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Weld County,Colorado
<br /> PROJECT No.B 1400202
<br /> o N TX
<br /> Book 1 -Contract
<br /> Documents, then the cost of uncovering,removing and restoring the Work and recovery of any
<br /> delay to the Critical Path occasioned thereby shall be at the Contractor's expense and the
<br /> Contract Price shall not be increased as a result. If Work exposed or examined under this
<br /> Section 5.5.3 is in conformance with the requirements of the Contract Documents, then any
<br /> delay in the Critical Path from uncovering, removing and restoring Work shall be considered a
<br /> the County-Caused Delay, and the Contractor shall be entitled to a Change Order for the cost of
<br /> such efforts and recovery of any delay to the Critical Path occasioned thereby, subject to the
<br /> provisions of Section 13. Refer to Section 5.7 for provisions regarding payments owing by the
<br /> Contractor to the County, if the County agrees (in its sole discretion) to Accept certain
<br /> Nonconforming Work.
<br /> 5.6 Effect of Oversight, Spot Checks, Verifications, Tests,Acceptances, and
<br /> Approvals
<br /> 5.6.1 Oversight and Acceptance
<br /> The Contractor shall not be relieved of its obligation to perform the Work in accordance with the
<br /> Contract Documents, or any of its other obligations under the Contract Documents, by oversight,
<br /> spot checks,verifications, reviews, tests, inspections, Acceptances, or Approvals by any Persons,
<br /> or by any failure of any Person to take such action. The oversight, spot checks, verifications,
<br /> audits, reviews, tests, inspections, Acceptances, and Approvals by any Person do not constitute
<br /> Final Acceptance of the particular material or Work, or waiver of any legal or equitable right
<br /> with respect thereto. The County may reject or require the Contractor to remedy any
<br /> Nonconforming Work and/or identify additional Work which must be done to bring the Project
<br /> into compliance with Contract requirements at any time prior to Final Acceptance, whether or
<br /> not previous oversight, spot checks, verifications, audits, reviews, tests, inspections,
<br /> Acceptances, or Approvals were conducted by any Person.
<br /> 5.6.2 No Estoppel
<br /> The County shall not be precluded or estopped by any measurement, estimate, or certificate
<br /> made either before or after Final Acceptance and payment therefore, from making a
<br /> determination that any such measurement, estimate or certificate is incorrectly made or untrue, or
<br /> from showing the true amount and character of the work performed and materials furnished by
<br /> the Contractor, or from making a determination that the work or materials do not conform in fact
<br /> to the requirements of the Contract Documents. Notwithstanding any such measurement,
<br /> estimate or certificate, or payment made in accordance therewith, the County shall not be
<br /> precluded or estopped from recovering from the Contractor and its Surety(ies) such damages as
<br /> the County may sustain by reason of the Contractor's failure to comply or to have complied with
<br /> the terms of the Contract Documents.
<br /> 5.7 Nonconforming Work
<br /> 5.7.1 Rejection, Removal, and Replacement of Work
<br /> Subject to the County's right, in its sole discretion, to Accept or reject Nonconforming Work, the
<br /> Contractor shall remove and replace rejected Nonconforming Work so as to conform with the
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