Finance Committee - Agenda - 3/17/2021 - P388
ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under
this paragraph.
C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of ENGINEERs, architects,
attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained
by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CONTRACTOR, and
a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the
Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree
as to the amount of the adjustment, OWNER may make a Claim therefore as provided in paragraph 10.05. Such claims,
costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others
destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work.
D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the
performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this
paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
A. The schedule of values established as provided in paragraph 2.01.A will serve as the basis for progress payments and
will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of
Unit Price Work will be based on the number of units completed.
14.02 Progress Payment
A. Review of Applications.
1. Prior to submittal of Application for Payment to OWNER (but not more often than once a month), the CONTRACTOR
shall submit the monthly progress estimate to the ENGINEER for review and approval.
2. ENGINEER will, within 10 working days after receipt of each progress estimate, either indicate in writing a
recommendation of payment or indicate in writing ENGINEER's reasons for refusing to recommend payment and
return the progress estimate to CONTRACTOR. In the latter case, CONTRACTOR may make the necessary corrections
and resubmit the Application.
3. ENGINEER's recommendation of any payment requested in a progress estimate will constitute a representation by
ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and
qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying date
and schedules, that to the best of ENGINEER's knowledge, information and belief:
a. The Work has progressed to the point indicated;
b. The quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of
the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent
tests called for in the Contract documents, to a final determination of quantities and classifications for Unit
Price Work under paragraph 9.08 and to any other qualifications stated in the recommendation); and
c. The conditions precedent to CONTRACTOR's being entitled to such payment appears to have been fulfilled in
so far as it is ENGINEER's responsibility to observe the Work.
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