07-E T-Hangar Contract Award - Laserfiche WebLink

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allowances. No demand for additio~'ml payment on account shall be determined by ENGINEER in accordance with para- of any thereof will be valid, graph 9. I 1 if OWN ER and CONTRACTOR cannot othe,-wise agree. No claim for an adjustment in the Contract Time will Prior to final payment, an appropriate Change Order will be be valid if not submitted in accordance with the requirements issued as recommended by ENGINEER to reflect actual of this paragraph 12.1. amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspond- 12.2. The Contract Time will be extended in an amount ingly adjusted, equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12. I. Such delays shall include, but not be limited to, UnitPrice Work: acts or neglect by OWNER or others performing additional 11.9.1. Where the Contract Documents provide that work as contemplated by Article 7, or to fires, floods, labor all or part of the Work is to be Unit Price Work, initially disputes, epidemics, abnormal weather conditions or acts of the Contract Price will be deemed to include for all Unit God. Price Work an amount equal to the sum of the established unitpricesforeachseparatelyldentifieditemofUnitPrice 12.3. All time limits stated in the Contract Documents Work times the estimated quantity of each item as indi- are of the essence of the Agreement. The provisions of this cater in the Agreement. The estimated quantities of items Article 12 shall not exclude recovery for damages (including of Unit Price Work are not guaranteed and are solely for but not limited to fees and charges of engineers, architects, the purpose of comparison of Bids and determining an attorneys and other professionals and court and arbitration initial Contract Price. Determinations of the actual quart- costs) for delay by either party. titles and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an ARTICLE 13--WARRANTY AND GUARANTEE; amount considered by CObFI'RACTOR to be adequate to TESTS AND INSPECTIONS; cover CONTRACTOR's overhead and profit for each stp- CORRECTION, REMOVAL OR stately iclentifled item. ACCEPTANCE OF DEFECTIVE WORK * I 1.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially Warranty and Guarantee: and significantly from the estimated quantity of such item 13.1. CONTRACTOR warrants and guarantees to indicated in the Agreement and there is no corresponding OWNER and ENGINEER that all Work will be in actor- adjustment with respect to any other item of Work and if dance with the Contract Documents and will not be defective. CONTRACTOR believes that CONTRACTOR has Prompt notice of all defects shall be given to CONTRAC- incurred additional expense as a result thereof, CON- TOR. Ail defective Work, whether or not in place, may be TRACTOR may make a claim for an increase in the Con- rejected, corrected or accepted as provided in this Article 13. tract Price in accordance with Article I 1 if the parties are unable to agree as to the amount of any such increase. Accexs to Work: 13.2. ENGINEER and ENGINEER's representatives, ARTICLE 12.--CI'[ANGE OF CONTRACT TIME other representatives of OWNER, testing agencies and gov- ernmental agencies withjurisdictional interests will have access to the Work at reasonable times for their observation, inspecting 12.1. TheContractTimemayonlybechangedbyaChange and testing. CONTRACTOR shall provide proper and safe Order or a Written Amendment. Any claim for an extension conditions for such access. or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than Texts and Inspections: thirty days) after the occurrence of the event giving rise to 13.3. CONTRACTORshallglveENGINEERtlmelynotice the claim and stating the general nature of the claim. Notice of readiness of the Work for all required inspections, tests or of the extent of the claim with supporting data shall be deliv- approvals. ered within sixty days after such occurrence (unless ENGI- NEER allows an additional period of time to ascertain more 13.4. If Laws or Regulations of any public b<xly having accurate data in support of the claim) and shall be accom- jurisdiction require any Work (or part thereoO to specifically panied by the claimant's written statement that the adjust- be inspected, tested or approved, CONTRACTOR shall merit claimed is the entire adjustment to which the claimant assume full responsibility therefor, pay all costs in conner:lion has reason to bellcve itisentitled as a result oftheoccurrence therewith and furnish ENGINEER the rcqulred certificates of said cvcnt. All claims for adjustment in the Contract Time of inspection, testing or approval, CONTRACTOR shall also *See Supplementary Conditions. 52