|
PRIMP?�7 , 19111y
<br /> IF I ell
<br /> IV I
<br /> IF
<br /> li IF III I IF Feel
<br /> I It
<br /> IF I
<br /> VFit-
<br /> 4, cIV I
<br /> ment, ENGINEER ) prefers to accept it, OWNER may C . All Claims , costs , losses , and damages
<br /> do so . CONTRACTOR shall pay all Claims , costs , ( including but not limited to all fees
<br /> and charges of
<br /> losses , and damages ( including but not limited to all engineers , architects , attorneys , and other
<br /> fees and charges of engineers , architects , attorneys , professionals and all court or arbitration or other
<br /> and other professionals and all court or arbitration or dispute resolution costs ) incurred or sustained by
<br /> other dispute resolution costs ) attributable to OWNER in exercising the rights and remedies under
<br /> OWNER ' s evaluation of and determination to accept this paragraph 13 . 09 will be charged against CON .
<br /> such defective Work (such costs to be approved by TRACTOR , and a Change Order will be issued
<br /> ENGINEER as to reasonableness) and the diminished incorporating the necessary revisions in the Contract
<br /> value of the Work to the extent not otherwise paid by Documents with respect to the Work ; and
<br /> OWNER
<br /> CONTRACTOR pursuant to this sentence . If any shall be entitled to an appropriate decrease
<br />in the
<br /> such acceptance occurs prior to ENGINEER ' s recom - Contract Price . If the parties are unable to agree as to
<br /> mendation of final payment, a Change Order will be the amount of the adjustment, OWNER may make
<br /> a
<br /> issued incorporating the necessary revisions in the Claim therefor as provided in paragraph 10 . 05 . Such
<br /> Contract Documents with respect to the Work, and claims , costs , losses and damages will include but
<br /> not
<br /> OWNER shall be entitled to an appropriate decrease be limited to all costs of repair, or replacement of
<br />work
<br /> in the Contract Price , reflecting the diminished value of of others destroyed or damaged by correction ,
<br /> Work so acceptedFee . If the parties are unable to agree removal , or replacement of CONTRACTOR
<br />' s
<br /> as to the amount thereof, OWNER may make a Claim defective Work ,
<br /> therefor as provided in paragraph 10 . 05 . If the
<br /> acceptance occurs after such recommendation , an D . CONTRACTOR shall not be allowed an
<br /> appropriate amount will be paid by CONTRACTOR to extension of the Contract Times (or Milestones)
<br /> OWNER . because of any delay in the performance of the Work
<br /> attributable to the exercise by OWNER of OWNER ' s
<br /> 13 . 09 OWNER May Correct Defective Work rights and remedies under this paragraph 13 . 09 .
<br /> A. If CONTRACTOR fails within a reasonable
<br /> time after written notice from ENGINEER to correct ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
<br /> defective Work or to remove and replace rejected COMPLETION
<br /> Work as required by ENGINEER in accordance with
<br /> paragraph 13 . 06 . A, or if CONTRACTOR fails to
<br /> perform the Work in accordance with the Contract 14 . 01 Schedule of Values
<br /> Documents , or if CONTRACTOR fails to comply with
<br /> any other provision of the Contract Documents , A. The schedule of values established as provid-
<br /> 16
<br /> OWNER may, after seven days written notice to ed in paragraph 2 . 07 . A will serve as the basis for
<br /> CONTRACTOR , correct and remedy any such progress payments and will be incorporated into a
<br /> deficiency. form of Application for Payment acceptable to ENGI -
<br /> NEER . Progress payments on account of Unit Price
<br /> B . In exercising the rights and remedies under Work will be based on the number of units completed
<br />,
<br /> this paragraph , OWNER shall proceed expeditiously.
<br /> In connection with such corrective and remedial 14 . 02 Progress Payments
<br /> action , OWNER may exclude CONTRACTOR from all
<br /> or part of the Site , take possession of all or part of the A. Applications for Payments
<br /> Work and suspend CONTRACTOR 's services related
<br /> thereto , take possession of CONTRACTOR 's tools , 1 . At least 20 days before the date
<br /> appliances , construction equipment and machinery at established for each progress payment ( but not
<br /> the Site , and incorporate in the Work all materials and more often than once a month ) ,
<br /> equipment stored at the Site or for which OWNER has CONTRACTOR shall submit to ENGINEER for
<br /> paid CONTRACTOR but which are stored elsewhere . review an Application for Payment filled out and
<br /> CONTRACTOR shall allow OWNER , OWNER ' s signed by CONTRACTOR covering the Work
<br /> representatives , agents and employees , OWNER ' s completed as of the date of the Application and
<br /> other contractors , and ENGINEER and ENGINEER ' s accompanied by such supporting
<br /> Consultants access to the Site to enable OWNER to documentation as is required by the Contract
<br /> exercise the rights and remedies under this Documents . If payment is requested on the
<br /> paragraph . basis of materials and equipment not
<br /> incorporated in the Work but delivered and
<br /> suitably stored at the Site or at another location
<br /> 00700 38
<br /> 00700 - General Conditions REV 04-07 . dOC
<br /> -
<br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US1_69th (LAP) ROW Mapping Project (Morgan)AAdmim\bid
<br /> documents\00700 - General Conditions REV 04-07 . doc
<br />
|