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F. Contractor's obligations under this Paragraph 8.10 are in addition to any other obligation or <br /> warranty. The provisions of this Paragraph 8.10 shall not be construed as a substitute for or a <br /> waiver of the provisions of any applicable statute of limitation or repose. <br /> ARTICLE 9 MEASUREMENT AND PAYMENT <br /> 9.1 Payments to Contractor <br /> A. Schedule of Values <br /> 1. The Contractor shall submit a Schedule of Values at least fifteen (15) days prior to <br /> submitting its first Application for Payment. If the Project contains Unit Price Work, in <br /> whole or in part,then the Schedule of Values for that portion of the Work shall also be based <br /> on unit prices. If the Bid form calls for a lump sum price, in whole or in part, then the <br /> Schedule of Values shall: reasonably allocate the Contract Sum among the various portions <br /> of the Work; be complete; be organized to include detailed breakdown of each major unit of <br /> 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 <br /> and Overhead; include Unit Price Work, if and to the extent indicated on the Bid form; be so <br /> 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 <br /> the Contractor's schedule. Contractor shall provide documentation substantiating the cost <br /> allocation if asked by the Owner's Representative. Upon acceptance of the Schedule of <br /> Values by the Owner's Representative, it shall be used as a basis for all requests for <br /> payment. <br /> B. Progress Payments <br /> 1. Payment Request Procedures: <br /> a. By the tenth day of each month, or by schedule mutually agreed upon in writing by the <br /> Contractor and Owner's Representative, the Contractor shall submit to the Owner's <br /> Representative a partial payment estimate filled out and signed by the Contractor <br /> covering acceptable Work performed during the previous month, or since the last partial <br /> payment estimate was submitted. Contractor's submission of a progress pay estimate <br /> constitutes a material representation by the Contractor that it performed all of the Work <br /> described in the progress pay estimate during the relevant time period in a workmanlike <br /> manner and that the materials for which payment is requested reasonably conform to <br /> the Specifications and are either on the job Site or have been installed. If requested by <br /> the Owner's Representative,the Contractor shall provide such additional data as may be <br /> reasonably required to support the payment estimate. Such data may include <br /> satisfactory evidence of payment for Equipment, materials and labor including <br /> payments to Subcontractors and Suppliers. Certified invoices by the Suppliers shall <br /> accompany a request for payment for delivered Equipment and material. Such <br /> Equipment and material shall be suitably and safely stored at the Site of the Work. <br /> Payment requests shall summarize accepted operating and maintenance material with <br /> request for Equipment payment. A progress payment is preliminary only. By making a <br /> progress payment, the Owner does not waive or release its right, nor is it estopped from <br /> asserting, that previous progress payments were not earned or were in error, whether in <br /> whole or in part. <br /> 2. Review Procedures: <br /> WFP Operations Building Seismic Retrofit-Rebid January 6, 2017 <br /> WO#UP3600 007213 -39 <br />