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<br />1202 Change ofConiracir Times
<br />A TheConsact Tunes (or-Miledones) may only be changed by a Change
<br />dkder or by a Written Arricnilinent. Any Chun for an adjustment in the Contract
<br />Times (or Milestones) shall be based on written notice submitted by the party
<br />making the claim to the ENGINEER and the other party to the Contract in
<br />accuidanr t; with the provisions of graph 10.05
<br />B. Any adjustment ofthe Contract Tunes (or Milestones) covered by
<br />Change Order or of any Claim for an adjustment in the Contract Tunes (or
<br />Milestones) will be determined in accordance with the provisions of this
<br />Article 12
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<br />A- Where CONTRACTOR is prevented from completing any part ofthe
<br />Work withm tire Contract. Tim (or Milestones) due to delay beyond the control
<br />of CONTRACTOR, the Contract Tunes (or Milestones) will be extended in an
<br />amount equal to the time lost due to such delay if a Clasen is made therefor as
<br />provided in paragraph 12,02.A. Delays beyond the control of CONTRACTOR
<br />shall include, but not be limited to, acts or neglect by OWNER, acts or neglect
<br />of utility oAws or other contractors performing other work as contemplated by
<br />Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
<br />A. The ConlradTiurs(or Milestones) will not be extended due to delays
<br />within the control ofCONT RACTOR Delays attributable to and within the
<br />control of Subcontractor or Supplier shall be deemed to be delays within the
<br />control ofCONTRACTDR.
<br />AR is prevented from completing any W ofthe
<br />Work wKhin the Condraclit Times (or Milestones)-duc+o-&��tl
<br />oFboextension ofthe Contract Times (or
<br />Milt -stones) in an miount equal to the timis lost due to such delay shall be
<br />CONTR-ACTOR's sole and exclusive remedy for such delay.
<br />A. In no event shall OWNER or ENGINEER be liable to CONTRAC-
<br />TOR, any SubeartUacLor, any Supplier, or any other person or organization, or
<br />to any surety for or employee or agent of any of them for damages arising out
<br />of or resulting from any delay;
<br />of myeac whmn-eVA4ER-iir�biv.
<br />ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL
<br />OR ACCEPTANCE OF DEFECTIVE WORK
<br />13.01 Notice ofl)efects
<br />A- Prompt notice ofRU defective Work ofvAdch OWNER or ENGINEER
<br />las actual knowledge will be given to CONTRACTOR- All defective Work
<br />may be rejected, conw-lte-t or accepted as provided in this Article 13,
<br />13,02 Access to Work
<br />A. OWNER, ENGINEER, ENGINEER's Consultants, other
<br />omonnel of OWNEK itriemndkni testing, laboratories, and
<br />governmental agencies wAli jurmcliclional interests will !race access to the Site
<br />and the Work at reasonable times for their observation, inspecting, and testing
<br />CONTRACTOR shall piovidu them proper and safe conditions for such access
<br />and advise them GfC*NTF-AC I -OR s Sitc safety procedures and program so
<br />that they may comply therewith as applicable
<br />1303 Teirsand Impecrions
<br />A. CONTRACTORshall give ENGINEER timely notice ofreackness of
<br />Use Work for all required inspections, tests, or approvals and shall cooperate with
<br />inspection and lasting personnel to facilitate required inspections or tests
<br />B. OWNER shall employ and pay for the services of an tridepri4ent
<br />testing laboratory to perform all inspections. !acts, or approvals reeuvcd by the
<br />Contract Documents except
<br />I for inspections, testy, or approvals covered by parzgraphs
<br />13.03 C and 13 03 D below,
<br />2 that costs incurred in connection with tests or irisptdioms
<br />condi pursuant to paragraph 13 04 B shall be paid aas provided in said
<br />paragraph 11104 B; and
<br />3 as otherwise specifically provided in the Contract Documents
<br />C IfLaws or Regulations ofany public body having jurisdiction require
<br />any Work (air part thervol) specifically to be InSPLUled, tented, or approved by an
<br />employee oro representative of such public body. CONTRACTOR shall
<br />assurritifilp responsibility for affariging and obtaining such inspections, tests. or
<br />approvals, pay all costs in connection therewith, and furnish ENGINEER the
<br />required cert,.ficafc,: of inspection or approval
<br />D, CONTRACTOR shall be responsible for arranging and obtaining and
<br />shall pay all oasis in connection with any inspections, tests. or approvals required
<br />for OWNER's and ENGINEEWs acceptance of materials or equipment to be
<br />in the Work; or acceptance of materials, mix designs, or equipment
<br />submided for approval prior to CONTRACTOR's purchast thereof for
<br />incorporation in the Work Such ins ions, tests, or approvals shall be
<br />performed by organizations acceptable to OWNER and ENGINEER.
<br />E If any Work (or The work of others) that is to be u3spectod, te-OAA or
<br />approved
<br />Isco by CONTRACTOR without written concuffence ofENGI-
<br />NEER, it must, ifrequested by ENGINEER, be uncovered for observation
<br />F Uncovering Work as provided in paragraph 1303.E shall be at
<br />CONTRACTOR's expense unless CONTRACTOR has given ENGINEER
<br />timely randoe ofCONTRACTOR's intention to cover the same and ENGINEER
<br />has nota with reasonable promptness in response to such notice.
<br />13.04 Uncoveniije Work
<br />A. If any Work is covered contrary to the written request ofENGIN EER,
<br />it must, if requested by ENGINEER, he uncovered for ENGINEER's
<br />observation and mplaced at CONTRACTOR's expense.
<br />B If ENGINEER considers it necessary or advisable that covered Work
<br />be observed by ENGINEER or inspected or tested by others, CONTRACTOR,
<br />at ENG ER's request, shall uncover, expose. or otherwise make available for
<br />observation, inspection, or testing as ENGINEER may require, that portion of
<br />the Work in question, furnishing all necessary labor, material, and equipment,
<br />If K is found lhAsuch Work is defect ive, CONTRACTOR shall pay all Claim,
<br />costs, lossea, and damages (including but not limited to all fees AM charges of
<br />engineers, architects, allornevs, and other professionals and all court or
<br />arbitration oro dispute resolution costs) wising out of or relating to such
<br />uncovering, exposure, observation, inspection, and testing, and of satisfactory
<br />replacement or reconstruction (including but not limited to all costs of repair or
<br />rephoomest ofwark of others): and OWNER shall be entitled to an approlanate
<br />deciream in Use Contract Prim If the parties are unable to agree as to the amount
<br />thereof OWNER may make a Claim therefor as provided in p 10.05.
<br />If, however, such Work is not found to be defec:tiv e, CONTRACTOR shall be
<br />allowed an m=m in the Contract Price or an extension of the Contract Times
<br />(or Milestones), or both, directly attributable to such uncovering, exposure,
<br />observation, inspection, tesfin& replacement and reconstruction, If the parties
<br />are unable to agree as to the wriount orextent thereat CON TRACTOR may
<br />make a Claim therefor as provided in paragraph 10.05.
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