Condiciones Generales Uniformes para la Contratación de Obras Pública en Puerto Rico. Incluye Analisis de Flexibilidad

12.3.3.1 Whenever Contractor is responsible for arranging, obtaining and paying for costs in connection with any inspection, test, or approval required for Owner's Representative's or Architect/Engineer's acceptance of materials, mix designs, or equipment, the inspecting or testing entity shall be submitted for approval by Owner's Representative and the inspection or test shall be performed prior to Contractor purchasing such materials, mix designs, or equipment for incorporation to the Work. 12.3.3.1.1. Unless otherwise indicated in the Contract Documents, such inspections, tests, or approvals shall be performed by organizations acceptable to Owner, Owner's Representative and Architect/Engineer, whose acceptance shall not be unreasonably denied. 12.3.4. If Laws or Regulations of any public body having jurisdiction, at bid opening date, require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Owner's Representative the required certificates of inspection or approval. If said Laws and Regulations are enacted after bid opening date, the costs for said inspections shall be borne by the Owner. 12.4 Uncovering Work 12.4.1. If a portion of the Work, whether or not inspected, tested or approved is covered contrary to the Owner's Representative written request or to requirements specifically expressed in the Contract Documents, - 76 UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS it must, if required in writing by the Owner's Representative be uncovered for the Owner's Representative observation and be replaced or reconstructed at the Contractors expense without change in the Contract Time and Amount. 12.4.2. If a portion of the Work whether or not inspected, tested or approved has been covered and the Owner's Representative had not specifically required its inspection in writing prior to being covered, the Owner's Representative may required its inspection and it shall be uncovered by the Contractor. 12.4.2.1. If it is found that such Work is defective, Contractor shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others.) 12.4.2.2. If however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 12.5 Correction or Removal of Deficient Work 12.5.1. Contractor shall correct all deficient Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Owner's Representative's, remove it from the Project and replace it with Work that is not deficient. Contractor shall bear, exclusively, the cost of correcting such deficient Work. 12.6 Correction Period 12.6.1. If within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be deficient; or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations, at the Effective Date of the Agreement, as contemplated in Article 6.11.1 is found to be deficient, in all such instances Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 12.6.1. 1. repair such deficient land or areas; or 12.6.1.2. correct such deficient Work or, if the deficient Work has been rejected by Owner, remove it from the Project and replace it with Work that is not deficient, and 12.6.1.3. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or other's land or areas resulting therefrom. 12.6.1.3.1. If Contractor does not, after a ten (10) day written notice from Owner, promptly start complying and diligently comply with the terms of such instructions, (or in an emergency where delay would cause serious risk of loss or damage), Owner may have the deficient Work corrected or repaired or may have the rejected Work removed and replaced, and all costs, arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. 77 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 12.6.2. In special circumstances where a particular item of equipment is placed in continuous service, at the request of the Owner's Representative, before Substantial Completion of all the Work, the correction period for that item shall start to run from the date that said equipment is placed on service. 12.6.3. Where deficient Work (and damage to other Work resulting there from) has been corrected or removed and replaced under this section 12.6, the correction period hereunder with respect to such Work will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. 12.7 Acceptance of Non-Compliant Work 12.7.1. If both parties agree, instead of requiring correction or removal and replacement of deficient Work, and Owner (prior to Architect/Engineer's recommendation of final payment) prefers to accept it, Owner may do so. 12.7.1.1. If both parties cannot reach agreement on acceptance of deficient work, then the Contractor shall correct such deficient Work to Owner's satisfaction or either party may make a Claim as provided in Article 11.5. 12.7.2. If any such acceptance occurs prior to Owner's Representative's recommendation of final payment, a Change Order/Extra Work Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 12.7.2.1. If the parties are unable to agree as to the amount thereof, either party may Claim as provided in