4
<br />lI
<br />4
<br />bc responsiblc for and shatl pay aUcosts in conncction with
<br />any inspection or testing rcquircd in conncction with OWN-
<br />ER's or ENGtNEER's acccptlnce of a Supplicr of m:atcrials
<br />or equipment proposcd to bc incorporatcd in thc \Vork, or oC
<br />materials or equipmcnt submitted Cor approval prior to CbN-
<br />TRACTOR's purchase thereof Cor incorporation in the Work.
<br />The cost of all inspections, tests and approvals in addition to
<br />the above which are required by the Contract Documents
<br />shall be paid by OWNER (unless othenvise specified).
<br />13.5. All inspections, tests or approvals other than those
<br />required by Laws or Regulations of any pubtic body having
<br />jurisdiction shall be performed by organizations acceptable
<br />to OWNER and CONTRACTOR (or by ENGINEER if so
<br />specified).
<br />13.6. If any Work (including the work of others) that is
<br />to be inspected, tested orapproved is covered without written
<br />concurrence of ENGINEER, it must, if requested by ENGI-
<br />NEER, be uncovered for observation. Such uncovering shall
<br />be at CONI'RACTOR's expense unless CONTRACTOR has
<br />given ENGINEER timely notice of CONZ'RACTOR's inten-
<br />tion to cover the same and ENGINEER has not acted with
<br />reasonable promptness in response to such notice.
<br />13.7. Neither observations by ENGINEER nor inspec-
<br />tions, tests or approvals by others shall relieve CONTRAC-
<br />TOR from CONTRACTOR's obligations to perform the Work
<br />in accordance with the Contract Documents.
<br />Uncoveriag Work:
<br />13.8. If any Work is covered contrary to the written request
<br />of ENGINEER, it must, if requested by ENGINEER, be
<br />uncovered for ENGINEER's obsecvation and replaced at
<br />CONTRACTOR's expense.
<br />13.9. If ENGINEER considers it rtecessary ar advisable
<br />that covered Work be observed by ENGtNEER or inspected
<br />or tested by others. CONTRACTOR, at ENGINEER's
<br />request. shall uncover, expose or otherwise make available
<br />for obsecvation, inspection or testing as ENGINEER may
<br />require. that poction of the Work in question, furnishing all
<br />neccssary labor, mateciat and equipment. If it is found that
<br />such Work is dejective. CONTRACTOR shall bearall direct,
<br />indirect and consequential costs of such uncovering, expo-
<br />sure, observatioa, inspection and testing and of satisfactary
<br />reconstruction. (including but not limited to fees and charges
<br />oC engineers, architects, attorneys and other professionals),
<br />and OWNER shall be entitted to an appropriate decrease in
<br />the Contract Price, and, if the paRies are unable to agree as
<br />to the amount thereof. may make a claim thereCor as pcovided
<br />in Article ll. If. however. such Work is not found to be
<br />defeciii•e. CONTRACTOR shall be atlowcd an increase in
<br />the Contract Price or an extension of the Contract Time, or
<br />both, dircctty attributable to such uncovering, exposure,
<br />observation, inspcction, testing and reconstruction; and, if
<br />the parties are unable to sgrcc as to the amount or extcnt
<br />thcrcuf. CONTRACTOR may make a cl:iint thercl'or as pcu-
<br />vidcd in Articlcs I 1:ind 12.
<br />Onvtcr Afap Stop [!te Work:
<br />13.10. If the Work is dcfcc•rivc, or CONTRACTOR fails
<br />to supply sufficient skilled workers or suitable materials or
<br />cquipmcnt, or fails to furnish or pet-form thc Work in such a
<br />way that the completcd Work will conform to tlic Contract
<br />Documents. OWNER may urder CONTRACTOR to stop the
<br />Work, or any portion thereof, until thz cause Cor such order
<br />has been eliminated; however, this right oC OWNER to stop
<br />the Wock shall not give rise to any duty on the part of OWNER
<br />to exercise this right for the benefit of CONTRACTOR or
<br />any other party.
<br />Correctian or Removal oJDefective {S'ork:
<br />13.11. If required by ENGINEER, CONTRACTOR shall
<br />promptly, as directed, either correct all defectii-e Work,
<br />whether or not fabricated, installed or completed, or, if the
<br />Work has been rejected by ENGINEER, remove it from the
<br />site and replace it with nondefectit•e Work. CONTRACTOR
<br />shall bear all direct, indirect and consequential costs of such
<br />correction or removal (including but not limited to fees and
<br />charges of engineers, architects, attorneys and other profes-
<br />sionals) made necessary thereby.
<br />One Year Correelion Period:
<br />13.12. If within ooe year after the date of Substantial
<br />Completion or such tonger period of time as may be pre-
<br />scribed by Laws or Regulations or by the terms of any appli-
<br />cable special guarantee required by the Contract Documents
<br />or by any specific provision of the Contract Documents, any
<br />Work is found to be defective. CONTRACTOR shall promptty,
<br />without cost to OWNER and in accordance with OWNER's
<br />written instructions, either correct such defective Work, or,
<br />if it has been cejected by OWNER, remove it from the site
<br />and replace it with nondefecrii-e Work. If CONTRACTOR
<br />does not promptly comply with the terms of such instcuctions,
<br />or in an emergency where delay would cause serious risk of
<br />loss or damage. OWNER may have the dejective Work cor-
<br />rected or the rejected Work removed and replaced, and all
<br />direct, indicect and consequential costs of such removal and
<br />replacement (including but not limited to fees and charges of
<br />engineers, architects, attorneys and other professionals) will,
<br />be paid by CONTRACTOR. In special circumstances where '
<br />a particular item of equipment is p(aced in continuous service
<br />before Substantial Comp(etion of all the Work, the correction
<br />period for that item may staR to run from an earlier date if
<br />so provided in the Specifications or by Written Amendment.
<br />Acceplaace ojDejeclive Work:
<br />13.13. IC, instead of requiring corcection or removat and
<br />rcplacement of defectit-e Work. OWNER (and. prior to
<br />ENGINEER's recommendation oC final paymcnt, also
<br />ENG1N EER) prcCers to acccpt it. OWNER maydo so. CON-
<br />TRACI'OR shall bear all direct, indirect and consequential
<br />53.
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