|
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 /> /haincurred in connection with such Work is defective , CONTRACTOR shall pay all
<br /> testss conducted pursuant to Claims , costs , losses , and damages ( including but not
<br /> parahall be paid as provided in limited to all fees and charges of engineers , architects ,
<br /> said , 13 ; and attorneys , and other professionals and all court or
<br /> arbitration or other dispute resolution costs ) arising out
<br /> se specifically provided in of or relating to such uncovering , exposure , observa -
<br /> R#GlGt r s 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
<br /> 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 . Ifthe
<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
<br /> not found
<br /> approvals , pay all costs in connection therewith , and to be defective , CONTRACTOR shall be allowed
<br /> 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 A. if the \NGFk is a „f {ive , GF QQNT 1)
<br /> shall be performed by organizations acceptable to fails to supply sufficient skilled workers or stable
<br /> OWNER and ENGINEER . materials or equipment, or fails to perform e Work in
<br /> such a way that the completed Wor III 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 /> eyed for observation . not give rise to duty on the part of OWNER to
<br /> exercise this 00 t for the benefit of CONTRACTOR ,
<br /> F . Uncovering Work as provided in paragraph any Sub tractor, any Supplier , any other individual
<br /> 13 . 03 . E shall be at CONTRACTOR' s expense unless Gr (PzAt, I Ar-a y-sere#l-fsr;-Gr empleysee eF geRt of
<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.doc
<br /> 00700 - 36
<br /> FAEngineering\Special Projects\Eagle Trace Phase 2\Contract Documents\Eagle Trace Subdivision Phase 11\00700 - General Conditions REV 04-07.doc
<br />
|