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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. <br />