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Contractor's obligations under this Paragraph 8.10 are in addition to any other obligation, guarantee or <br />warranty. The provisions of this Paragraph 8.10 shall not be construed as a substitute for or a waiver of <br />the provisions of any applicable statute of limitation or repose. <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 four week period, or by schedule mutually agreed upon in writing by the <br />Contractor and Owner's Representative, the Contractor shall submit to the Owner's Representative a <br />partial payment estimate filled out and signed by the Contractor covering acceptable Work performed <br />during the previous four weeks, or since the last partial payment estimate was submitted. Contractor's <br />submission of a progress pay estimate constitutes a material representation by the Contractor that it <br />performed all of the Work described in the progress pay estimate during the relevant time period in a <br />workmanlike manner and that the materials for which payment is requested reasonably conform to the <br />Specifications and are either on the job Site or have been installed. If requested by the Owner's <br />Representative, the Contractor shall provide such additional data as may be reasonably required to <br />support the payment estimate. Such data may include satisfactory evidence of payment for Equipment, <br />materials and labor including payments to Subcontractors and Suppliers. Certified invoices by the <br />Suppliers shall accompany a request for payment for delivered Equipment and material. Such Equipment <br />and material shall be suitably and safely stored at the Site of the Work. Payment requests shall <br />summarize accepted operating and maintenance material with request for Equipment payment. A <br />progress payment is preliminary only. By making a progress payment, the Owner does not waive or <br />release its right, nor is it estopped from asserting, that previous progress payments were not earned or <br />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 />Reservoir 3 Replacement Phase 1 <br />Work Order No. UP3739 00 72 00 <br />GENERAL CONDITIONS March 2024 <br />