|
'
<br /> 3 . as otherwise specifically provided in attorneys , and other professionals and all court or
<br /> arbitration or other dispute resolution costs) arising out
<br /> the Contract Documents .
<br /> ' of or relating to such uncovering , exposure , observa-
<br /> tion , inspection , and testing , and of satisfactory
<br /> C . If Laws or Regulations of any public bod Y replacement or reconstruction (including but not
<br /> ' having jurisdiction require any Work (or part thereof) limited to all costs of repair or replacement of work
<br /> of
<br /> specifically to be inspected , tested , or approved by an others) ; and OWNER shall be entitled to an
<br /> employee or other representative of such public body, aro riate decrease in the Contract Price . If the
<br /> CONTRACTOR shall assume full responsibility for arties are unable to agree as to the amount thereof,
<br /> ' arranging and obtaining such inspections , tests , or OWNER may make a Claim therefor as provided
<br /> in
<br /> approvals , pay all costs in connection therewith , and ara rah 10 .05 . If, however, such Work is not found
<br /> furnish ENGINEER the required certificates of inspec- to be defective , CONTRACTOR shall be allowed an
<br /> ' tion or approval . increase in the Contract Price or an extension of the
<br /> Contract Times (or Milestones) ,
<br /> or both , directly
<br /> D . CONTRACTOR shall be responsible for ts in attributable to such uncovering , exposure ,
<br /> arranging and obtaining and shall pay all cosovaIs observation , inspection , testing , replacement, and
<br /> connection with any inspections , tests , or app reconstruction . If the parties are unable to agree as to
<br /> required for OWNER's and ENGINEER's acceptance the amount or extent thereof, CONTRACTOR may
<br /> of materials or equipment to be incorporated in the make a Claim therefor as provided in paragraph
<br /> Work; or acceptance of materials , mix designs , or 10 .05 ,
<br /> equipment submitted for approval prior to
<br /> CONTRACTOR' s purchase thereof for incorporationovals 13 .05 OWNER May Stop the Work
<br /> in the Work . Such inspections , tests , or app
<br /> ' shall be performed by organizations acceptable to
<br /> A. If the Work is defective , or CONTRACTOR
<br /> OWNER and ENGINEER . fails to supply sufficient skilled workers or suitable
<br /> E . If any Work (or the work of others) that is to materials or equipment, or fails to perform the Work in
<br /> N
<br /> be inspected , tested , or approved is covered by CO
<br /> - such a way that the completed Work will conform to
<br /> the Contract Documents , OWNER may order CON-
<br /> TRACTOR without written concurrence of nco TRACTOR to stop the Work, or any portion thereof,
<br /> NEER, it must, if requested by ENGINEER, be uncov-
<br /> until the cause for such order has been eliminated ;
<br /> ' ered for observation . however, this right of OWNER to stop the Work shall
<br /> F . Uncovering Work as provided in paragraph not give rise to any duty on the part of OWNER
<br /> to
<br /> Supplier, any other individual
<br /> 13 . 03 . E shall be at CO any expense unless exercise this right for the benefit of CONTRACTOR,
<br /> CONTRACTOR has given ENGINEER timely notice any Subcontractor, any Supp
<br /> of CONTRACTOR's intention to cover the same and or entity, or any surety for, or employee or agent o
<br /> ENGINEER has not acted with reasonable prompt- any of them .
<br /> ' ness in response to such notice . 13 . 06 Correction or Removal of Defective Work
<br /> 13 . 04 Uncovering Work A. CONTRACTOR shall correct all defective
<br /> ' Work is covered contrary to the written Work, whether or not fabricated , installed , or
<br /> A. If any completed , or, if the Work has been rejected by
<br /> request of ENGINEER, it must, if requested by ENGI- NEER, remove it from the Project and replace it with
<br /> NEER, be uncovered for ENGINEER' s observation Work that is not defective . CONTRACTOR shall pay
<br /> rand replaced at CONTRACTOR's expense . 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 /> architects , attorneys , and other professionals and all
<br /> advisable that covered Work be observed by ENGI- court or arbitration or other dispute resolution costs)
<br /> ' NEER or inspected or tested by others , CONTRAC- arising out of or relating to such correction or removal
<br /> TOR, at ENGINEER's request, shall uncover, expose , Including but not limited to all costs of repair
<br /> or
<br /> '
<br /> or otherwise make available for observation , inspec- re lading
<br /> of work of others) .tion , or testing as ENGINEER may require , that P
<br /> portion of the Work in question , furnishing all neces- 13 . 07 Correction Period
<br /> sary labor, material , and equipment. If it is found that year after the date of Substantial
<br /> such Work is defective , CONTRACTOR shall pay all A. If within one y
<br /> '
<br /> Claims , costs ,
<br /> losses ,
<br /> o ses , and damages charges of engineers ,(including
<br /> llularchitects ,but
<br /> oCompletion or such longer period of time as may be
<br /> limited to all fees
<br /> I
<br /> 00700-38
<br /> 0386- 00700 - General Conditions
<br /> F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General
<br /> r.nnditions .doc
<br />
|