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2000-222
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2000-222
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Last modified
4/25/2024 9:45:46 AM
Creation date
4/25/2024 9:37:45 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/18/2000
Control Number
2000-222
Agenda Item Number
11.C.2.
Entity Name
Don Howell Gilmore Associates, Inc.
Subject
Agreement for Main Library Addition & Rremodeling
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do <br />40 <br />1Z.2 CORRECTION OF WORK <br />12.2A BEFORE OR AFTER SUBSTANTIAL, COMPLETION <br />12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of <br />the Contract Documents, whether discovered before or after Substantial Completion and whether or not Fabricated, installed or <br />completed. Costs of correcting such rejleetcd Work, including additional testing and inspections and compensation for the <br />Architect's services and expenses made necessary thereby, shall beat the Contractor's expense. <br />12.2.2 AFTER SUBSTANTIAL COMPLETION <br />12.2,2.1 In addition to the Contractor's obligations under Paragraph 3.5, if. within one year after the date of Substantial <br />Completion of the Work or designated portion thereof or after the dale for commencement of warranties established under <br />Subparagraph 9,9, 1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is <br />found to be not in accordance with the requirements of the Contract Documents. the Contractor, at Contractors expense shall <br />correct it promptly after receipt of written notice from the Owner to do so unless lire Owner has previously given the Contractor <br />a written ex rens acceptance of such condiliam The Owner shall give such notice promptly atter discovery of the condition. ]f <br />anv of the Work is foignd,to be not in accordance with the requirements of [lie Contract Documents durinls the one-year period <br />for correction of Work and if the Owner fails to Vromoly thereafter ntrtify the Conlractor and tjve the Contractor an <br />QpppriunRy io make the correction, the Owner waives the ri t to acquire correction by the Contractor.l g-the-otte-year- <br />period !er Nett of�Yorli if t#re$wtaer fails to notify thealltrustar nod -give Ilee Conirnstor anunitye�nnkc tha` <br />epic<estiow..4tte Owne bre"It of warranty: if <br />the Contractor fails to corrocl nonconforming Work within a reasonable time during that period after receipt of notice from the <br />Owner or Architect, the Owner may correct it in accordance with Paragraph 2.4. <br />12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after <br />Substantial Completion by the period or time between Substantial Completion and the actual completion of performance of the <br />Work - <br />12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor <br />pursuant to this Paragraph 12.2. <br />12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of <br />the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. <br />12.2A The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or parlially <br />completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in <br />accordance with the requirements of the Contract Documents. <br />12.2.5 Nothing contained in this Paragraph 12.2 stuill be construed to establish a period of limitation with respect to other <br />obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for <br />correction of Work as described in Subparagriph 12.2.2 relates only to the specific obligation of the Contractor to correct the <br />Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to <br />be enforced, nor to the time within which piocccdings may be commenced to establish the Contractor's liability with respect to <br />the Contractor's obligations other thin specifically to correct Ilse Work. <br />12.3 ACCEPTANCE OF NONCONFORMING WORK <br />12,3.1 if the Owner prefers to accept Work which is not in accordance with the requirements orttte Contract Documents, the <br />Owner may do so instead of requiring its removal and correction, in which rose the Contract Stint will be reduced as <br />appropriate and equitable. Such adjustment shall be effected whether or not final payment has Wen made. <br />ARTICLE 13 MISCELLANEOUS PROVISIONS <br />13.1 GOVERNING LAW <br />13..1.1 'rhe Contract shall be governed by the law of the place where rte Project is located. <br />A[A1)(X7[rM[;,-.t29Y•i1F:Nhatr4LC[)NbrrltlNS❑r-11ildU[917RACTVOR CC1NSTRt'VIle1N-1'>9.711171't'tcIN-AIA-t'tFN'It1cil1'r19W-I.1I1-.A1115i.R1CAN <br />1NSTrllrn' (at' ARVln1TrJN, 17.55 NIM YORK AwI:.Nt@-. N.W.., WANIIINf FI -ON, I),('. 21KRb6-521JI. W'ARNlhti t'nai,mits ar phe.�w,y„mr, 0,44tm LIS, <br />cupyti& 10µe -a will _hjco thu vwlul�w I. ICPAI pts. wire. 'thi.. JoWmmml wn dMjv is lly prvdu�til "Wi p�miai�rr L,1 d,e MA oW i:&” tk- r qr-JUL_l. wilhtm <br />riva0tirfi uoiilthe cline uF.�pimim sa nuiest hrt,ns. <br />FILcIronic Forotal A201-1+297 <br />User Document: VERO -- 7i11124HH1. AIA License Number 104611H), which expires on I/W241111 -- Page 4:18 <br />
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