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furnish ENGINEER the required certificates of inspec. attributable to such uncovering , exposure , <br /> tion or approval . observation , inspection , testing, replacement, and <br /> reconstruction . If the parties are unable to agree as to <br /> D. CONTRACTOR shall be responsible for the amount or extent thereof, CONTRACTOR may <br /> arranging and obtaining and shall pay all costs in make a Claim therefor as provided in paragraph <br /> connection with any inspections, tests, or approvals 10. 050 <br /> required for OWNER's and ENGINEER's acceptance <br /> of materials or equipment to be incorporated in the 13 . 05 OWNER May Stop the Work <br /> Work; or acceptance of materials, mix designs, or <br /> equipment submitted for approval prior to A0 If the WGFk is defeGtive , OF GONTRAGI <br /> CONTRACTOR's purchase thereof for incorporation fails to supply suffiGient skilled WgFkeFs OF suita <br /> in the Work. Such inspections, tests, or approvals , OF faills to peftrm the We <br /> shall be performed by organizations acceptable to <br /> OWNER and ENGINEER . the Gei;tFaGt <br /> , <br /> thereof, <br /> E. If any Work (or the work of others) that is to ; <br /> be inspected , tested , or approved is covered by CON- h0A9e4W0eF1 <br /> TRACTOR without written concurrence of ENGInot give Ase to any duty on the paFt of QWNF=R4Q <br /> - <br /> NEER, it must, if requested by ENGINEER, be uncov- , <br /> ered for observation. <br /> F . Uncovering Work as provided in paragraph any of cher <br /> 13. 03 . E shall be at CONTRACTOR's expense unless <br /> CONTRACTOR has given ENGINEER timely notice 13 . 06 Correction or Removal of Defective. Work <br /> of CONTRACTOR's intention to cover the same and <br /> ENGINEER has not acted with reasonable prompt- A. CONTRACTOR shall correct all defective <br /> ness in response to such notice. Work, whether or not fabricated , installed, or <br /> completed, or, if the Work has been rejected by ENGI- <br /> 13. 04 Uncovering Work NEER, remove it from the Project and replace it with <br /> Work that is not defective. CONTRACTOR shall pay <br /> A. If any Work is covered contrary to the written all Claims, costs, losses, and damages (including but <br /> request of ENGINEER, it must, if requested by ENGI - not limited to all fees and charges of engineers, <br /> NEER, be uncovered for ENGINEER's observation architects, attorneys, and other professionals and all <br /> and replaced at CONTRACTOR's expense. court or arbitration or other dispute resolution costs) <br /> arising out of or relating to such correction or removal <br /> 13 . If ENGINEER considers it necessary or (including but not limited to all costs of repair or <br /> advisable that covered Work be observed by ENGI - replacement of work of others). <br /> NEER or inspected or tested by others, CONTRAC- <br /> TOR, at ENGINEER's request, shall uncover, expose, 13 . 07 Correction Period <br /> or otherwise make available for observation , inspec- <br /> tion , or testing as ENGINEER may require, that A. If within one year after the date of Final <br /> portion of the Work in question, furnishing all neces- Acceptance or such longer period of time as may be <br /> sary labor, material, and equipment. If it is found that prescribed by Laws or Regulations or by the terms of <br /> such Work is defective, CONTRACTOR shall pay all any applicable special guarantee required by the <br /> Claims, costs, losses, and damages (including but not Contract Documents or by any specific provision of the <br /> limited to all fees and charges of engineers, architects, Contract Documents, any Work is found to be <br /> attorneys, and other professionals and all court or defective, or if the repair of any damages to the <br /> land <br /> arbitration or other dispute resolution costs) arising out or areas made available for CONTRACTOR' s use by <br /> of or relating to such uncovering, exposure, observa- OWNER or permitted by Laws and Regulations as <br /> tion , inspection, and testing , and of satisfactory contemplated in paragraph 6. 11 .A is found to be <br /> replacement or reconstruction (including but not defective, CONTRACTOR shall promptly, without cost <br /> limited to all costs of repair or replacement of work of to OWNER and in accordance with OWNER's written <br /> others) ; and OWNER shall be entitled to an instructions: (i) repair such defective land or areas, or <br /> appropriate decrease in the Contract Price . If the (ii) correct such defective Work or, if <br /> the defective <br /> parties are unable to agree as to the amount thereof, Work has been rejected by OWNER, remove it from <br /> OWNER may make a Claim therefor as provided in the Project and replace it with Work that is not <br /> paragraph 10. 05. If, however, such Work is not found defective, and (iii) satisfactorily correct or repair <br /> or <br /> to be defective, CONTRACTOR shall be allowed an remove and replace any damage to other Work, to the <br /> increase in the Contract Price or an extension of the work of others or other land or areas resulting <br /> there- <br /> Contract Times (or Milestones) , or both , directly from . If CONTRACTOR does not promptly comply <br /> 00700 - General Conditions REV 04-07.doc <br /> 00700 - 35 <br /> FAIDublic WorkslENGINEERING DIVISION PROJECTSM4546Th Ave SR60 to 57th St (Amadis)VWmimWd Documents\00700 - General Conditions REV 04-07.doc <br /> r <br />