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<br /> arbitration or other dispute resolution costs)arising out Con#aGt9GGL4meRts oF by any speGifiG PF9ViSiGn-Gfge
<br /> of or relating to such uncovering, exposure, observa- CgntFaGt IDGG61ments-,��rk is fGURd te be
<br /> tion, inspection, and testing, and of satisfactory defect;• or if the repair Gf any damagesto the land
<br /> replacement or reconstruction (including but not OF aFeas mavadale f8F GONTRAGTOR's use hit
<br /> limited to all costs of repair or replacement of work of OWNER eF-Pe mitt a h„ I ^,.,s and Regi ll^+inns a$ j
<br /> others); and OWNER shall be entitled to an Goi temnlate.d in n^ raph a 11 n is found + be
<br /> appropriate decrease in the Contract Price. If the
<br /> parties are unable to agree as to the amount thereof,
<br /> OWNER may make a Claim therefor as provided in instrusta
<br /> paragraph 10.05..If, however, such Work is not found (ii)-GerreGt SUGh-defeGt, e-VVeFk or, if the defest;V
<br /> to be defective, CONTRACTOR shall be allowed an has^s been neje„ted by O.A NEP' +eemGre 'ter fr9m
<br /> Work rc ti
<br /> increase in the Contract Price or an extension of the the RrGjest and replaGe-it with yrr, that is not
<br /> Contract Times (or Milestones), or both, directly defective, r„d (iii) satisfaraterily GerFe P4epa+--of
<br /> attributable to such uncovering, exposure Femove and replaGe aRY mage to r.ther VVerh + th
<br /> observation, inspection, testing, replacement, and weak of others o s4eS4WRg there i
<br /> reconstruction. If the parties are unable to agree as to fram If CONTRACTOR does not promptly comply
<br /> the amount or extent thereof, CONTRACTOR may with the terms of such instructions, or in an
<br /> make a Claim therefor as provided in paragraph emergency where delay would cause serious risk of
<br /> 10.05. loss or damage, OWNER may have the defective
<br /> Work corrected or repaired or may have the rejected
<br /> 13.05 OWNER May Stop the Work Work removdd and replaced, and all Claims, costs,
<br /> losses, and damages (including but not limited to all
<br /> A. if the VVo fees and charges of engineers, architects, attorneys,
<br /> fails t0 SUPPly SUffiGieRt skilled wGi:kers or suitableand other professionals and all court or arbitration or
<br /> materials Gr equipment, or fails to perfoFm thp Wnrk other dispute resolution costs)arising out of or relating
<br /> suGh a way that the GOmpleted Work Will GGRf9FM t9_ to such correction or repair or such removal and
<br /> the C;E)RtFaGt DOGUMeRtS, OWNER may order GON replacement (including but not limited to all costs of
<br /> TRACTOR te step the Werk, eF any pertion , repair or replacement of work of others)will be paid by
<br /> until the ause fGr SUGh, Greer has bee ;i ,,,ate '' CONTRACTOR.
<br /> hewever, this right of(l1 NEP to Nsterehe} Werk shall i
<br /> Ret giVe rise to any duty en the partom^ QWIi ER to B. fn-speGial GiFG6Mst es :'here w art, uln„
<br /> ex raise this right for the benefit of CONTRACTOR item of equipment i nh+�in_..GGnt�-r{' eus sePAGe
<br /> �C .,. .,^y.., .moo,-a-,--,--�r
<br /> a v , any other iRdividual befGre Substaptia14�' �
<br /> F of all the �A��he
<br /> Gr entity, or any surety forOF employee agent of Gerrestien--peried-#Gr}hot item may start tG rim from an
<br /> aRy o them. earlier date if so provided r1 in th
<br /> SAS,Fitten Amendment..
<br /> 13.06 Correction or Removal of Defective Work
<br /> C. Where defective Work (and damage to other
<br /> A. CONTRACTOR shall correct all defective Work resulting therefrom) has been corrected or i
<br /> Work, whether or not fabricated, installed, or removed and replaced under this paragraph 13.07,
<br /> completed, or, if the Work has been rejected by ENGI- the correction period hereunder with respect to such
<br /> NEER, remove it from the Project and replace it with Work will be extended for an additional period of one
<br /> Work that is not defective. CONTRACTOR shall pay year after such correction or removal and replacement
<br /> all Claims, costs, losses, and damages (including but has been satisfactorily completed.
<br /> not limited to all fees and charges of engineers,
<br /> architects, attorneys, and other professionals and all D. CONTRACTOR's obligations under this j
<br /> court or arbitration or other dispute resolution costs) paragraph 13.07 are in addition to any other obligation
<br /> arising out of or relating to such correction or removal or warranty. The provisions of this paragraph 13.07
<br /> (including but not limited to all costs of repair or shall not be construed as a substitute for or a waiver
<br /> replacement of work of others). of the provisions of any applicable statute of limitation
<br /> or repose.
<br /> 13.07 Correction Period i
<br /> 13.08 Acceptance of Defective Work
<br /> A. if within one vee after the dateofvuhvtvntrrnI
<br /> GampletieR OF SUGh I9R9eF pei;iod of time as may be A. If, instead of requiring correction or removal
<br /> nreeorihed by Laws or Regulat;G^s-er by the } f and replacement of defective Work, OWNER (and, �
<br /> rior to ENGINEER's recommendation of final pa
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<br /> 00700-General Conditions REV 5-10-13 I
<br /> 00700-37
<br /> F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St to Airport Dr Wesl\Admim\bid documents\Master Contract Documents\00700-
<br /> General Conditions REV 5-10-13.doc
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