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trd <br />am <br />r„ <br />MW <br />Cash Allowances: <br />11.10. It is understood that CONTRACTOR has included <br />in the Contract Price all allowances so named in the Contract <br />Documents and shall cause the Work so covered to be done by <br />such Subcontractors, manufacturers, fabricators, suppliers or <br />distributors and for such sums within the limit of the allow- <br />ances as may be acceptable to ENGINEER. Upon final pay- <br />ment, the Contract Price shall be adjusted as required and an <br />appropriate Change Order issued. CONTRACTOR agrees <br />that the original Contract Price includes such sums as CON- <br />TRACTOR deems proper for costs and profit on account of <br />cash allowances. No demand for additional cost or profit in <br />connection therewith will be valid <br />ARTICLE 12—CHANGE OF THE CONTRACT TIME <br />12.1. The Contract Time may only he changed by a <br />Change Order. Any claim for an extension in the Contract <br />, ime shall be based on written notice delivered to OWNER <br />and ENGINEER within fifteen days of the occurrence of the <br />event giving rise to the claim. Notice of the extent of the claim <br />with supporting data shall be delivered within forty-five days <br />of such occurrence unless ENGINEER allows an additional <br />period of time to ascertain more accurate data. All claims for <br />adjustment in the Contract Time shall be determined by <br />ENGINEER if OWNER and CONTRACTOR cannot other- <br />wise agree. Any change in the Contract Time resulting from <br />any such claim shall be incorporated in. order. <br />12.2. The Contract Time will be extended in an amount <br />equal to time lost due to delays beyond the control of CON- <br />TRACTOR if a claim is made therefor as provided in para- <br />graph 12.1. Such delays shall include, but not be limited to, <br />acts or neglect by OWNER or others performing additional <br />Work as contemplated by Article 7, or to fires, floods, labor <br />•nulenitbi, weather conditions, or acts of <br />12.3. All time limits stated in the Contract Documents ire <br />of the essence of the Agreement. The provisions of this Article <br />12 shall not exclude recovery foi damages (including compen- <br />sation for additional professional services) for delay by either <br />party <br />ARTICLE 13—WARRANTY ANDGUARANTEE. <br />TESTS AND INSPECTIONS, CORREC <br />TION, REMOVAL OR ACCEPTANCE <br />OF DEFECTIVE WORK <br />Warrenty and Guarantee: <br />13 I CONTRACTOR warrants and guarantees to <br />OWNER and ENGINEER that all Work will t e in accordance <br />with the Contract Documents and will not he defective. <br />Prompt notice of all defects %hail be given to (-ONTRAC <br />TOR Vl detective Work, whether it not in place. -nay be <br />rejected, corrected or accepted as orovtded in this .Article 13. <br />Access to Work: <br />13.2. ENGINEER and ENGINEER'S representatives, <br />other representatives of OWNER, testing agencies and gov- <br />ernmental agencies with jurisdictional interests will have ac- <br />cers to the Work at reasonable times for their observation, in- <br />spection and testing. CONTRACTOR shall provide proper <br />and safe conditions for such access. <br />Tests and Inspections: <br />13.3. CONTRACTOR shall give ENGINEER timely <br />nonce of readiness of the Work for all required inspections, <br />tests or approvals. <br />13.4. If any law, ordinance. rule, regulation, code, or <br />order of any public body having jurisdiction requires any <br />Work (or part thereof) to specifically be inspected, tested or <br />approved, CONTRACTOR shall assume full responsibility <br />therefor, pay all costs in connection therewith and furnish <br />ENGINEER the required certificates of inspection• testing or <br />approval. CONTRACTOR shall also be responsible for and <br />shall pay ail costs in connection with any inspection or testing <br />required in connection with OWNER's or ENGINEER's ac- <br />ceptance of a manufacturer, fabricator, supplier or distrib- <br />utor of iaterials or equipment proposed to be incorporated in <br />the Work, or of materials or equipment submitted for ap- <br />proval prior to CONTRACTOR's purchase thereof for incor- <br />poration in the Work. The cost of all other inspections, tests <br />and approvals required by the Contract Documents shall be <br />paid by OWNER (unless otherwise specified). <br />13 5 All inspections, tests or approvals other than those <br />required by law, ordinance, rule. regulation, code o- order of <br />any public body having )urisdicrton shall be performed by or- <br />ganizations acceptable to OWNER and CONTRACTOR (or <br />by ENGINEER if so specified). <br />13.6. If any Work that is to be inspected, tested or ap- <br />proved is covered without written concurrence of ENGI- <br />NEER, it must. it requested by ENGINEER. be uncovered <br />for observation Such uncovering shall oe at CONTRAC- <br />TOR's expense unless CONTRACTOR has given ENGI- <br />NEER timelsv notice of CONTRACTOR's intention to cover <br />.uch Work and ENGINEER has not acted with reasonable <br />promptness in response to such notice <br />14 ' Neither observation-, by ENGINEER nor inspec- <br />tions, tests or approvals by others shall relieve CONTRAC- <br />TOR from his obligations to perform the %%ork in accordance <br />with the Contract Documents <br />Uncovering Work <br />13.8. If any Work is covered contrary to the written re- <br />quest of ENGINEER. it must, if requested by ENGINEER, <br />be uncovered for ENGINEER'% observation and replaced at <br />( ONTRACTOR's expense <br />11 v If ENGINEER •.onstders it necessary or advisable <br />that covered Work he ,observed by ENGINEER or inspected <br />or tested by .xner. CONTRACTOR, at ENGINEER's re- <br />am <br />