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B . <br /> services of an independent testing laborato 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 co 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 . 13 shall be paid as provided in limited to all fees and charges of engineers , architects , <br /> said par raph 13 . 04 . 13 ; 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 <br />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 i <br /> able <br /> OWNER and ENGINEER. materials or equipment, or fails to performa Work in <br /> such a way that the completed Wor dl conform to <br /> E . If any Work (or the work of others ) that is to the Contract Documents , OWNE may order CON- <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 /> F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00700 - General Conditions REV 04-07.doc <br />