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ARTICLE 13 - TESTS AND INSPECTIONS; <br />CORRECTION, REMOVAL OR ACCEPTANCE OF <br />DEFECTIVE WORK <br />13.01 Notice of Defects <br />A. Prompt notice of all defective Work of which <br />OWNER or ENGINEER has actual knowledge will be <br />given to CONTRACTOR. All defective Work may be <br />rejected, corrected, or accepted as provided in this <br />Article 13. <br />13.02 Access to Work <br />A. OWNER, ENGINEER, ENGINEER's Con- <br />sultants, other representatives and personnel of <br />OWNER, independent testing laboratories, and <br />governmental agencies with jurisdictional interests will <br />have access to the Site and the Work at reasonable <br />times for their observation, inspecting, and testing <br />CONTRACTOR shall provide them proper and safe <br />conditions for such access and advise them of <br />CONTRACTOR's Site safety procedures and <br />programs so that they may comply therewith as <br />applicable. <br />13 03 Tests and Inspections <br />A. CONTRACTOR shall give ENGINEER timely <br />notice of readiness of the Work for all required <br />inspections, tests, or approvals and shall cooperate <br />with inspection and testing personnel to facilitate <br />required inspections or tests. <br />B OWNER shall employ and pay for the <br />cowices of an independent testing laboratory to <br />perform all inspections, tests, or approvals required by <br />the Contract Documents except: <br />1. for incpcctions, tests, or approvals <br />2. that costs incurred in connection with <br />tests or inspections conducted pursuant to <br />said paragraph 13.04.6, and <br />3. as otherwise specifically pFovided in <br />the Contract Documents. <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 />furnish ENGINEER the required certificates of inspec- <br />tion or approval. <br />D. CONTRACTOR shall •be responsible for <br />arranging and obtaining and shall pay all costs in <br />connection with any inspections, tests, or approvals <br />required for OWNER's and ENGINEER's acceptance <br />of materials or equipment to be incorporated in the <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 CON- <br />TRACTOR without written concurrence of ENGI- <br />NEER, it must, if requested by ENGINEER, be uncov- <br />ered for observation. <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 <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 />B. If ENGINEER considers it necessary or <br />advisable that covered Work be observed by ENGI- <br />.NEER or inspected or tested by others, CONTRAC- <br />TOR, at ENGINEER's request, shall uncover, expose, <br />or otherwise make available for observation, inspec- <br />tion, or testing as ENGINEER may require, that <br />portion of the Work in question, furnishing all neces- <br />sary labor, material, and equipment. If it is found that <br />such Work is defective, CONTRACTOR shall pay all <br />Claims, costs, losses, and damages (including but not <br />limited to all fees and charges of engineers, architects, <br />attorneys, and other professionals and all court or <br />arbitration or other dispute resolution costs) arising out <br />of or relating to such uncovering, exposure, observa- <br />tion, inspection, and testing, and of satisfactory <br />replacement or reconstruction (including but not <br />limited to all costs of repair or replacement of work of <br />others); and OWNER_ shall be entitled to an <br />appropriate decrease in the Contract Price If the <br />parties are unable to agree as to the amount thereof, <br />00700 - General Conditions REV 5-10-13 <br />00700 - 36 <br />F\Public Works\ENGINEERING•DIVISION PROJECTS\1304-CR 512 Resurf (SCOP)_125th St to I-95 Admim\bid documents\Master Contract Documents \00700 - General Conditions REV <br />5-10-13.doc - <br />