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B. OWN€R shall employ and pay for the <br /> services ef—an testing la;;eratery to B. If ENGINEER considers it necessary or <br /> perferm all inspel3tions, tests, or apprevals required by 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 /> 1. for—inspeotiGns,tests, eF approv or otherwise make available for observation, inspec- <br /> r-evered by paragraphs 13.03.C; and 13.03.D or testing as ENGINEER may require, that <br /> belew--, 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 /> paragFaph 13.04.13 shall be paid as previded in limited to all fees and charges of engineers, architects, <br /> said paragraph 13.04.13; and 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 /> C. If Laws or Regulations of any public body limited to all costs of repair or replacement 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. If the <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 not found <br /> approvals, pay all costs in connection therewith, and to be defective, CONTRACTOR shall be allowed 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 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 Work is defes#+ve,,^r GONTRACTO <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 the GentFaGt DOGIAments, OWNER may erdeF CON <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 uncovhowever, this Fight of OWNER to stop the Work shaR <br /> - <br /> ered for observation. not give rise to any duty en the n^h of (1\ NER to <br /> overnice this right for the benefit of GONTRAGTOi7 <br /> F. Uncovering Work as provided in paragraph any SubGGRtFaGtGF, any Supplier, any other individ- - <br /> 13.03.E shall be at CONTRACTOR's expense unless or entity, or any surety for, eF employee or ageRt G <br /> CONTRACTOR has given ENGINEER timely notice any m <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.doe <br /> 00700-36 <br /> F:\Public Works\ENGINEERING DIVISION PROJECTS\1306 Oslo Road(E of 15th Ave SW)Pipe Culvert ImprovemenMcirnim\bid documents\00700-General Conditions REV 04-07.doc <br />