subcontracted portions of Subcontractor s work on said project (or has commitments or intends to purchase, rent or subcontract) from the commencement of said project to the date of project completion: Name What For Contract Price Retention Previous Payments This Payment Balance Due (inc. retention) TOTALS Amount of Original Contract Work Completed to Date Extras to Contract Less % Retention Total Contract and Extras Total after % Retention Credits to Contract Net Previously Paid Adjusted Total Contract Balance to Become Due Dated: COMPANY: ADDRESS: [NOTARY SIGNATURE REQUIRED]

8 Project Name: Project # Contract No.: Application No: To Company: Application Date: From Company: Period To: Name What For Contract Price Retention Previous Payments This Payment Balance Due (inc. retention) TOTALS Exhibit E-1

9 BLI# CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT Civil Code Section 3262(d)(1) USE THIS FORM THROUGH JUNE 30, 2012 Upon receipt by the undersigned of a check from SWINERTON in the sum of $ (Check Amount) payable to (Name of Payee), and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic s lien, stop notice, or bond right the undersigned has on the (Name of Project) job for (Project Owner) located at (Address of Project) to the following extent. This release covers a progress payment for labor, services, equipment, or material furnished to SWINERTON through (Date) only and does not cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Dated: (Company Name) (Signature) (Name) (Title) Exhibit E-2

10 BLI# UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT Civil Code Section 3262(d)(4) USE THIS FORM THROUGH JUNE 30, 2012 The undersigned has been paid and has received a progress payment in the sum of $ (Amount of Check) for labor, services, equipment or material furnished to SWINERTON on the (Name of Project) job for (Project Owner) located at (Address of Project) and does hereby release any mechanic's lien, stop notice or bond right that the undersigned has on the above referenced job to the following extent. This release covers a progress payment for labor, services, equipment, or material furnished to SWINERTON through (Date) only and does not cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment. Dated: (Company Name) (Signature) (Name) (Title) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. Exhibit E-3

11 BLI# CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Civil Code Section 3262(d)(3) USE THIS FORM THROUGH JUNE 30, 2012 Upon receipt by the undersigned of a check from SWINERTON in the sum of $ (Amount of Check) payable to (Name of Payee), and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic s lien, stop notice, or bond right the undersigned has on the (Name of Project) job for (Project Owner) located at (Address of Project). This release covers the final payment to the undersigned for all labor, services, equipment, or material furnished on the job, except for disputed claims for additional work in the amount of $ (Amount of Outstanding Claim). Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. Dated: (Company Name) (Signature) (Name) (Title) Exhibit E-4

12 BLI# UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Civil Code Section 3262(d)(4) USE THIS FORM THROUGH JUNE 30, 2012 The undersigned has been paid in full for all labor, services, equipment or material furnished to SWINERTON on the (Name of Project) job for (Project Owner) located at (Address of Project), and does hereby waive and release any right to a mechanic s lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of $ (Amount of any outstanding Issues). Dated: (Company Name) (Signature) (Name) (Title) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. Exhibit E-5

13 CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT [California Civil Code 8132] USE THIS FORM STARTING JULY 1, 2012 NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT. Identifying Information Name of Claimant: Name of Customer: Job Location: Owner: Through Date: Conditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant s receipt of payment from the financial institution on which the following check is drawn: Maker of Check: Amount of Check: $ Check Payable to: Exceptions This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment: Date(s) of waiver and release: Amount(s) of unpaid progress payment(s): $ (4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment. Signature Claimant s Signature: Claimant s Title: Date of Signature: Exhibit E-2

14 UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT [California Civil Code 8134] USE THIS FORM STARTING JULY 1, 2012 NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information Name of Claimant: Name of Customer: Job Location: Owner: Through Date: Unconditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant are waived and released by this document, unless listed as an Exception below. The claimant has received the following progress payment: $ Exceptions This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment. Signature Claimant s Signature: Claimant s Title: Date of Signature: Exhibit E-3

15 CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT [California Civil Code 8136] USE THIS FORM STARTING JULY 1, 2012 NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT. Identifying Information Name of Claimant: Name of Customer: Job Location: Owner: Conditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant s receipt of payment from the financial institution on which the following check is drawn: Maker of Check: Amount of Check: $ Check Payable to: Exceptions This document does not affect any of the following: Disputed claims for extras in the amount of: $ Signature Claimant s Signature: Claimant s Title: Date of Signature: Exhibit E-4

16 UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT [California Civil Code 8138] USE THIS FORM STARTING JULY 1, 2012 NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information Name of Claimant: Name of Customer: Job Location: Owner: Unconditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full. Exceptions This document does not affect any of the following: Disputed claims for extras in the amount of: $ Signature Claimant s Signature: Claimant s Title: Date of Signature: Exhibit E-5

17 GUARANTEE & WARRANTY The undersigned is a subcontractor, materialman and/or supplier on the project known as (Name of Project), located at (Address of Project) pursuant to Agreement with SWINERTON ( General Contractor ) dated, (date), Subcontract Agreement Number (Subcontract Number). The undersigned guarantees and warrants all materials and items furnished under this agreement to be in strict conformance with the Contract Documents and agrees to remove and replace any non-conforming items at his sole cost including, but not limited to, costs of correction, re-installation and repair of adjacent work effected by such corrective work. This Guarantee and Warranty is effective on the project s date of substantial completion, or such date as specified in the Contract Documents. This Guarantee and Warranty shall remain in effect for one year or longer as specified in the Contract Documents. The undersigned agrees to perform all guarantee/warranty work without any expenses whatever to the Owner or General Contractor, ordinary wear and tear, and unusual abuse and neglect excepted. In the event of failure to comply with the terms of this Guarantee and Warranty within ten (10) days after notified in writing by Owner or General contractor, the undersigned authorizes the Owner or General Contractor to proceed to have said non-conforming items repaired and made good at undersigned s expense. Undersigned will honor and pay costs and charges therefrom upon demand, including attorney s fees and costs of collection, if any. This Guaranty and Warranty shall be binding on the heirs, executors, successors and assigns of the undersigned. Start Date of Guarantee and Warranty: [ ] (Substantial Completion Date) Date: Company: Signed: Name: Title: Phone No.: License No.: Countersigned: Material Manufacturer Company: Signed: Name: Title: Phone No.: License No.: Exhibit E-6