Agenda - 12-11-2007-4lxtr - Laserfiche WebLink

Browse Search

d} .Make goad any Work or material, or .any equipment ar contents disturbed in fulfilling any such guarantee. If, in fulfilling the requirements of the Contract Documents or of any guarantee embraced therein or required thereby, the Contractor disturbs any work, facility, premises, or construction belonging to the Owner, the Contractor shali• restore such disturbed work, facility, premises or construction to a condition sattsfactoryi to the Owner, and shalt guarantee such restored work to the same extent as if it were Work under the Contract Documents. tf the Contractor, after notice, fails to proceed promptly to comply with the terms of the guarantee, the CMAR may have the ~ defects corrected, and the Contractor and the Contractor's sureties shall be tiabte far all expenses incurred. "Promptly" is defined as within twenty four (24) hours for systems necessary to normal operation of the building and within seventy-two (72) hours fior all other Items. All special guarantees applicable to definite parts of the Work that may be shown in or required by Contract Documents shalt be subject to the terms of this paragraph during the first year of the [ife of such special guarantee. Manufacturer's s#andard guarantees or warranties which do not comply with the tune omit specified herein shall be extended by the Contractor automatically without further Taction an the part of the,CMAR. 18.4 .ln the eleventh calendar month after Substantial Completion of the entire Project, and, at the request of the CMAR, the Contractor, the CMAR, the Owner and the Designer shall make an inspection of the Work far the purpose of identifying defective workmanship andlar materials. If the Gontractor, having been requested to da so by the CMAR, faits to __ participate-!n such inspection, the Contractor shall be conclusively bound by any decision or ruling by khe Designer as to any defective ~ivorkmansiiip or material and as to ~#he Contractor's responsibility for its repair or replacement. ARTICLE 19. CMAR'S RIGHT' TO DO WORK 19.1 lf, during the progress of the Wark or during any period of guarantee, the Contractor fails to prosecute the Work property or to perform any provision of the Contract ©ocumerformhor CMAR, after three (3) days written notice tq the Contractor from the CMAR, may p have performed that portion of the Work and may deduct the cost thereof from any amount due ar to become due the Contractor. Notwithstanding any action by the CMAR under this paragraph, all warranties and bonds given ar to be given by the Contractor shat[ remain in effect or shalt be given by the Contractor. 19.2 Should the cost of such action by the CMAR exceed the amount due ar to become due the Contractor, the Contractor and the Contractor's sureties shall be tiabte for and shalt pay to the CMAR the amount of such. excess. ARTICLE 20, PARTIAL PAYMENTS 20.1 Within thirty (30) days after initial receipt of the Construction Agreement by the Gontractor for signatures khe Contractor shalt submit to the CMAR a Schedule of Values. The Schedule of Values shall indicate the value of the Wark, including applicable overhead and profit, far each Division and section of the Project Specifications. The CMAR shalt be provided with the Contractor's estimate papers, Subcontractor agreements, supplier quotes, or other documents substantiating these values if so requested in writing by the CMAR. The Contractor shall provide the requested documentation within. seven (7} days after receipt of the CMAR`s written request. The Schedule of Values shat! tie subject to approval by the CMAR and the Owner, and if the CMAR and the Contractor cannot agree upon the Schedule of Values, the Designer shalt prepare it, and the Schedule of Values as •GENERAL COh1Dl-1'IONS 1=0R CM AT RISK PRO3EGT 34 of 42 SUNE 2007 EDkTIOt•.