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an appropriate decrease in the Con Irac•t Price. 11' rite
<br />parties are unable to agree as to the amount of ilio
<br />adiustincnl, Omicr trail snake a Claim therefor as
<br />provided ill Paragraph 10.05. Such claims, costs, losses
<br />and damages will include but not he limited le all costs of
<br />rescan, or replacement of mitk of others destroy ed or
<br />damaged by correction, iemo\al, or replacement of
<br />contractor's defecti\•e Work.
<br />I). C olillacloi shall not be atlm%ed an extension of ilte
<br />Contract mimes because of any delay in the perfirrntance
<br />of (tie Work attributable to the exercise. by Owner of
<br />Owner's righla and remedies under this P:nagraph 1 .09
<br />ARTICLE 1-1 - PAY.M-1 \'1 S A C) CONTRACI I OR AND
<br />COMPIX i ION
<br />14.01 S1:he.hile of I'rihues
<br />A. I'he 5checiule of ,)lues estahhshed as pravuli d in
<br />Paragraph 2.0?.A will serve as the basis for progress
<br />payments and will be incorporated into a form of Applica-
<br />tion, for Payment acceptable to Engineer. Progress
<br />payments on account of Unit Pricc Work \\ ill he based on
<br />the number of units completed.
<br />14.02 Pio,vesx PaYwents
<br />A. Applications lbr Payments
<br />I . At least 20 day s before the (tate established in the
<br />Agreement for each progress paymew (hut not mare
<br />often than once it nionth), Contractor shall submit to
<br />Lngineer for revie\\ ;in Application for Payment
<br />Filled out and signed by Conlraclor covering the
<br />Work completed as of the dale of the Application and
<br />a.'evinpa hied b1 such supporting documentation as is
<br />required by lite Contract Do"am ails. II payment is
<br />requested nn tire basin of materials and equipincnt not
<br />incorporated in the Work bill delivered and suitably
<br />stored at the Site or at another location agreed to in
<br />writing, the Application lits- Payment shall also be
<br />accompanied by a bili of sale, invoi(x. or other docu-
<br />mentation wananfing that t, wirer has teceived the
<br />materials and equipment free and clear of all I.iC115
<br />and evidence that the materials and equipment are
<br />co\cm.f by appropriate property insurance or othet
<br />arrangements to protect Owner's interest therein, all
<br />of which muta be satisfacts\ry to omiclr
<br />13cginning .will the second Application tot
<br />Pd -,taint. each Applicauixl shall include an MUM it
<br />of Contractor siting thal all P10i_tar, prvpcss
<br />f„ ry carat. ne.ei\ed ,ns- accolait of cite 14 ork ha%c been
<br />app,lie,! Oil ac(outii it, drschalrge Ucfllvul t ir•5
<br />letsirhnste MEitiratians aasuciateci volt prwr
<br />3. 1 he aunount of retainage with rcspcct to progress
<br />pityments will be as stipulated in the Agrecrrtent.
<br />11, Rtwieli of. l pplicanon\
<br />1. Gnginecr will, \cithin 10 da_: s ,titer rcceipl of
<br />each Application for Payment, either indicate in
<br />writing a reconunc•ndation of payment and present
<br />the Application to Ownccr or return the Application to
<br />Contractor indicating it! writniC Limineer', reasons
<br />for retbsing to recommend payment in the latter
<br />case, Contractor may make the nl:cvssary corrections
<br />and resubmit the Application.
<br />2. Engineer's recommendation of anpan went
<br />requested in an Application for 1'aytntmt will
<br />�onstitt„ a relaresentati. rt
<br />by �m,mccr to Owner,
<br />based on Frig 's
<br />observations on ilio Site of Ibc
<br />executed Work as an experienced and qualified
<br />design professional and on Lnginecr's review of the
<br />Application for Paymcnt and the accompany ing Elam,)
<br />and schedules, that to the best of Fnginecr's
<br />kno\\iedge, intitnnation and helief:
<br />a. the Work has progressed to the point indicat-
<br />ed;
<br />b. the quaflily of the �\'ork is generally it,. accor-
<br />dance %%ith the Contract L)ocuinents (subject to
<br />an evaluation of the 1t'ork as a functioning ;\holy
<br />prior to or upon Substantial Completion, Io tire
<br />results of any subsequent tests called for lit the
<br />Contract Document,;, to a until determination of
<br />quarilities and classifi4ations for fait Price M ork
<br />under ruagriph 11.07, and to any oilier
<br />qualifications stated lit the recomnumdationt; and
<br />c. lite conditions precedent to Contiactor's polite
<br />entitled to Such pavinenl ala,ear to have beer,
<br />hil illiM in so f'ar ars it is f.nteineer'.
<br />responsibility !o (ibser\ e lite \t ork.
<br />t. k y rece�inutenditag any such pavnwnl Engineer
<br />will not thereby be deemed to ha\e Iepre;enicii that,
<br />a. inspections trade to check the qualit\ or the
<br />quantity of Elis i1ork its it has been pelloill=.ed
<br />have been exhausti\c, extended to evcty aspect
<br />of the: \i(nk in progress. of ink0b.Cd detailed
<br />inspections of the Work beyond the respota-
<br />bilittes speciEitall< ,assigned tea F.ngmco in 11-1c
<br />Conliact Documents, or
<br />b, that there nlay not bl either lnattrrs or issue,
<br />bet\\cetl the panic. that tinsel entitle (-onlr.r,tcl
<br />to be pard additttiri,ill\ ba (htnc'r it i:'?rtli':
<br />Ot\ner ". \efilikold pa\meltt tilt , ntrs•.tl,:
<br />App)malk,w, tin Paymrnt 4 ^+t•tlber Lcginccr's ra\irw oft r•ritr; Iwr's \ie wk
<br />1,,,l ttiv purpoiee� pavm rata V,I
<br />t 11Vmccr , rccurnrntntt,in,+il ! ,xr. t>:nmcnL
<br />td(ti( ('00Srslv4)41d4ev3rtliil(v044rijtlvofslit (ttlttryitwit (entleer
<br />( „i)lriytr( r w? N*Iwitid'-(itt. A 1'hila.+rnei tr:pvertvc toVot is( . .\it righl, tier cJ
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