Design Build Contract Template - The City of San Antonio

9.16.2 the quantity of Design-Builder's Design Services and/or Construction Work not
being as represented in Design-Builder's pay request, or otherwise;
9.16.3 Design-Builder's rate of progress being such that, in Owner's opinion, Substantial
Completion, Final Completion or both may inexcusably be delayed;
9.16.4 Design-Builder's failure to use Contract funds, previously paid to Design-Builder
by Owner, to pay Design-Builder's Project-related obligations including, but not
limited to, Sub-Consultants, Subcontractors, laborers and material and equipment
Suppliers;
9.16.5 evidence that the balance of the Construction Work cannot be completed, in
accordance with the Contract, for the unpaid balance of the Contract Price;
9.16.6 claims made, or likely to be made, against Owner or its property;
9.16.7 loss or damage caused by Design-Builder;
9.16.8 Design-Builder's failure or refusal to perform any of its obligations to Owner; or
9.16.9 any other basis for withholding of payment specified in the General Conditions.
In the event that Owner makes written demand upon Design-Builder for amounts
previously paid by Owner, as contemplated in this Section 9.15, Design-Builder promptly
shall comply with such demand.
9.17 Limitation on Duty to Pay. In addition to the grounds for withholding payment, as set
forth in Section 9.15 herein, Owner and Design-Builder further agree as follows:
9.17.1 Prior to beginning Design Services on the Project, Design-Builder shall submit to
Owner a Design Services Schedule of Values, allocating Design-Builder’s allocated
percentage of the Not-To-Exceed Contract Price to the design phase of the Project.
During the Design Services phase, Design-Builder shall invoice, at minimum,
monthly to Owner and each submitted invoice shall reflect the percentage of
completion of Design Services. Upon completion of Design Services, Design-
Builder shall include its allocated Design Services total costs in Design-Builder’s
Guaranteed Maximum Price Proposal.
9.17.2 Prior to Owner’s approval of the Guaranteed Maximum Price or and Fixed Price
Proposal, as applicable, and execution of any supplemental agreement, Design-
Builder shall submit to Owner a Schedule of Values allocating the Guaranteed
Maximum Price or Fixed Price Proposal, as applicable, to the various portions of
the Construction Work to include the Design Services fee addressed in Section
9.17.1 herein. Such Schedule of Values shall be prepared in such form, with such
detail and supported by such data as Owner may require substantiating its accuracy.
Design-Build Services for Las Moras Prefabricated Metal Facility
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