of CONTRACTOR's intention to cover the same and
<br /> ENGINEER has not acted with reasonable prompt- anyof them.
<br /> ness in response to such notice.
<br /> 13.06 Correction or Removal of Defective Work
<br /> 13.04 Uncovering Work
<br /> A. CONTRACTOR shall correct all defective
<br /> A. If any Work is covered contrary to the written Work, whether or not fabricated, installed, or
<br /> request of ENGINEER, it must, if requested by ENGI- completed, or, if the Work has been rejected by ENGI-
<br /> NEER, be uncovered for ENGINEER's observation NEER, remove it from the Project and replace it with
<br /> and replaced at CONTRACTOR's expense. Work that is not defective. CONTRACTOR shall pay
<br /> all Claims, costs, losses, and damages (including but
<br /> B. If ENGINEER considers it necessary or not limited to all fees and charges of engineers,
<br /> advisable that covered Work be observed by ENGI- architects, attorneys, and other professionals and all
<br /> NEER or inspected or tested by others, CONTRAC- court or arbitration or other dispute resolution costs)
<br /> TOR, at ENGINEER's request, shall uncover, expose, arising out of or relating to such correction or removal
<br /> or otherwise make available for observation, inspec- (including but not limited to all costs of repair or
<br /> tion, or testing as ENGINEER may require, that replacement of work of others).
<br /> portion of the Work in question, furnishing all neces-
<br /> sary labor, material, and equipment. If it is found that 13.07 Correction Period
<br /> such Work is defective, CONTRACTOR shall pay all
<br /> Claims, costs, losses, and damages (including but not A. if within one year after the date of Substan#a_!
<br /> limited to all fees and charges of engineers, architects,
<br /> attorneys, and other professionals and all court or prescribed by Laws or Rorn latir,ns or by the terms of
<br /> r J ��.r..�r�,.r.,
<br /> arbitration or other dispute resolution costs) arising out any applicable special guarantee required by the
<br /> of or relating to such uncovering, exposure, observa-
<br /> tion, inspection, and testing, and of satisfactory QontF@Gt DeGlUments, any Work is found te--b=e
<br /> replacement or reconstruction (including but not defl Gr if the repair ef any damages to the land
<br /> limited to all costs of repair or replacement of work of
<br /> others); and OWNER shall be entitled to an OWNER or permitted by Laws na Regl lat'GR
<br /> appropriate decrease in the Contract Price. If the Gontemplated OR paragraph 6.11.A is found tG -be
<br /> parties are unable to agree as to the amount thereof,
<br /> OWNER may make a Claim therefor as provided in
<br /> paragraph 10.05. If, however, such Work is not found Rst.rur_,tions� (i) repair suGh defeGtiVe land or areas, or
<br /> to be defective, CONTRACTOR shall be allowed an
<br /> increase in the Contract Price or an extension of the
<br /> Contract Times (or Milestones), or both, directly the Preject—and replaGe it with Work that Rot
<br /> attributable to such uncovering, exposure,
<br /> observation, inspection, testing, replacement, and and FeplaGe aRy damage to other Work, to the
<br /> reconstruction. If the parties are unable to agree as to �.A.(A_Fk of others or other land or areas resulting there
<br /> the amount or extent thereof, CONTRACTOR may frem. If CONTRACTOR does not promptly comply
<br /> make a Claim therefor as provided in paragraph with the terms of such instructions, or in an
<br /> 10.05. emergency where delay would cause serious risk of
<br /> loss or damage, OWNER may have the defective
<br /> 13.05 OWNER May Stop the Work Work corrected or repaired or may have the rejected
<br /> Work removed and replaced, and all Claims, costs,
<br /> A. If the Werk is defective, er CONTRACTOR losses, and damages (including but not limited to all
<br /> fees and charges of engineers, architects, attorneys,
<br /> Materials Gr equipment, or fails to perform the VVeFk On and other professionals and all court or arbitration or
<br /> other dispute resolution costs) arising out of or relating
<br /> the CORtr@Gt Documents, OWNER may P_Fdear GON to such correction or repair or such removal and
<br /> TRACTOR to stop the or any portion thereef, replacement (including but not limited to all costs of
<br /> until the cause for ,r•h orrtor has been eliminated; repair or replacement of work of others)will be paid by
<br /> i Davi r mvc�-rcrv�ccrr -r�rr�rcv,
<br /> however, this right ef OWNER te stop the VVGrk shall
<br /> CONTRACTOR.
<br /> nGt_give rico to any duty on the part of OWNER t
<br /> r.�, a
<br /> exemise this right for the beReft of CONTRACTOR,
<br /> B.
<br /> any SubGE)ntFaGtGF, any Supplier, any other individual item Gf equipment is pl@Ged in Gentinuous seFvi___Q
<br /> before Suhrt;;nt*AI CnmpletiGR of all the Work,
<br /> 00700-General Conditions REV 5-10-13.doc
<br /> 00700-37
<br /> F_\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\00700-General Conditions
<br /> REV 5-10-13.doc
<br />
|