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of utility owners or other contractors performing other ARTICLE 13 - TESTS AND INSPECTIONS ; <br /> work as contemplated by Article 7, fires, floods, CORRECTION , REMOVAL OR ACCEPTANCE OF <br /> epidemics, abnormal weather conditions, or acts of DEFECTIVE WORK <br /> God. <br /> 12 . 04 Delays Within CONTRACTOR's Control 13 . 01 Notice of Defects <br /> A. The Contract Times (or Milestones) will not be A. Prompt notice of all defective Work of which <br /> extended due to delays within the control of OWNER or ENGINEER has actual knowledge will be <br /> CONTRACTOR. Delays attributable to and within the given to CONTRACTOR. All defective Work may be <br /> control of a Subcontractor or Supplier shall be rejected , corrected , or accepted as provided in this <br /> deemed to be delays within the control of CONTRAC- Article 13. <br /> TOR. <br /> 13. 02 Access to Work <br /> 12. 05 Delays Beyond OWNER's and <br /> CONTRACTOR's Control A. OWNER, ENGINEER, ENGINEER's Con- <br /> sultants, other representatives and personnel of <br /> A. Where CONTRACTOR is prevented from OWNER, independent testing laboratories, and <br /> completing any part of the Work within the Contract governmental agencies with jurisdictional interests will <br /> Times (or Milestones) due to delay beyond the control have access to the Site and the Work at reasonable <br /> of both OWNER and CONTRACTOR, an extension of times for their observation , inspecting , and testing . <br /> the Contract Times (or Milestones) in an amount CONTRACTOR shall provide them proper and safe <br /> equal to the time lost due to such delay shall be conditions for such access and advise them of <br /> CONTRACTOR's sole and exclusive remedy for such CONTRACTOR's Site safety procedures and <br /> delay. programs so that they may comply therewith as <br /> applicable. <br /> 12.06 Delay Damages <br /> 13 . 03 Tests and Inspections <br /> A. In no event. shall OWNER or ENGINEER be <br /> liable to CONTRACTOR, any Subcontractor, any A. CONTRACTOR shall give ENGINEER timely <br /> Supplier, or any other person or organization , or to any notice of readiness of the Work for all required <br /> surety for or employee or agent of any of them , for inspections, tests, or approvals and shall <br /> cooperate <br /> damages arising out of or resulting from. with inspection and testing personnel to facilitate <br /> required inspections or tests. <br /> 1 . delays caused by or within the control <br /> of CONTRACTOR; or B. GWNI�R shall employ and Pay fQF the <br /> seFyiGes of an independent tar%fln. labeFatei:y 4G <br /> 20 delays beyond the control of both , OF approvals requiFed by <br /> OWNER and CONTRACTOR including but not the GGAtFaGt DeGuments exGept; <br /> limited to fires, floods, epidemics, abnormal <br /> weather conditions, acts of God, or acts or , OF appmov.816. <br /> neglect by utility owners or other contractors Govered by paFagFaphs 13. 034 and 4 8034) <br /> performing other work as contemplated by belewi <br /> Article 7. <br /> B . Nothing in this paragraph 12. 06 bars a <br /> change in Contract Price pursuant to this Article 12 to paFagFaph 13 . 04 . 13 shall be paid as pFoy*ded in <br /> compensate CONTRACTOR due to delay, said paFagraph 13 . 04 . 6 ; aPA <br /> interference, or disruption directly attributable to <br /> actions or inactions of OWNER or anyone for whom <br /> OWNER is responsible. <br /> C . If Laws or Regulations of any public body <br /> having jurisdiction require any Work (or part thereof) <br /> specifically to be inspected , tested , or approved by an <br /> employee or other representative of such public body, <br /> CONTRACTOR shall assume full responsibility for <br /> arranging and obtaining such inspections, tests, or <br /> approvals, pay all costs in connection therewith , and <br /> 00700 - General Conditions REV 04-07.doc <br /> 00700 - 34 <br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\0545=66Th Ave SR60 to 57th St (Arcadis)%Admim\Bid Dociments\00700 - General Conditions REV 04=07.doc <br />