07-E T-Hangar Contract Award - Laserfiche WebLink

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costs attributable to OWNER's evaluation of and deferral- ARTICLE 14---PAYMENTS TO CONTRACTOR AND nation to accept such defective Work (such costs to be approved COM PL ET1 ON by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, error- Schedule of Vahtes: heys and other professionals), lfany such acceptance occurs prior to ENGINEER's recommendation of final paymem, a 14.1. The schedule of values established as provided in Change Order will be issued incorporating the necessary revi- paragraph 2.9 will serve as the basis for progress payments sions in the Contract Documents with respect to the Work; and will be incorporated into a form of Application for Pay- and OWNER shall be entitled to an appropriate decrease in meat acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of the Contract Price, and, if the parties are unable to agree as to ~he amount thereof, OWNER may make a claim therefor units completed. as provided in Article I 1. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Application for Progress Payment: CONTRACTOR to OWNER. 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month), CON- TRACTOR shall submit to ENGINEER for review an Appli- OWNER May Correct Defective Work: cation for Payment filled out and signed by CONTRACTOR 13.14. If CONTRACTOR fails within a reasonable time covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is at'rev written notice of ENGINEER to proceed to correct and required by the Contract Documents. If payment is requested tocorrectdefectiveWorkortoremoveandreplacerejected on the basis of materials and equipment not incorpot~ated in Work as required by ENGINEER in accordance with para- the Work but delivered and suitably stored at the site or at graph 13.11, or if CONTRACTOR fails to perform the Work another location agreed to in writing, the Application for in accordance with the Contract Documents, or if CON- Payment shall also be accompanied by a bill of sale, invoice TRACTOR fails to comply with any other provision of the or other documentation warranting that OWNER h~s received Contract Documents, OWNER may, after seven days' writ- the materials and equipment free and clear of all liens, charge~, ten notice to CONTRACTOR, correct and remedy any such security interests and encumbrances (which are hereinafter deficiency. In exercising the rights and remedies under this in these General Conditions referred to as "Liens") and paragraph OWNER shall proceed expeditiously. To the extent evidence that the materials and equipment are covered by neoessarytocompletecorrectiveandremedialaction,OWNER appropriate property insurance and other arrangements to mayexclude CONTRACTOR from allot part of thcs[to, take protect OWNER's interest therein, all of which will be sat- possession of all or part of the Work; and suspend CON- isfactory to OWNER. The amount of retainage with respect TRACTOR's services related thereto, take possession of to progress payments will be as stipulated in the Agreement. CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER CONTP~ACTOR'$Warran(yofTitle: has paid CONTRACTOR but which are stored elsewhere. 14.3. CONTRACTOR warrants and guarantees that title CONTRACTOR shall allow OWI~ER, OWNER's represen- to all Work, materials and equipment covered by any Appli- latives, agents and employees such access to the site as may cation for Payment, whether incorporated in the Project or be necessap~ to enable OWNER to exercise the rights and not, will pass to OWNER no later than the time of payment remedies under this paragraph. All dlrect, indirect and con- free and clear of all Liens. sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Review of Appllcationsfor Progress Payment: Order will be issued incorporating the necessary revisions in 14.4. ENGINEER will, within ten days after re~..eipt of the Contract Documents with respect to the Work; and each Application for Payment, either indicate in writing a OWNER shall be entitled to an appropriate decrease in the recommendation of payment and present the Application to Contract Price, and, if the parties are unable to agree a~ to OWNER, or return the Application to CONTRACTOR indl- the amount thereof, OWNER may make a claim therefor as rating in writing ENGINEER's reasons for re'fuslng to fcc- provided in Article I 1. Such direct, indirect and consequen- ommend payment. In the latter case. CONTRACTOR may rial costs will include but not be limited to fees and charges make the necessary corrections and resubmit the Applica- of engineers, architects, attorneys and other professionals, tlon. Ten days after presentation of the Application for Pay- all court and arbitration costs and all costs of repair and meat with ENGINEER's recommendation, the amount roe- replacement of work of others destroyed or damaged by ommended will (subject to the provisions of the last sentence correction, removal or replacement qf CONTRACTOR's of paragraph 14.7)beeomedueandwhenduewlllbepaidby defective Work. CONTRACTOR shall not be allowed an OWNER to CONTRACTOR. extension of the Contract Time because of any delay in per- formanceoftheWorkattfibutabletotheexercisebyOWNER 14.5. ENGINEER's recommendation of any payment of OWNER's rights and remedies hereunder, requested in an Application for Payment will constitute a 54