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20 <br />Progressive Design Build General Conditions <br /> <br />a) Design-Builder knew of the existence of such conditions at the time <br />Design-Builder and Owner negotiated this Contract; or <br />b) Design-Builder failed to give the written notice as required by Section 4.2 <br />and/or comply with Article 9. <br />c) Design-Builder knew, or should have known, of such conditions during <br />Phase 1 of the Project but failed to identify such conditions, document such <br />conditions in the Contract Documents, or otherwise take into account the <br />conditions when designing the Project. <br />4.2.2.3 If Design-Builder complies with the provisions of Article 9 and this Section 4.2 <br />and Owner and Design-Builder are unable to agree on entitlement to or on the amount or <br />extent, if any, of any adjustment in the GMP or Contract Time, or both, a Claim may be <br />made by Design-Builder as provided in Article 10. <br /> <br />Article 5 <br />Insurance and Bonds <br />5.1 Insurance. The Design-Builder shall provide insurance consistent with and in accordance with <br />the requirements of Article 11 of the Contract. <br /> <br />5.2 Bonds. The Design-Builder shall provide performance and payment bonds consistent with and in <br />accordance with the requirements of Article 11 of the Contract. <br /> <br /> <br />Article 6 <br />Payment <br /> <br />6.1 Schedule of Values. <br />6.1.1 The Design-Builder shall submit a Schedule of Values at least 15 days prior to submitting <br />its first Application for Payment. The Schedule of Values shall reasonably allocate the Contract <br />Price among the various portions of the Work; be complete; be organized to include detailed <br />breakdown of each major unit of the Work; be organized to correspond to Design-Builder’s <br />schedule; break down the Contract Price showing the value assigned to each part of the Work; be <br />so organized as to facilitate assessment of work and payment of Subcontractors; and be <br />balanced. To the greatest extent possible, the breakdown shall use the same tasks or units as the <br />Design-Builder’s Master Project Schedule. Design-Builder shall provide documentation <br />substantiating the cost allocation if asked by Owner. Upon acceptance of the Schedule of Values <br />by Owner, it shall be used as a basis for all requests for payment. <br />6.1.2 Owner will timely review and approve the Schedule of Values so as not to delay the <br />submission of the Design-Builder’s first application for payment. Owner and Design-Builder shall <br />timely resolve any differences so as not to delay the Design-Builder’s submission of its first <br />application for payment. <br />6.2 Payments. <br />Owner shall make payments for Phase 1 Work and Phase 2 Work in accordance with Section 8 <br />of the Contract.