Reso 2005-825 - Laserfiche WebLink

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1. delays beyond tbe CODtrOl of both OWNER and CONTRACfOR iDd,ldh1c but DOt limited 10 files, floods, cpidcmk:a,'1baormd wcatbcr CODditions, IdS of God, or .ccs ar DeJIect by utility owaen or odacr' c:oatractors perfopniDg 0Ibcr work as contemplated by .C. If Laws or .Regulations of any public body having Artic:lc 7. . ' . .. --jurisdictioD requiIe.any Wade (or part Ibcnlof) specjfically to fI be inspected, -:tested;' or approved by aD. employee or other u rep~ative of such public body, CONTRACTOR d1a1l assume full responsibility for arrangiDg aDd obtainiDg such inspections, tests, or approvals. pay llI'costs in'coDDeCtion therewith, and fumisb ENGINEER the required certifICates of inspec:Iion or approval. Anicle 7, fires, floods, epidemics, abnormal weather coaditions, or acts of God. 12.04 Delays Within CONTRAcrOR's Control A. The Contract Times (or Milestooes) will not be cxtended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays B~o"" OWNER's and CONTRACTOR's Colllrol A. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or MileslODeS) due to delay beyond the control of both OWNER aDd CON'TRACfOR. an CJUalSion of Ihc Contract Times (or MilesloDCS) in an amouat equa110 the time lost due to such delay sba1J be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 D~lay Damages A. In DO event shall OWNER or ENGINEER be liable to CON'IRACTOR, any Subcomractor, any Supplier, or any other person or organization, or to any surety for or employee or agcot of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CON- TRACTOR; or B. Nothing in this paragraph 12.06 bars a change in CoIJUUt Price pursuant to Ihls Article 11 to compensate CONTRACTOR due to delay, interfereace, or disruption directly attn"butable to . actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFBCTIVE WORK. 13.01 Notiu 01 DefectS A~ Pro. DOCice of all defective Work of which OWNER or ENGINEER has actual bowIedge wiJl be liw:n 00700 - 34 n LJ to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. n L.J 13.02 Access 10 Work n 13.03 Tests and Inspections LJ A. CONTRACTOR.' shall give ENGINEER timely n notice of readiness of the Work for all required inspections, tests, or approvals and shalI cooperate with inspection and U testing persoDDCl to facilitate.requirccl inspectioDS or tests. n B. OWNER shall employ and pay for the services of an LJ independent testiDg laboratory to perform all inspcc~ons, tests, or approvals required by the Contract Documents n except: LJ 1. for inspections, tests, or approvals covered b" paragraphs 13.03.C and 13..03.D below; n u 2. dult cosU iDcurred in c;oan.ection with tests or inspections cooducted pursuant 10 paragraph 13.04.B n Iba11 be paid as provided in said paraaraph 13.04.B; and u 3. as otherwise specitically provided in the Coo- n tract Doc:umeats. I ' LJ n LJ n D. CONTRACTOR &hall be rcspoasible for arrangiDg and obtaiDiDg and Ihall pay all costs in CODDCCtion with any inspectioDs. tests, or approvals required for OWNER', aDd ENGINEER', ~.of materials or equipmeat 10 be ~ratecl iIllbc Wo1k; or ~ of mareriaIs, mix desfPs, or cquipmeat lUbmiuccl for apprcml prior to CONTRACl'OR', purdwc thereof for iaccxporation in the Work. Such inspcc:tions, tests. or approVIIs sba11 r performccl by orgauizatioas aa:eptable 10 OWNER an.. ENGINEER. u n u n LJ n LJ n u