09-26-2001 Council Agenda - Laserfiche WebLink

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Article 32 32.1 Mn/DOT Agreement No. 81650 Exhibit A notice of termination delivered in person, by mail, or facsimile to Contractor at the address specified in this Contract. State will not be obligated to pay for any services and/or goods provided by Contractor after such notice of termination. Errors and Omissions Contractor will be responsible for the accuracy of the work and must promptly make necessary revisions or corrections resulting from Contractor's errors, omissions, or negligent acts without additional compensation. Acceptance of the work by State will not relieve Contractor of the responsibility for subsequent correction of any errors or omissions or for clarification of any ambiguities. It is understood by the parties that State will rely on the professional performance and ability of Contractor. Any examination by State or the Federal Highway Administration, or any acceptance or use of the work product of the Contractor, will not be considered to be a full and comprehensive examination and will not be considered an approval of the work product of Contractor which would relieve Contractor from any liability or expense that could be connected with Contractor's sole responsibility for the propriety and integrity of the professional work to be accomplished by Contractor pursuant to this Contract. 32.2 At any time during construction or any phase of work performed by others based on data provided by Contractor, Contractor must confer with State when necessary for the purpose of interpreting the information secured and/or to correct any errors or omissions made by Contractor. Contractor must prepare any and all plans or data needed to correct the errors or omissions without added compensation, even though final payment may already have been received by Contractor. Contractor must give immediate attention to these changes so there will be minimal delay to the construction or other work as referenced. 32.3 If errors, omissions, or negligent acts are made by Contractor in any phase of the work, the correction of which may require additional field or office work, Contractor will be promptly notified by State and will be required to perform such additional work as may be necessary to correct these errors, omissions, or negligent acts without undue delay and without additional cost to State. If Contractor is aware of any errors, omissions, or negligent acts made in any phase of the work, the corrections of which may require any additional field or office work, Contractor must promptly perform such additional work as may be necessary to correct these errors, omissions, or negligent acts without undue delay and without additional cost to State. 32.4 Contractor will be responsible for any damages incurred as a result of its errors, omissions, or negligent acts and for any loss or cost to repair or remedy Contractor's errors, omissions or negligent acts. Acceptance of the work by State will not relieve Contractor of the responsibility for subsequent correction of any such errors, omissions, or negligent acts, or of liability for loss or damage resulting therefrom. 32.5 Contractor must respond to State's notice of any errors or omissions within 24 hours and give immediate attention to these corrections to minimize any delays to State. Notification will be by telephone, followed by Certified Mail. Contractor may be required to make a field review of the project site, as defined in the Special Terms, if directed by State's Authorized Agent and Contractor may be required to send personnel to the appropriate State district office as part of correcting any errors or omissions. February 2001 Page 70