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1999-049
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1999-049
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Last modified
7/12/2023 10:10:37 AM
Creation date
7/12/2023 9:54:22 AM
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Template:
Official Documents
Official Document Type
Miscellaneous
Approved Date
02/16/1999
Control Number
1999-049
Entity Name
Driveways Inc.
Subject
Cherrywood Estates Water Expansion Project# 98-05-DS
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!• <br />• <br />delays beyond the controt of both panics including but net <br />limited to fires. floods. epidemics. abnormal weather condi- <br />tions. acts or God or acts or neglect by utility owners or <br />otlhercontractors perfornt+ng other work as contemplated by <br />AnICIe 7. <br />ARTICLE 13TESTS AND INSPECTIONS- <br />CORRECTION. REMOVAL OR <br />ACCEPTANCE OC DaECTII'E WORK <br />13.1. Nonce nrlhrecft: Prompt notice of 0 drfrerirr <br />Work of which OWNER or ENGINEER have actuat knowl- <br />edgc will be given to CONTRACTOR: All drfecairr Wort; <br />may be rejected. corrected or accepted as provided in this <br />Article 13. <br />A eters to WorfG <br />13.2. OWNER. ENGINEER ENGINEER's Consultants. <br />other ri prescr uatives and personnel of OWNER independent <br />testing Laboratories and ggvcrnmcnW agencies with jusisdic• <br />tional interests will have acoets to the Work at reasareable times <br />for their obacrvation, inspecting axed testing. CONTRACMR <br />shall provide them prgper and safe conditions for such access <br />and advise utero of CON MACTOR's site safety procedures <br />and proffams so chat they may comply therewith as applicable. <br />Trpu and inrpecdonr: <br />11,3, CONTRACTOR shell give ENGINEER timely no- <br />tice of readiness of the Work for alt required inspections. tests <br />or approvals. and aludI CAW perrte with inspection and testing <br />personnel to fmtitimte required inspections or test:. <br />13.4. OWNER shall employ and pay for the services bf an <br />independent teeing lahotattrry to perform all nspcatiotts. tests. <br />er approvals required by the Contract Documents except: <br />13.4.1. for inspections. tcsts or approvals covered by <br />paragraph 13.5 below: <br />13.4.1 that coats incurred in connection with tcsts Or <br />inspections canductcd pursuant to paragraph 13.9 below <br />shall be paid as provided in said paragraph 13.9: and <br />approval. CONTRACTOR stall also be responsible forarras&. <br />ingand obLain ingand shall pavall costs in connection with any <br />inspections, test$ or approvals required for OWNER'S and <br />ENGINEER's acceptance of materiils or equipment to be <br />incorporated in the Work. or of materials, mix designs, or <br />equipment submitted far approval prior to CONTRok=R's <br />purchase thtrbr for incorporation in the. Wort:, <br />13.6. if any Work for site work of others) that is to be <br />inspected. tested or approved is covered by CONTRACTOR <br />without vnittet) concunivnec of ENGINEER. it must, if sac- <br />qucued by ENGINEER. be uncovered for observation. <br />13.7. Uncovering. Work as provided in paragraph 13.6 shall <br />be at CONTRACTOR'S expense unless CONTRACTOR has <br />given ENGINEER timely notice of CONTRACTOR's inven- <br />tion to cover the wase and LNGINEER has not acted with <br />reasonable promptness in response to such notice. <br />Uneor«rrirta Berk: <br />13.8. ti any 1Vork is coveted contrary to the written request <br />of ENGINEER. it must, if requested by ENGINEER. be <br />uncovered for ENGINEER's observation and replaced it <br />CONTRACTOR's expense. <br />13.9. If ENGINEER considers it necessary or advisable <br />that covered Work be observed by ENGINEER or inspected <br />or tested by others. CONTRACTOR. at ENGINEER's re- <br />quest, shall uncover. expose or otherwise nuke available for <br />observation. inspection or testing as ENGINEER may require. <br />that portion of the Work in question. furnishing alt ncccsssr?' <br />Labor. nuterial and equipment. If it is found tits such Work is <br />drlective. CONTRACTOR shall pay at claims, costs. losses <br />and damages caused by. arising out of or resulting from such <br />uncovering. exposure, observation, inspection and testing and <br />of satisfactory replacement or recolisuuetion tineludittg beet not <br />limited to all costs of repair or mpiacement of work of ethers): <br />and OWNER shall be entitled to an appropriate dccrrase in the <br />Contract Price, and, if Ute panics are unable to agree as to the <br />amount ehetc:of. may makc a claim thesrfor as provided in <br />Article 11. if, however. such Work is not found to be defective. <br />CONTRACTOR shall be atlowed art increase in the Contract <br />Price or an extension oftheContract'[lmestor Milestones). or <br />both. directly attributable to such uncovering. exposure. oto <br />servation. inspection. testing. replacement and reconstruction: <br />nnd.if the panics arc unable to agrcem to the amount or extent <br />thereat. CONTPLAC3'OR may make a ciairn thcrefnr as pro- <br />vided in Articles 11 and I_. <br />17.4.3. as otherwise spocificalty provided is tilt Con' <br />l7tiYIVGR hfa_x Stop the Work: <br />matt Documents. <br />;1.s. If Laws or Regulations of any public body leaving <br />jurisdiction rcquim any %'rorktor Fran thereof, apc6fidlly w be <br />irapccted. tested or alrproved by an employee brother mprc- <br />sent7rtivc of such public body. CCI4TRAC OR thail assume <br />full respbeuibility for arranging and obtaining such inspections. <br />tests or apli(0vals. pay all cysts in cunnecrion Ibelt, it h. and <br />13.10. ff the Wotk is drrrcrit•r. or CONiRACTGR fai!s to <br />supply futncient skilled workers or suitable materials orequip- <br />me fit. or fails to funeish or ferib rtrr the Work in such a way that <br />the completed Weer, wits conform tb the Contract Documents. <br />OWNER may order CONTRAC TOR to stop the Work, ar any <br />thtrcof. un'il thr cause for such order,hL* Wri <br />rra'Nr.n 10 scup the <br />
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