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<br /> 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 . 05 ,
<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
<br /> CONTRACTOR's purchase thereof for incorporation
<br /> in the Work . Such inspections , tests , or approvals
<br /> shall be performed by organizations acceptable to
<br /> OWNER and ENGINEER .
<br /> E . If any Work (or the work of others ) that is to
<br /> be inspected , tested , or approved is covered by COW
<br /> TRACTOR without written concurrence of ENGI -
<br /> NEER , it must , if requested by ENGINEER, be uncov-
<br /> ered for observation .
<br /> OF
<br /> F . Uncovering Work as provided in paragraph �:
<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 ENGk
<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
<br /> 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 /> B . 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 Substantial
<br /> portion of the Work in question , furnishing all neces- Completion or such longer period of time as
<br /> may be
<br /> sary labor, material , and equipment . If it is found that prescribed by Laws or Regulations or by the terms
<br /> 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
<br /> 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 ,
<br /> 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
<br /> 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
<br /> repair 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 /> F :\Public Works\ENGINEERING DIVISION PROJECTS\0517-OSLO ROAD 43rd Ave to 58th Ave-Phase III\Admim\bid documents\00700 - General Conditions REV 04-07
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