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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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An <br />40 <br />shall not give siso to any duty on the pan of OWNER to <br />exercise this right for the tacncfit of CONTRACTOR or any <br />surety orothcr party. <br />Carrrewn or Remaml of D'Vec ire 'Work. <br />I3.I I. If toluircd by ENGINEER.. CONTRACTOR shall <br />prom dy. as dimcted. eithercormct all defective Work. Whether <br />or not fabreAmd. Instalicd or armpleted. or. if the Work his <br />been tsjected by ENGINEER. remove it from the site and <br />replace it with Workthas is not defective. CONTRACTOR shalt <br />pay all claims, costs. losses and danngres Caused by or lt:sttki ng <br />from tush cortsction or removal (including but not limited to all <br />cases of repair or rcplmccmcnt of work of others). <br />13.72. C"Tecdan Pgriadr <br />17.17-1. If within one year after the due of Substantial <br />Completion or such longer period of time as (nay be pre- <br />scribed by laws or Rcgurtadons or by the terms of any <br />applicable special Guarantee required by'ttte Contract Doc- <br />umcnu or by any specific provision of the Contract 17ocu. <br />menu. any Work is found to be defecaine- CONTRACTOR <br />shall promptly, without cost to OWNER and in accordance <br />with OWNER's written instrtte:uitanx CI carters such defec- <br />tive Wo& or. if it his bean rejected by OWNER. remove h <br />from the site and replace it with Work (trot is not defective. <br />and till sarisfacton'iy correct or retnove and replace any <br />damage to otliee Work or the work of others resulting <br />therdrom. if CONTRACTOR does not promptly comply <br />with the terms of such last cbo= or in an emergency <br />where delay would cause serious risk of loss or damage. <br />OWNER )nay have the defective Work earreaed or the <br />rejected Work removed and replaced• and all claims. costs. <br />losses ash damages caused by or resulting from such re- <br />moval and rcplsrzmeat Iincluding but not limited to aA casu <br />of repair or replacement of work of oatm I will be paid by <br />CONTRAMR. <br />13. I2.Y. I n s pedal ciraststsmiscrs where a particular item <br />of equipment is planed in coluinuous service before Substan- <br />tial Completion of dl the War::. (tic correction period for that <br />item may stza to tum from rut earlier date if so provided in <br />the 5pet orations or by Written Amc mcii` <br />13.123. Where defective Work Iand daruhagc to odtcr <br />Work repultiag thcmfroml has been corrcoa A. removed or <br />replatxd under this paramaph 13.12. the correction period <br />hereunder with respeCt to such Work will be extended for an <br />additional period of one year after such correction or re• <br />mored and replacement has been sadsfaaa,* completed. <br />AeerpmneccfWfrersra Wank_ <br />13.13. If, instead of requiring correction or removal and <br />replacement of defective Work. OWNER lard. Prior to ENGI• <br />NEER's rccommerdation of firtal paynacnt.also ENGINEER) <br />nncfe-s vi xccept ,'.. OWNE1 ,r:+• into. (Ota .t.C''GR %hili <br />pay all etsims. costs. Iosscs and durtagcs attributable to <br />OWNER's evaluation or and determination to accept such <br />defective Work($=It costs to be approved by ENGINEER as <br />to rexsanablcness). If any such s=eptance oc.:ua prior to <br />ENGINEER's recommendation of final payment, Is Change <br />Order will be issued incorporating the necessary revisions In <br />the Contract UocumenIs with respect to the Work. and OWNER <br />shall be entitled to an appropriate decrease in the Contract <br />Arim and. if the panics are unable to agree u to tlty amottm <br />thereof. OWNER rtuy maize a claim therefor as provided in <br />Article I I. If d,e acceptance (occurs after such rtcOrru eoda- <br />tion. an appropriate amount veli be paid by CONTRAf.'TOR to <br />OWNER. <br />OIi NF -R ,tray Coater Defred- wonb <br />13.14. if CONTRACTOR fails within a realsortahtc time <br />after wriuen notice from ENGINEER to correea drfeative <br />Work or to remove and replace r*=d Work as required by <br />ENGINEER in accordance with paragraph 13.11. or if CON- <br />TRAC OR fads to perform the Work in L000rdaore with the <br />Contract Documents, or if CONTRACTOR fails to cemp(y <br />with any other provision of the Contract TDocuunews.OWNER . <br />nuv, after seven days' written notice to CONTRACTOR. <br />correct and remeely any surely deficiency. In exerris'tng the <br />rights and remedies under this paragraph OWNER shall pna- <br />eced expedltiously. In connection with such corrective and <br />IrmcdW action. OWNER may cxdude CONTRACTOR item <br />al c part of the sire. take possession c all or put of the Work. <br />and suspend CONTRAMWs services related thereto, take <br />possession of CONTRACTOR's tools. appliances, cCmstnsc- <br />tion equipment and tmchinery u the site and incorporate in the <br />Work all materials and equipment stores at the site or for which <br />OWNER hat paid CONTRACTOR but which are stored <br />elscwherc. CONTRACTOR shall allow OWNER. OWNER's <br />rcpreaenadvey. agents and emplayccs. OWNER's otherean- <br />tractots tend ENGINEER and ENGINEER's ConsWtanrs ac- <br />ccss to the site to enable OWNER to exercise due rights and <br />remedies under this puagraph. All cWmL cusu. losses and <br />damages incurred or sustained by OWNER in exm:Wng such <br />rights and remedies will be charged apkinst CONTRACTOR <br />and a [lunge Order will be issued incorporating the necessary <br />revisions in the Contrary. Documents with nmpca to the Work: <br />and OWNER stall be entitled to an alapropriase decrease in the <br />Contract price. and. if the panics arc unable to agree as to the <br />amount thereof. OWNER may make a claim therefor As <br />provided in Article 11. Such claims. casts. fosses and damages <br />will include but not be limited to aii costs of repair or rcvia,.c- <br />mcnt of work of others destroyed or damaged by cortrcuon. <br />remaval oar rcptwzmcnI of CONTRAC'TOR's defecrive Work. <br />CONTRACTOR shall not be allowed an extension of the <br />Contract limes tar Milestones, nectars- of any delay in the <br />performance ofthe Work armtautable todid exereisc by OWNER <br />of OWNER's rights and remedies hereunder. <br />ARTICLE 14 --PAYMENTS TO CONTRACTOR. AND <br />COMPLETION <br />Schcdidt of Yafnay <br />14.1. "the schedule of values established as Provided in <br />nrravfwt l2.9will serve as the tixin for prtWcss Payrnents and <br />
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