1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a
recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR
indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case,
CONTRACTOR may make the necessary corrections and resubmit the Application.
C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by
OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CONTRACTOR,
and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the
and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (11) correct such
defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with
Work that is not defective, and (111) satisfactorily correct or repair or remove and replace any damage to other Work, to
the work of others or other land or areas resulting there from. If CONTRACTOR does not promptly comply with the
G. The OWNER intends to provide inspection for the project. The inspector will be available during a forty (40) hour
period during the week from Monday through Friday. In the event the CONTRACTOR receives permission from the
OWNER and elects to work more than forty hours during the week or more than 10 hours in one day, or on a Saturday,
Sunday, or legal holiday, the CONTRACTOR shall be responsible for all inspection, engineering and testing costs
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to
CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
f. When both addition and credits are involved in any one change, the adjustment in CONTRACTOR's fee
shall be computed on the basis of the net change in accordance with paragraphs 12.01.C.2.a through
12.01.C.2.¢ inclusive.
12.02 Change of Contract Times
The estimated quantities of items of the Unit Price Work are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subjects to the
provisions of paragraph 9.08
B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover
CONTRACTOR's overhead and profit for each separately identified item.
1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and
sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants,
purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by
CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration
of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph
b. Attachments (e.g. tractor with ripper and dozer or tractor with loader and backhoe) will be included in the
hourly rental rate only when deemed essential to the work as determined the Engineer. When multiple
attachments are approved for use and are being used interchangeably, the attachment having the higher rental
rate shall be the only one included for payment.
c. No direct payment will be made for necessary accessories (including replenishing blades, augers, teeth,
hoses, bits, etc.) if not listed in the Rental Rate Blue Book.
when a Claim for an adjustment in Contract Price is determined on the basis of the Cost of the Work, the costs to be
reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in
the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by
OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include
only the following items, and shall not include any of the costs itemized in paragraph 11.01.B.
