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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 />govemmental 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 />1. for inspections, tests, or approvals
<br />covered by paragraphs 13.03.0 and 13.03.D
<br />below;
<br />said -paragraph -1 -3,0443i -and
<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
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<br />10-13.doc
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