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02 "T" Hangar Specs--Previous
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02 "T" Hangar Specs--Previous
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Last modified
9/12/2012 11:16:53 AM
Creation date
6/25/2001 3:42:59 PM
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AGENDA
Item Number
02
AGENDA - Type
PLANS & SPECIFICATIONS
Description
"T" Hangar Specifications
AGENDA - Date
4/26/2001
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costs attributablc tu OWNER's evaltrstion oC and dctcrmi- <br />nation to acccpt such dcjecrivc 1Vork (such costs to bc approvcd <br />by ENGINEER as to rcasonablcncss and to include buc not <br />bc limited to fees and charges of engineers, architects, attor- <br />neys and other professionals). If any such acceptance occurs <br />prior to ENGINEER's recommendation of finai pa}•ment, a <br />Change Order will be issued incorporating the necessary revi- <br />sions in the Contract Documents with respect to the «'ork; <br />and OWNER shal( be entitled to an appropriate decrease in <br />the Contract Price, and, if the parties are unable to agree as <br />to the amount thereof, OWNER may make a claim therefor <br />as provided in Article 11. If the acceptance occurs after such <br />Af2TICLE 14-PAYN4ENTS TO CONTRACTOR AND <br />coMPLerioN <br />Schedule oJ Valrces: <br />14.1. The schcdule of values established as provided in <br />paragraph 2.9 will servc as the basis for pcogress payments <br />and will be incorporatcd into a form of Application for Pay- <br />ment acceptable to ENGINEER. Progress paymcnts on <br />account of Unit Price Work wiil be based on the numbcr of <br />units completed. <br />recommendation, an appropriate amount wilt be paid by ApplicalionjorProgressPayment: <br />CONTRACTOR to OWNER. <br />OWNER Aiay Correct Defective Work: <br />13.14. If CONTRACTOR fails within a reasonable time <br />after written notice of ENGINEER to proceed to correct and <br />to correct defecrive Work or to remove and replace rejected <br />Work as required by ENGINEER in accordance with para- <br />graph 13.11, or if CONTRACTOR fails to perform the Work <br />in accordance with the Contract Documents, or if CON- <br />TRACTOR fails to comply with any other provision of the <br />Contract Documents, OWNER may, after seven days' writ- <br />ten notice to CONTRACT'OR, correct and remedy any such <br />deficiency. In exercising the rights and remedies under this <br />paragraph OWNER shall proceed expeditiously. To the extent <br />necessary to complete correcdve and remedial action, OWNER <br />may exclude CONTRACTOR from aIl or part of the site, take <br />possession of all or part of the Work; and suspend CON- <br />TRACT'OR's services related thereto, take possession of <br />CONTRACT'OR's tools, appliances, construction equipment <br />and machinery at the site and incorporate in the Work ali <br />materials and equipmcnt stored at the site or forwhich OWNER <br />has paid CONTRACTOR but which are stored elsewhere. <br />CONTRACTOR shall aIlow OWNER, OWNER's represen- <br />tatives, agents and employees such access to the site as may <br />be necessary to enable OWNER to exercise the rights and <br />remedies under this paragraph. All direct, indirect and con- <br />sequential costs of OWNER in exercising such rights and <br />remedies will be charged against CONTRACTOR in an amouni <br />approved as to reasonableness by ENGINEER, and a Change <br />Order will be issued incorporating the necessary revisions in <br />the Contract Documents with respect to the Work; and <br />OWNER shall be entitled to an appropriate decrease in the <br />Contract Pcice, and, if the parties are unable to agree as to <br />the amount thereof. OWNER may make a ciaim therefor as <br />provided in Artic(e 11. Such direct, indirect and consequen- <br />tial costs will inctude but not be limited to fees and charges <br />of engineers, architects, attorneys ar►d other professionals, <br />all courc and arbitration costs and all costs of repair and <br />replacement of work of others destroyed or damaged by <br />correction, removal or ceplacement of CONTRACTOR's <br />dejective Work. CONTRACTOR shall not bc allowed an <br />extension of the Contract Time because of any detay in pcr- <br />formance of ihe Wock attributable to the exercise by OWNER <br />of OWNER's rights and remedies hereunder. <br />14.2. At least twenty days before each progress payment <br />is scheduled (but not inore often than once a month), CON- <br />TRACTOR shall submit to ENGINEER for review an Appli- <br />cation for Payment filled out and signed by CONTRACTOR <br />covering the Work completed as of the date of the Application <br />and accompanied by such supporting documentation as is <br />required by the Contract Documents. If payment is requested <br />on the basis of materials and equipment not incorporated in <br />the Work but delivered and suitably stored at the site or at <br />another location agreed to in writing, the Application for <br />Payment shall also be accompanied by a bill of sale, invoice <br />or other documentation warranting that OWNER has received <br />the materials and equipment free and c(ear of all liens, charges, <br />security interests and encumbrances (which are hereinafter <br />in these General Conditions referred to as "Liens") and <br />evidence that the materials and equipment are covered by <br />appropriate property insurance and other arrangements to <br />protect OWNER's interest therein, all of which will be sat- <br />isfactory to OWNER. The amount of retainage with respect <br />to progress payments will be as stipuiated in the Agreemeat. <br />CONTRACTOR's Warrarcty ajTitle: <br />14.3. CONTRACTOR warrants and guarantees that title <br />to all Work, materials and equipment covered by any Appli- <br />cation for Payment, whether incorporated in the Project or <br />not, will pass to OWNER no later chan the time of payment <br />free and clear of all Liens. <br />Review of Applicalions jor Progress PaymeRt: <br />14.4. ENGINEER will, within ten days after receipt of <br />each Application for Payment, either indicate in writing a <br />recommendation of payment and present the Application to <br />OWNER, or return the Application to CONTRACTOR indi- <br />cating in writing ENGINEER's reasons for refusing to rec- <br />ommend payment. In the latter case, CONTRACTOR may <br />make the necessary corrections and resubmit the Applica- <br />tion. Ten days aCter presentation of the Application for Pay- <br />ment with ENGINEER's recommendation, Lhe amount rec- <br />ommended will (subject to the provisions of the [ast sentence <br />of paragraph 14.7) become due and when due wilt be paid by <br />OWNER to CONTRACTOR. <br />14.5. ENGINEER's recommendation of any payment <br />requested in an Apptication for Payrtent witl constitute a <br />54 <br />
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