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B .
<br /> services of an independent testing laboratow to B . If ENGINEER considers it necessary or
<br /> perform all inspections , tests , or approvals re red by advisable that covered Work be observed by ENGI-
<br /> the Contract Documents except: NEER or inspected or tested by others , CONTRAC-
<br /> TOR, at ENGINEER's request, shall uncover, expose,
<br /> 1 . for inspections , to or approvals or otherwise make available for observation , inspec-
<br /> covered by paragraphs 1 3 . 0 and 13 .03 . D tion , or testing as ENGINEER may require, that
<br /> below; portion of the Work in question , furnishing all neces-
<br /> sary labor, material , and equipment. If it is found that
<br /> 2 . that cos incurred in connection with such Work is defective, CONTRACTOR shall pay all
<br /> tests or insp ions conducted pursuant to Claims , costs , losses , and damages (including but not
<br /> paragraph .04 . 6 shall be paid as provided in limited to all fees and charges of engineers , architects ,
<br /> said par raph 13 . 04. 6 ; and attorneys , and other professionals and all court or
<br /> arbitration or other dispute resolution costs) arising out
<br /> as otherwise specifically provided in of or relating to such uncovering , exposure, observa-
<br /> tion , inspection , and testing , and of satisfactory
<br /> replacement or reconstruction (including but not
<br /> C . If Laws or Regulations of any public body limited to all costs of repair or replacement of work of
<br /> having jurisdiction require any Work (or part thereof) others ) ; and OWNER shall be entitled to an
<br /> specifically to be inspected , tested , or approved by an appropriate decrease in the Contract Price . If the
<br /> employee or other representative of such public body, parties are unable to agree as to the amount thereof,
<br /> CONTRACTOR shall assume full responsibility for OWNER may make a Claim therefor as provided in
<br /> arranging and obtaining such inspections , tests , or paragraph 10 .05 . If, however, such Work is not found
<br /> approvals , pay all costs in connection therewith , and to be defective, CONTRACTOR shall be allowed an
<br /> furnish ENGINEER the required certificates of inspec- increase in the Contract Price or an extension of the
<br /> tion or approval . Contract Times (or Milestones), or both, directly
<br /> attributable to such uncovering , exposure,
<br /> D . CONTRACTOR shall be responsible for observation , inspection , testing , replacement, and
<br /> arranging and obtaining and shall pay all costs in reconstruction . If the parties are unable to agree
<br /> as to
<br /> connection with any inspections, tests , or approvals the amount or extent thereof, CONTRACTOR may
<br /> required for OWNER's and ENGINEER's acceptance make a Claim therefor as provided in paragraph
<br /> of materials or equipment to be incorporated in the 10 . 05 .
<br /> Work; or acceptance of materials , mix designs , or
<br /> equipment submitted for approval prior to 13 . 05 OWNER May Stop the Work
<br /> CONTRACTOR's purchase thereof for incorporation
<br /> in the Work. Such inspections , tests, or approvals ,
<br /> shall be performed by organizations acceptable to fails to supply sufficient skilled workers or
<br /> stable
<br /> OWNER and ENGINEER. materials or equipment, or fails to perform a Work in
<br /> such a way that the completed Wor ill conform to
<br /> E . If any Work (or the work of others) that is to the Contract Documents , OWNE may order CON -
<br /> 0000
<br /> be inspected , tested , or approved is covered by CON - TRACTOR to stop the Work r any portion thereof,
<br /> TRACTOR without written concurrence of ENGI- until the cause for such der has been eliminated ;
<br /> NEER, it must, if requested by ENGINEER, be uncov- however, this right of NER to stop the Work shall
<br /> ered for observation . not give rise to duty on the part of OWNER to
<br /> exercise this t for the benefit of CONTRACTOR,
<br /> F. Uncovering Work as provided in paragraph any Sub ractor, any Supplier, any other individual
<br /> 13 .03 . E shall be at CONTRACTOR's expense unless ,
<br /> CONTRACTOR has given ENGINEER timely notice
<br /> of CONTRACTOR's intention to cover the same and
<br /> ENGINEER has not acted with reasonable prompt- .
<br /> ness in response to such notice .
<br /> 13 . 04 Uncovering Work
<br /> A. If any Work is covered contrary to the written
<br /> request of ENGINEER, it must, if requested by ENGI -
<br /> NEER, be uncovered for ENGINEER's observation
<br /> and replaced at CONTRACTOR's expense .
<br /> 00700 - General Conditions REV 04-07
<br /> 00700 - 36
<br /> FAEngineering\Capital Projects\0206 Sth ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT B10\00700 - General Conditions REV 04-07.doe
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