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equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such 13 . 03 Tests and Inspections delay. A. CONTRACTOR shall give ENGINEER timely 12 . 06 Delay Damages notice of readiness of the Work for all required inspections , tests , or approvals and shall cooperate A. In no event shall OWNER or ENGINEER be with inspection and testing personnel to facilitate liable to CONTRACTOR, any Subcontractor, any required inspections or tests . Supplier, or any other person or organization , or to any surety for or employee or agent of any of them , for B . iwa damages arising out of or resulting from : services of an independent testing ' 0"*T o perform all inspections , tests, or approvy 1 . delays caused by or within the control the Contract Documents except: of CONTRACTOR ; or 1 . for inspections , to or approvals 2 . delays beyond the control of both covered by paragraphs 1 3 . 0 and 13 . 03 . D OWNER and CONTRACTOR including but not below; limited to fires , floods , epidemics , abnormal weather conditions , acts of God , or acts or 2 . that co incurred in connection with neglect by utility owners or other contractors tests or insp ions conducted pursuant to performing other work as contemplated by paragraph . 04 . 6 shall be paid as provided in Article 7 . said par raph 13 . 04 . 13 ; and B . Nothing in this paragraph 12 . 06 bars a as otherwise specifically provided in change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference , or disruption directly attributable to C . If Laws or Regulations of any public body actions or inactions of OWNER or anyone for whom having jurisdiction require any Work (or part thereof) OWNER is responsible. specifically to be inspected , tested , or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for ARTICLE 13 - TESTS AND INSPECTIONS ; arranging and obtaining such inspections , tests , or CORRECTION , REMOVAL OR ACCEPTANCE OF approvals, pay all costs in connection therewith , and DEFECTIVE WORK furnish ENGINEER the required certificates of inspec- tion or approval . 13 . 01 Notice of Defects D . CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in A. Prompt notice of all defective Work of which connection with any inspections, tests , or approvals OWNER or ENGINEER has actual knowledge will be required for OWNER' s and ENGINEER's acceptance given to CONTRACTOR . All defective Work may be of materials or equipment to be incorporated in the rejected , corrected , or accepted as provided in this Work; or acceptance of materials , mix designs , or Article 13 . equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation 13 . 02 Access to Work in the Work . Such inspections , tests , or approvals shall be performed by organizations acceptable to A. OWNER , ENGINEER , ENGINEER's Con- OWNER and ENGINEER. sultants , other representatives and personnel of OWNER , independent testing laboratories, and E . If any Work (or the work of others) that is to governmental agencies with jurisdictional interests will be inspected , tested , or approved is covered by CON - have access to the Site and the Work at reasonable TRACTOR without written concurrence of ENGI - times for their observation , inspecting , and testing . NEER, it must, if requested by ENGINEER , be uncov- CONTRACTOR shall provide them proper and safe ered for observation . conditions for such access and advise them of CONTRACTOR's Site safety procedures and F . Uncovering Work as provided in paragraph programs so that they may comply therewith as 13 . 03. E shall be at CONTRACTOR's expense unless applicable . CONTRACTOR has given ENGINEER timely notice 00700 - General Conditions REV 04-07 00700 - 36 F \Engineering\Capital Projects\080317th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00700 - General Conditions REV 04-07.doc