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4D " 12.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude rccovety for damages (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration casts) for delay by either party. 1 bft'TL� 1'AIVTY SNI) Cl1A R 4iy r6F •TESTS ANTI INSPECTIONS CO RECTION RTuiblQYi� J. QR 91!CC IANCL OF Ii.EE'EC7YVE WURK Warranty and Guarantee:. 13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defeerrve. Prompt notice of all defects sha31 be giver to CONTRACTOR. All defeclive Work, whether or not in plan:, may be rejected, corrected or acceptod as provided in this Article l3. Tests and Inspections:. 13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections or tests. 13.4 The OWNERwill retain and pay for an independent materials testing laboratory to accomplish certain tests. The only tests to be provided by the OWNER shall be the iuitiil.l tests for density and thickness of backfill, stabilized subgrade, base course and asphaltic concrete surfaces, bearntg value of stabilized subgrade; and Portland cement concrete cylinder tests. Subsequent tests required after the initial tests to verify compliance with (lie Contract Documents in areas failing the first test shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment. All other tests required in the Contract Document shall be provided by tae CONTRACTOR. The CONTRACTOR shall assume full responsibility thereFor, pay all costs in ccxtnection therewith and f imish ENGINEER die + required certificates of inspection, testing or approval. CONTRACTOR, shall also be responsible for :and shall pay all costs in connection with any inspection or testing required m connection wide OWNER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment subinuted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. k k 13.5 All inspections, tests or approvals otter than those required by laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specified). 13.6 If any Work (including the work of others) d:at is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense runless CONTRACTOR has giver ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness ut response to such notice. 13.7 Neither observations by ENGINEER nor inspections, tests or approvals by others shall relieve CON'T'RACTOR form CONTRACTOR's obligations to perform die Work in accordance with die Contract Documents. Uncovering Work: 13.8 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER`s observation and replaced at CONTRACTOR's expense. GENERAL CONDITIONS GC - 27