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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 />cervices of an independent testing laboratory to <br />perform all inspections, tests, or approvals required by <br />the Contract Documents except: <br />1. for inspections, tests, or approvals <br />below; <br />e. -- -- -•e -'-' <br />2. that costs incurred in connection with <br />tests or inspections conducted pursuant to <br />paragraph 13.04.B shall be paid as provided in <br />3. as otherwise specifically provided 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 />OWNER may make a Claim therefor as provided in <br />paragraph 10.05. If, however, such Work is not found <br />to be defective, CONTRACTOR shall be allowed an <br />increase in the Contract Price or an extension of the <br />Contract Times (or Milestones), or both, directly <br />attributable to such uncovering, exposure, <br />observation, inspection, testing, replacement, and <br />reconstruction. If the parties are unable to agree as to <br />the amount or extent thereof, CONTRACTOR may <br />make a Claim therefor as provided in paragraph <br />10.05. <br />13.05 OWNER May Stop the Work <br />A. If the Work is defective, or CONTRACTOR <br />thqupentreet—Doeuments, OWNER may order CON <br />- <br />Until the cause for such order has been eliminated; <br />however, this right of OWNER to stop the Work shall <br />exercise this right for the benefit of CONTRACTOR, <br />any Subcontractor, any Supplier, any other individual <br />or entity, or any surety for, or employee or agent of <br />any of them. <br />00700 - General Conditions REV 5-10-13 <br />00700 - 36 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1413-Martin Luther King Walking TraiMdmin\bid documents\Master Contract Documents \00700 - General Conditions REV 5-10- <br />13.doc <br />