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• <br /> services of an independent testing laborato to B . If ENGINEER considers it necessary or ft <br /> perform all inspections , tests , or approvals re ed by advisable that covered Work be observed by ENGI- <br /> the Contract Documents except: NEER or inspected or tested by others , CONTRAC- <br /> TOR, at ENGINEER's request, shall uncover, expose, �wr <br /> 1 . for inspections , tes or approvals or otherwise make available for observation , inspec- <br /> covered by paragraphs 1 3 . 0 and 13 .03 . D tion , or testing as ENGINEER may require , that <br /> below; portion of the Work in question , furnishing all neces- <br /> sary labor, material , and equipment. If it is found that Til <br /> 2 . that cos incurred in connection with such Work is defective, CONTRACTOR shall pay all <br /> tests or insp ions conducted pursuant to Claims , costs , losses , and damages (including but not <br /> paragraph 1 . 4 . 6 shall be paid as provided in limited to all fees and charges of engineers , architects , <br /> said par aph 13 .04 . 13 ; and attorneys , and other professionals and all court or <br /> arbitration or other dispute resolution costs) arising out <br /> as otherwise specifically provided in 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 <br /> 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 /> r <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 <br /> to <br /> connection with any inspections , tests , or approvals the amount or extent thereof, CONTRACTOR may .r <br /> required for OWNER Is 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 , 9F GGAIT. <br /> shall be performed by organizations acceptable to fails to supply sufficient skilled worke7o9rderCON - <br /> be <br /> .r <br /> OWNER and ENGINEER. materials or equipment, or fails to perfo <br /> such a way that the completed Wor <br /> E . If any Work (or the work of others) that is to the Contract Documents , OWN mainspected , tested , or <br /> approved is covered by CON- TRACTOR to stop the Wo , or any portion thereof, <br /> TRACTOR without written concurrence of ENGI- until the cause for su order has been eliminated ; <br /> NEER, it must, if requested by ENGINEER, be uncov- however, this righ OWNER to stop the Work shall <br /> ered for observation , not give rise any duty on the part of OWNER to <br /> exercise s right for the benefit of CONTRACTOR, <br /> F . Uncovering Work as provided in paragraph an bcontractor, any Supplier, any other individual <br /> 13 . 03 . E shall be at CONTRACTOR's expense unless , of eniplere or agent ef <br /> CONTRACTOR has given ENGINEER timely notice BAY of t <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 . ,Ir <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 /> 0016-00700 - General Conditions <br /> Page 36 of 44 <br /> F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc <br />