AGREEMENT between BROWARD COUNTY and Cummings ...

DIVISION 1 SPECIFICATIONS - SECTION 01390 CONTROL OF WORK
CPM or CONSULTANT failed to inspect after having been given reasonable
notice in writing that the Work was performed and ready for inspection.
D. Should the Contract Work include relocation, adjustment, or any other
modification to existing facilities, not the property of the COUNTY, authorized
representatives of the COUNTY of such facilities shall be given the right to
inspect such Work. Such inspection shall in no sense make any facility COUNTY
a party to the Contract, and shall in no way interfere with the rights of the parties
to this Contract. Inspection and/or approval of the Work or any portion thereof
shall not relieve the CONTRACTOR of responsibility for faulty materials or
workmanship.
1.10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK
A. All Work which does not conform to the requirements of the Contract Documents
will be considered unacceptable, unless otherwise determined acceptable by the
CPM as provided in Item 1.03 CONFORMITY WITH DRAWINGS AND
SPECIFICATIONS of this Section.
B. Unacceptable Work, whether the result of poor workmanship, use of defective
materials, damage through carelessness, or any other cause found to exist prior
to the Final Completion of the Work, shall be removed immediately and replaced
in an acceptable manner in accordance with the provisions of the Contract
Documents
C. Work done contrary to the instructions of the CPM, work done beyond the lines
shown on the Drawings or as given, except as herein specified, or any extra work
done without authority, will be considered as unauthorized and will not be paid for
under the provisions of the Contract. Work so done may be ordered removed or
replaced at the CONTRACTOR’s expense.
D. Upon failure on the part of the CONTRACTOR to comply forthwith with any order
of the CPM made under the provision of this Section, the CPM will have authority
to cause unacceptable work to be remedied or removed and replaced and
unauthorized work to be removed and to deduct the costs (incurred by the
COUNTY) from any monies due or to become due the CONTRACTOR.
1.11 MAINTENANCE DURING CONSTRUCTION
Exhibit 2
Page 288 of 379
A. The CONTRACTOR shall maintain the Work during construction and until the
Work is accepted by the CPM. This maintenance shall constitute continuous and
effective work prosecuted day by day, with adequate equipment and forces so
that the Work is maintained in satisfactory condition at all times. All Work shall
be protected during any delay between phases or sub-phases of construction
required to complete the Work.
1.12 FAILURE TO MAINTAIN THE WORK
A. Should the CONTRACTOR at any time fail to maintain the Work as provided in
Item 1.12 MAINTENANCE DURING CONSTRUCTION of this Section, the CPM
Section 01390 Control of Work Page 83