Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder. § 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense. § 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense. § 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner. § 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing. § 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 17 contracts
Sources: Standard Form of Agreement Between Owner and Design Builder, Design Build Construction Agreement, Standard Form of Agreement Between Owner and Design Builder
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and or by applicable laws, statutes, ordinances, codesrules, rules and regulations or lawful orders of public authoritiesauthorities having jurisdiction shall be required. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and or approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that which do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit . The Contractor shall not obligate the Owner from delegating their cost to for costs without the Design-BuilderArchitect's approval.
§ 15.5.2 13.5.2 If the Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 13.5.1, the Owner Architect will upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. Such costs, The Owner shall bear such costs except as provided in Section 15.5.3, shall be at the Owner’s expensesubparagraph 13.5.3.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. The Contractor also agrees that the cost of testing services required for the convenience of the Contractor in his scheduling and performance of the Work, and the cost of testing services related to remedial operations performed to correct deficiencies in the Work shall be at borne by the Design-Builder’s expenseContractor.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.5.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant 13.5.6 Owner to notify Contractor of selected testing company. All tests, except those preformed exclusively for the Contractor's convenience, shall be paid by the Owner; however, the Contractor must notify and/or coordinate with the testing firms with proper notification to the Design-Build Documents Owner. Any retests made necessary by the Contractor's failure to perform to the specs in the specifications, these costs shall be made promptly to avoid unreasonable delay in paid by the WorkContractor.
Appears in 16 contracts
Sources: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
Tests and Inspections. § 15.5.1 Tests18.1 In addition to quality control, which is the Design-Builder’s sole responsibility, tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and or by applicable laws, statutes, ordinances, codesrules, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the authorities having jurisdiction will be made at appropriate times.
18.2 The Design-Builder shall will make arrangements and pay for such tests, inspections and approvals with an independent testing laboratory or entity selected by the Design- Builder and acceptable to the Owner, Owner or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvalsauthority other than the Owner. The Design-Builder shall will give the Owner timely no less than 24 hours’ notice of when and where tests tests, inspections and inspections approvals are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builderobserve such.
§ 15.5.2 18.3 If the Owner or other public authority having jurisdiction determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Paragraph 18.1, the Owner will will, in writing, instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Design- Builder shall will give timely Owner no less than 24 hours’ notice to the Owner of when and where tests such tests, inspections and inspections approvals are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expenseobserve such.
§ 15.5.3 18.4 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 this paragraph reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, any additional testing, inspection or approval will be borne by the Design-Build DocumentsBuilder at no cost to the Owner. In addition, the Design-Builder will bear, at no cost to the Owner, all costs made necessary by such failure shall be at failure, including those of corrective Work, repeated procedures and compensation for the Owner’s services and expenses.
18.5 The Design-Builder’s expense.
§ 15.5.4 Required Builder will secure and promptly deliver to the Owner within seven (7) days, any required certificates of testing, inspection or approval shallapproval, unless otherwise required by any occupancy permits, any certificates of final inspection of any part of the Design-Build DocumentsBuilder’s Work and any operating permits for any mechanical apparatus, such as elevators, boilers, air compressors, etc. which may be secured required by law to permit full use and occupancy of the premises by the Owner. Receipt of such permits or certificates by the Owner will be a condition precedent to Substantial Completion of the Work or designated portion thereof.
18.6 Management and documented tracking and control of all tests, inspections or approvals conducted pursuant to the Contract Documents will be the sole responsibility of the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner is to observe testsall records will be verified, inspections or approvals required by the Design-Build Documentstracked, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections documented and conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work. All tests, inspections and approvals documentation will be made available to the Owner for review upon request.
Appears in 7 contracts
Sources: Contract for Design Build Services, Design Build Services Contract, Contract for Design Build Services
Tests and Inspections. § 15.5.1 13.4.1 Tests, inspections inspections, and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections inspections, and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections inspections, or approvals that do not become requirements until after bids are received or negotiations concluded, . The Owner shall directly arrange and (2) pay for tests, inspections inspections, or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builderso require.
§ 15.5.2 13.4.2 If the Owner determines Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection inspection, or approval not included under Section 15.5.113.4.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection inspection, or approval approval, by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. Such costs, except as provided in Section 15.5.313.4.3, shall be at the Owner’s expense.
§ 15.5.3 13.4.3 If such procedures for testing, inspection inspection, or approval under Sections 15.5.1 13.4.1 and 15.5.2 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Design-BuilderContractor’s expense.
§ 15.5.4 13.4.4 Required certificates of testing, inspection inspection, or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.4.5 If the Owner Architect is to observe tests, inspections inspections, or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.4.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 4 contracts
Sources: Standard Form of Agreement Between Owner and Construction Manager as Constructor, Standard Form of Agreement Between Owner and Construction Manager as Constructor, Standard Form of Agreement Between Owner and Architect
Tests and Inspections. § 15.5.1 13.4.1 Tests, inspections inspections, and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules rules, and regulations or lawful orders of public law authorities. Unless otherwise provided, the Design-Builder Contractor shall schedule and make arrangements for such testsarrangement inspections, inspections and approvals with an independent testing laboratory or entity acceptable to the
§ 13.4.2 If the Architect, the Owner, or with public authorities having jurisdiction determine that portions of the appropriate public authorityWork require additional testing, inspection, or approval not included under Section 13.4.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and shall bear all related costs of tests, inspections and approvals. The Design-Builder the Contractor shall give timely notice to the Owner timely notice and the Architect of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. Such costs, except as provided in Section 15.5.313.4.3, shall be at the Owner’s expense.
§ 15.5.3 13.4.3 If such procedures for testing, inspection inspection, or approval under Sections 15.5.1 13.4.1 and 15.5.2 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Design-BuilderContractor’s expense. If the Contractor arranges for an inspection and the inspector is required to wait, to leave without inspection, to perform a partial inspection, to return to complete or re-inspect, or otherwise to expend time other than for the primary inspection, the Contractor shall be responsible for all such costs to the extent caused by the Contractor. If the Contractor does not pay the charges for which it is responsible within 30 days of billing, the Owner may pay the charges directly and back charge the Contractor on the next progress payment the amount plus a 10% handling fee.
§ 15.5.4 13.4.4 Required certificates of testing, inspection inspection, or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerOwner and the Architect.
§ 15.5.5 13.4.5 If the Owner Architect is to observe tests, inspections inspections, or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.4.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
§ 13.4.7 No acceptance by the Owner of any Work shall be construed to result from any inspections, tests or failure to inspect or test by the Owner, the Owner’s representative, the Architect or any other person. No inspection, test, failure to inspect or test, or failure to discover any defect or nonconformity by the Owner, the Owner’s representatives, the Architect or any other person shall relieve the Contractor of its responsibility for meeting the requirements of the Contract Documents or impair the Owner’s right to reject defective or nonconforming items or right to avail itself of any other remedy to which the Owner may be entitled, notwithstanding the Owner’s knowledge of the defect or nonconformity, its substantiality or the ease of its discovery.
Appears in 4 contracts
Sources: Standard Form of Agreement Between Owner and Contractor, Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Contractor
Tests and Inspections. § 15.5.1 2.20.1 Tests, inspections inspections, and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder CM/GC shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and Owner shall bear all related costs of tests, inspections and approvals. The Design-Builder CM/GC shall give the Owner Design Professional timely notice of when and where tests and inspections are to be made so that the Owner Design Professional may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections inspections, or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-BuilderCM/GC.
§ 15.5.2 2.20.2 If the Design Professional, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.12.20.1, the Owner will Design Professional will, upon written authorization from the Owner, instruct the Design-Builder CM/GC to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder CM/GC shall give timely notice to the Owner Design Professional of when and where tests and inspections are to be made so that the Owner Design Professional may be present for such procedures. Such costs, except as provided in Section 15.5.32.20.3, shall be at the Owner’s expense.
§ 15.5.3 2.20.3 If such procedures for testing, inspection inspection, or approval under Sections 15.5.1 2.20.1 and 15.5.2 2.20.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Design Professional’s services and expenses shall be at the Design-BuilderCM/GC’s expense.
§ 15.5.4 2.20.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder CM/GC, and promptly delivered to the OwnerArchitect.
§ 15.5.5 2.20.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 2.20.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 3 contracts
Sources: Construction Manager / General Contractor Agreement, Construction Manager / General Contractor Agreement, Construction Manager / General Contractor Agreement
Tests and Inspections. § 15.5.1 2.20.1 Tests, inspections inspections, and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder CM/GC shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and Owner shall bear all related costs of tests, inspections and approvals. The Design-Builder CM/GC shall give the Owner Design Professional timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.inspections
§ 15.5.2 2.20.2 If the Design Professional, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.12.20.1, the Owner will Design Professional will, upon written authorization from the Owner, instruct the Design-Builder CM/GC to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder CM/GC shall give timely notice to the Owner Design Professional of when and where tests and inspections are to be made so that the Owner Design Professional may be present for such procedures. Such costs, except as provided in Section 15.5.32.20.3, shall be at the Owner’s expense.
§ 15.5.3 2.20.3 If such procedures for testing, inspection inspection, or approval under Sections 15.5.1 2.20.1 and 15.5.2 2.20.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Design Professional’s services and expenses shall be at the Design-BuilderCM/GC’s expense.
§ 15.5.4 2.20.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder CM/GC, and promptly delivered to the OwnerArchitect.
§ 15.5.5 2.20.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 2.20.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 3 contracts
Sources: Construction Manager / General Contractor Agreement, Construction Manager / General Contractor Agreement, Construction Manager / General Contractor Agreement
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-BuilderContractor.
§ 15.5.2 13.5.2 If the Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.113.5.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. Such costs, except as provided in Section 15.5.313.5.3, shall be at the Owner’s expense.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect’s services and expenses shall be at the Design-BuilderContractor’s expense.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.5.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 2 contracts
Sources: Subcontractor Compliance Agreement, Roof Replacement Agreement
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.to
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 2 contracts
Sources: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Construction Manager shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to selected by the OwnerDevelopment Manager, or with the appropriate public authority, and Construction Manager shall bear all related costs of tests, inspections and approvals. The Design-Builder Construction Manager shall give the Owner Architect and Development Manager timely notice of when and where tests and inspections are to be made so that the Owner Architect and Development Manager may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that which do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 13.5.2 If the Owner determines Architect, Development Manager or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 13.5.1, the Owner Development Manager will instruct the Design-Builder Construction Manager to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Construction Manager shall give timely notice to the Owner Architect and Development Manager of when and where tests and inspections are to be made so that the Owner Architect and Development Manager may be present for such procedures. Such costs, except as provided in Section 15.5.3Sub-paragraph 13.5.3, shall be at the Owner’s 's expense.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including, but not limited to, the additional testing, inspection and approval costs provided for in Subparagraph 13.5.2 and compensation for the Architect's and Development Manager's services and expenses shall be at the Design-Builder’s Construction Manager's expense.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Construction Manager and promptly delivered to the OwnerArchitect and Development Manager.
§ 15.5.5 13.5.5 If the Owner Architect or Development Manager is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner each will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 2 contracts
Sources: Agreement Between Owner and Architect (Chukchansi Economic Development Authority), Construction Manager Agreement (Chukchansi Economic Development Authority)
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the OwnerManager, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner Manager timely notice of when and where tests and inspections are to be made so that the Owner Manager may be present for such procedures. The Owner Manager shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner Manager from delegating their cost to the Design-Design- Builder.
§ 15.5.2 If the Owner Manager determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner Manager will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the OwnerManager, and the Design-Builder shall give timely notice to the Owner Manager of when and where tests and inspections are to be made so that the Owner Manager may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the OwnerManager’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the OwnerManager.
§ 15.5.5 If the Owner Manager is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner Manager will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 2 contracts
Sources: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder
Tests and Inspections. § 15.5.1 §13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections inspections, and approvals. The Design-Builder Contractor shall give the Owner Architect/Engineer timely notice of when and where tests and inspections are to be made so that the Owner Architect/Engineer may be present for such procedures. The Owner .
§13.5.1.1 Representatives of the testing agency shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost have access to the Design-BuilderWork at all times. Contractor shall provide facilities for such access in order that the agency may properly perform its functions.
§ 15.5.2 §13.5.1.2 Inspection or testing performed exclusively for Contractor’s convenience shall be the sole responsibility the Contractor.
§13.5.2 If the Owner determines Architect/Engineer, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection inspection, or approval not included under Section 15.5.1Paragraph 13.5.1, the Owner will Architect/Engineer will, upon written authorization from Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection inspection, or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Architect/Engineer and Owner of when and where tests and inspections are to be made so that the Architect/Engineer and Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3Paragraph 13.5.3, shall be at the Owner’s expense.
§ 15.5.3 §13.5.3 If such procedures for testing, inspection inspection, or approval under Sections 15.5.1 Paragraphs 13.5.1 and 15.5.2 13.5.2 reveal faulty or otherwise defective Work or the failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, or if the necessity of any such testing, inspections, and approval procedures arises out of the fault, neglect, or omission of Contractor, all costs made necessary by such failure failures including, but not limited to, those of repeated procedures and compensation for Architect/Engineer’s services and expenses, shall be at the Design-BuilderContractor’s expense.
§ 15.5.4 §13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect/Engineer.
§ 15.5.5 §13.5.5 If the Architect/Engineer or Owner is to observe tests, inspections inspections, or approvals required by the Design-Build Contract Documents, the Architect/Engineer and Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 §13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
§13.5.7 The conducting of any inspections or tests and the receipt of any approval shall not operate to relieve Contractor from its obligations under the Contract Documents unless specifically so stated by Owner, in writing. Owner’s and Architect/Engineer’s observations, reviews, or approvals of tests and inspections shall not relieve Contractor from its responsibility for construction means, methods, and techniques, nor shall it relieve Contractor of its responsibility to strictly adhere to the Contract Documents.
Appears in 2 contracts
Sources: Services Agreement, Services Agreement
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense. It shall also bear a portion of the costs of the tests that revealed such failure in an amount determined by the Owner to be reasonably related to the significance of the failure and the reasonableness of ordering the tests, with the Owner bearing the rest of the costs of these tests that revealed such failure. The Design-Builder shall bear the portion of the cost of testing services required for the Design-Builder’s convenience (e.g., the premium charged for services that are required on short notice) in the Design-Builder’s scheduling and/or performance of the Work, and the cost of testing services related to remedial operations performed to correct deficiencies in the Work that are not the fault of the Owner.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by Laws shall be made as required by at an appropriate time. At the Design-Build Documents and by applicable lawsOwner's election, statutes, ordinances, codes, rules and regulations the Owner shall contract with one or lawful orders more independent testing or laboratory entities to conduct inspections and/or tests of public authoritiesthe Work. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, the inspections and approvals with an tests of the work to be conducted by such independent testing or laboratory or entity acceptable to the Owner, or entities and/or with the any appropriate public authority, and . The Owner shall bear all initial related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Architect may observe such procedures.
13.5.2 If the Architect, the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 If the Owner determines public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 13.5.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. Such costs, The Owner shall bear such costs except as provided in Section 15.5.3, shall be at the Owner’s expenseSubparagraph 13.5.3.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract General Conditions January 10, 1996 Page 53 98 Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses, including the cost of retesting for verification of compliance if necessary, until the Architect certifies that the Work in question does comply with the requirements of the Contract Documents, and all such costs shall be at excluded in computing the Design-Builder’s expenseGuaranteed Maximum Price.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.5.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
13.5.7 The Contractor shall furnish, promptly, and without additional charge, all facilities, labor and materials necessary to permit safe, thorough and convenient inspection and testing as required in the Contract Documents. The Contractor shall pay any costs of inspection or testing when material and workmanship is not ready for such inspection or testing at the time that it was requested by the Contractor, unless previously agreed to by the parties.
Appears in 1 contract
Tests and Inspections. § 15.5.1 4.2.23.1 Owner, Professional, their respective Personnel, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project Site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access.
4.2.23.2 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesApplicable Laws. Unless otherwise provided, Contractor shall, at its cost as part of the Design-Builder shall make arrangements Contract Price, arrange for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Unless otherwise specified in the Contract for Construction, Contractor shall select the quality control and testing agencies, subject to Owner’s written approval. Contractor shall give the Owner and Professional timely notice of when and where tests and inspections are to be made so that the Owner and Professional may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 4.2.23.3 If the Professional, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1this Section, the Owner will Professional will, upon written authorization from Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner and Professional of when and where tests and inspections are to be made so that the Owner and Professional may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 4.2.23.4 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 this Section reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for Professional’s services and expenses shall be at the Design-BuilderContractor’s expense.
§ 15.5.4 4.2.23.5 Required certificates and reports of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the Owner, with a copy to Professional.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 4.2.23.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
4.2.23.7 If Owner or Professional consider it necessary or advisable that covered Work be observed by Professional or inspected or tested by others, Contractor, at Professional’s or Owner’s request, shall uncover, expose or otherwise make available for observation, inspection or tests as Owner or Professional may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Price. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction.
4.2.23.8 If any Work that is to be inspected, tested or approved pursuant to the Contract Documents is covered without such inspection, testing or approval having been satisfactorily obtained by Contractor and without obtaining the written concurrence from Professional and Owner, Contractor must, if requested by Professional or Owner, uncover such Work for observation. Such uncovering shall be at Contractor’s expense unless Contractor has given Professional and Owner forty-eight (48) hours’ written notice of Contractor’s intention to cover the same and has requested written concurrence by Professional and Owner and Professional or Owner has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Professional or Owner, such Work must, if requested by Professional or Owner, be uncovered for Professional’s and/or Owner’s observation and be replaced at Contractor’s sole expense.
4.2.23.9 Neither observations by Professional or Owner, nor inspections, tests or approvals by others shall relieve Contractor from Contractor’s obligations to perform the Work in accordance with the Contract Documents.
4.2.23.10 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Contractor or its subcontractors. Such re-inspection fees and costs must be paid directly by the Contractor to the Building Code Office.
4.2.23.11 If required, Contractor shall use a certified independent testing and balancing (“T&B”) services contractor to perform T&B services for this Project. The T&B contractor shall be completely independent of Contractor’s mechanical and ventilating subcontractor(s). Contractor shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work.
4.2.23.12 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Contractor to Owner prior to and as a condition of achieving Architect’s Substantial Completion. Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Architect’s Substantial Completion and the delivery of such final T&B report shall be a condition of final payment.
4.2.23.13 In addition to all other inspection obligations of Contractor under the Contract Documents, Contractor shall coordinate with Owner’s Threshold Inspector to conduct structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Professional. The term “threshold building” as used herein shall have the meaning prescribed in the Florida Building Code. The purpose of the structural inspection plan is to provide specific inspection requirements, procedures and schedules so the building’s structure can be adequately inspected for compliance with the applicable Contract Documents. Inspection of the shoring and reshoring for conformance with the shoring and reshoring plans is also required. The threshold building inspection shall be performed by a threshold inspector, certified by the State of Florida and approved by Owner. Contractor shall promptly provide to Owner and Professional copies of all threshold building inspection reports.
4.2.23.14 Construction Materials Testing shall be the responsibility of Contractor, unless otherwise indicated by Owner in writing.
Appears in 1 contract
Tests and Inspections. § 15.5.1 11.11.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by Legal Requirements shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-/Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, Owner or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-/Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 11.11.2 If the Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.111.11.1, the Owner will shall in writing instruct the Design-/Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-/Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.311.11.3, shall be at the Owner’s expense.
§ 15.5.3 11.11.3 If such procedures for testing, inspection or approval under Sections 15.5.1 11.11.1 and 15.5.2 11.11.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build DocumentsConstruction Documents or Legal Requirements, all costs made necessary by such failure failure, including those of repeated procedures, shall be at the Design-/Builder’s expense.
§ 15.5.4 11.11.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-/Builder and promptly delivered to the Owner.
§ 15.5.5 11.11.5 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. If the Owner is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design/Builder (Cubist Pharmaceuticals Inc)
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner testing agency, Project inspector (if any), public authorities and (if requested), Architect timely notice of when and where tests and inspections are to be made so that the Owner they may be present for observe such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that which do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 13.5.2 If the Owner determines Architect, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 13.5.1, the Owner will Project inspector (if any), or Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner testing agency, project inspector (if any), governing agency, and (if requested), Architect of when and where tests and inspections are to be made so that the Owner they may be present for observe such procedures. Such costs, The Owner shall bear such costs except as provided in Section 15.5.3, shall be at the Owner’s expenseSubparagraph 13.5.3.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Design-BuilderContractor’s expense.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect and Project inspector (if any).
§ 15.5.5 13.5.5 If the Architect, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner they will do so promptly and, and where practicable, at the normal place of testing.
§ 15.5.6 Tests 13.5.6 Test or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Architectural Services Agreement
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. The Owner shall bear costs of of(1!) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-BuilderContractor.
§ 15.5.2 13.5.2 If the Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.113.5.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. Such costs, except as provided in Section 15.5.313.5.3, shall be at the Owner’s 's expense.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements requirement's established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Design-Builder’s Contractor's expense.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.5.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Contractor (STAMPS.COM Inc)
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded;, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.; and (3) per Texas Government Code Ch. 2269 for construction materials, engineering, testing, and inspection services, and verification services necessary for acceptance of the Work by Owner.
§ 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.expense.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Project Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner timely Program Manager and Architect 48 hours notice of when and where tests and inspections are to be made so that the Owner Program Manager and Architect may be present for observe such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builderapprovals.
§ 15.5.2 If the Program Manager, Architect, Owner determines or public authorities having jurisdiction determine that portions of the Project Work require additional testing, inspection or approval not included under Section Subparagraph 15.5.1, the Owner will Program Manager and Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely 48 hours notice to the Owner Program Manager and Architect of when and where tests and inspections are to be made so that the Owner Program Manager and Architect may be present for observe such procedures. Such costs, The Owner shall bear such costs except as provided in Section Subparagraph 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections Subparagraphs 15.5.1 and 15.5.2 reveal failure of the portions of the Project Work to comply with requirements established by the Design-Build Contract Documents, the Contractor shall bear all costs made necessary by such failure shall be at including those of repeated procedures re-testing and compensation for the Design-Builder’s expenseProgram Manager's and Architect's services and expenses.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerProgram Manager for transmittal to the Architect.
§ 15.5.5 If the Owner is Program Manager or Architect are to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Program Manager or Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Project Work.
Appears in 1 contract
Sources: Guaranteed Maximum Price Construction Agreement (Gaylord Entertainment Co /De)
Tests and Inspections. § 15.5.1 13.4.1 Tests, inspections inspections, and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections inspections, and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections inspections, or approvals that do not become requirements until after bids are received or negotiations concluded, . The Owner shall directly arrange and (2) pay for tests, inspections inspections, or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builderso require.
§ 15.5.2 13.4.3 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 If such procedures for testing, inspection inspection, or approval under Sections 15.5.1 13.4.1 and 15.5.2 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Design-BuilderContractor’s expense.
§ 15.5.4 13.4.4 Required certificates of testing, inspection inspection, or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.4.5 If the Owner Architect is to observe tests, inspections inspections, or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.4.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Contractor
Tests and Inspections. § 15.5.1 13.4.1 Tests, inspections inspections, and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. at an appropriate time.. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections inspections, and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections inspections, or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-BuilderAgreement has been executed by both parties.
§ 15.5.2 13.4.2 If the Owner determines Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection inspection, or approval not included under Section 15.5.113.4.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection inspection, or approval approval, by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. Such costs, except as provided in Section 15.5.313.4.3, shall be at the Owner’s expense.
§ 15.5.3 13.4.3 If such procedures for testing, inspection inspection, or approval under Sections 15.5.1 13.4.1 and 15.5.2 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Design-BuilderContractor’s expense. Contractor shall also bear a portion of the costs of the tests that revealed such failure in an amount determined by the Architect to be reasonably related to the significance of the failure and the reasonableness of ordering the tests, with the Owner bearing the rest of the costs of these tests that revealed such failure. The Contractor shall bear the portion of the cost of testing services required for the Contractor’s convenience (e.g., the premium charged for services that are required on short notice) in the Contractor’s scheduling and/or performance of the Work, and the cost of testing services related to remedial operations performed to correct deficiencies in the Work that are not the fault of the Owner or Architect.
§ 15.5.4 13.4.4 Required certificates of testing, inspection inspection, or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.4.5 If the Owner Architect is to observe tests, inspections inspections, or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.4.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Construction Manager as Constructor
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder County shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authorityentity, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner testing agency, Project inspector (if any), public authorities and (if requested), Engineer timely notice of when and where tests and inspections are to be made so that the Owner they may be present for observe such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that which do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 13.5.2 If the Owner determines Engineer, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 13.5.1, the Owner will Project inspector (if any), or Engineer will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner testing agency, project inspector (if any), governing agency, and (if requested), Engineer of when and where tests and inspections are to be made so that the Owner they may be present for observe such procedures. Such costs, The Owner shall bear such costs except as provided in Section 15.5.3, shall be at the Owner’s expenseSubparagraph 13.5.3.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Engineer's services and expenses shall be at the Design-BuilderContractor’s expense.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerEngineer and Project inspector (if any).
§ 15.5.5 13.5.5 If the Engineer, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner they will do so promptly and, and where practicable, at the normal place of testing.
§ 15.5.6 Tests 13.5.6 Test or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Construction Contract
Tests and Inspections. § 15.5.1 Tests3.9.13.8.1 The Construction Manager shall schedule all required tests, approvals and inspections and approvals of portions of the Work or portions thereof at appropriate times so as not to delay the progress of the Work or other work related to the Project. The Construction Manager shall be made give proper notice to all required Parties of such tests, approvals, and inspections. Construction Manager shall schedule tests and inspections to ensure that the Owner’s representative and Others may timely observe the tests at the normal place of testing. Except as provided in subsection 3.8.3, the Owner shall bear all expenses associated with tests, inspections, and approvals required by the Design-Build Contract Documents and which, unless otherwise agreed to, shall be conducted by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable retained by the Owner. Unless otherwise required by the Contract Documents, required certificates of testing, approval, or inspection shall be secured by the Construction Manager and promptly delivered to the Owner▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇ Manager shall schedule all required tests, or with the appropriate public authorityapprovals, and inspections of the Work or portions thereof at appropriate times so as not to delay the progress of the Work or other work related to the Project. Construction Manager shall give proper notice to all required Parties of such tests, approvals, and inspections. If feasible, Owner and Others may timely observe the tests at the normal place of testing. Except as provided in §3.9.3, Owner shall bear all related costs of expenses associated with tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concludedinspections, and (2) testsapprovals required by the Contract Documents which, inspections unless otherwise agreed to, shall be conducted by an independent testing laboratory or approvals where building codes entity retained by Owner. Unless otherwise required by the Contract Documents, required certificates of testing, approval, or applicable laws or regulations prohibit the Owner from delegating their cost inspection shall be secured by Construction Manager and promptly delivered to the Design-BuilderOwner.
§ 15.5.2 3.9.23.8.2 If the Owner determines or appropriate authorities determine that portions of tests, inspections, or approvals in addition to those required by the Work require additional testing, inspection or approval not included under Section 15.5.1Contract Documents will be necessary, the Owner will instruct Construction Manager shall arrange for the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, procedures and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that Others who may observe the Owner may be present for such procedures. Such costsCosts of the additional tests, inspections, or approvals are at the Owner's expense except as provided in Section 15.5.3, shall be at the Owner’s expensesubsection below.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Construction Manager Agreement
Tests and Inspections. § 15.5.1 17.4.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and or by applicable laws, statutes, ordinances, codesrules, rules and regulations or lawful orders of public authoritiesRegulatory Authorities shall be made at an appropriate time. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals, including the consumable fluids used in the cleaning and testing of the Work. The Design-Builder shall give the Owner timely at least twenty-four (24) hours notice of when and where tests and inspections are to be made so that the Owner may be present for observe such procedures. The Owner shall bear costs of (1) testsContract No. 1420110868 40 November 14, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.2011 Initials
§ 15.5.2 17.4.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Article 17.4.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely at least twenty-four (24) hours notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for observe such procedures. Such costs, except The Owner shall bear the cost of such tests. If any testing or inspection conducted by Builder as provided in Section 15.5.3this Article 17.4.2 affirms that Builder’s workmanship is acceptable under the Contract Documents, Builder shall be receive an adjustment of the Delivery Date, at Builder’s option, for the Owner’s expensetime it took to conduct such tests and inspections.
§ 15.5.3 17.4.3 If any testing or inspection conducted by Builder as provided in Article 17.4.2 discloses that any methods or means of construction or material or workmanship are not acceptable under the Contract Documents, the Builder shall reimburse the Owner for the costs of such procedures for testingtests and inspections, inspection or approval under Sections 15.5.1 including the cost of related labor and 15.5.2 reveal failure of the portions of facilities and shall remedy the Work so as to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.
§ 15.5.4 17.4.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured obtained by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 17.4.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner will do so promptly and, where practicable, and at the normal place of testing.
§ 15.5.6 Tests 17.4.6 Neither the observations of the Owner nor inspections, tests, or inspections conducted pursuant approvals by persons other than the Builder shall relieve the Builder from its obligations to perform the Design-Build Documents shall be made promptly to avoid unreasonable delay Work in accordance with the WorkContract Documents.
Appears in 1 contract
Sources: Vessel Construction Agreement (Hornbeck Offshore Services Inc /La)
Tests and Inspections. § 15.5.1 Tests, 4.21.1 The DBE shall be responsible for requesting and scheduling all tests and inspections and approvals of portions necessary to ensure the quality of the Work are in accordance with the terms of the Contract Documents. The DBE shall at all times permit the District and its agents, inspectors, officers, and employees access to the Project Site and inspect the Work and such other locations where the Work is in preparation. This obligation shall include maintaining proper facilities and safe access for such inspection. When the Contract Documents require a portion of the work to be tested, such portion of work shall not be covered up until inspected and approved. The DBE shall be made as solely responsible for notifying the District and the Inspector of Record where and when the work is ready for
4.21.2 Should any work be covered without the required testing or witnessed by the Design-Build Documents and by applicable lawsDistrict, statutessuch work shall be uncovered at the DBE's expense. Whenever the DBE intends to perform work on Saturday, ordinancesSunday, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provideda legal holiday, the Design-Builder DBE shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable give written notice to the OwnerDistrict of such intention at least forty eight (48) hours prior to performing the work, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner District may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Buildermake necessary arrangements.
§ 15.5.2 4.21.3 If the Owner District determines that portions of the Work require additional testing, testing or inspection or approval that is not included under Section 15.5.1in the Contract Documents, the Owner District will instruct the Design-Builder DBE, in writing, to make arrangements for such additional testing, testing or inspection or approval by an entity acceptable to the OwnerDistrict, and the Design-Builder DBE shall give timely forty eight (48) hours written notice to the Owner District of where and when and where tests and inspections are to will be made conducted so that the Owner District may be present for such observe the procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 4.21.4 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions a portion(s) of the Work work to comply with requirements established by the Design-Build Contract Documents, the DBE shall bear all costs and time made necessary by such failure failure(s) including those of repeated procedures and compensation for the District's services and expenses. The DBE shall notify the District in writing within 24 hours of any test conducted by the independent testing agency that reveals work failing to comply with the Construction Documents. Inspection of Work shall not relieve DBE from an obligation to fulfill this Agreement. Project Inspector(s) and the DSA are authorized to suspend work whenever the DBE and/or its subcontractor(s) are not complying with the Construction Documents. Any work suspension by the Project Inspector(s) and/or DSA shall be at without liability to the Design-Builder’s expenseDistrict.
§ 15.5.4 4.21.5 Required certificates of testing, testing and inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder DBE and promptly delivered to the OwnerDistrict within seven (7) days after each test.
§ 15.5.5 If 4.21.6 Provide qualified on-site personnel to review and record daily construction activities, including subcontract activities, to determine adequacy of work and compliance with the Owner is approved plans and specifications. Provide written daily reports including, but not limited to: Project title, date of work, contract day, weather and conditions (temperature, wind, humidity, etc.), a description of the work in progress by corresponding schedule activity number(s), name of each subcontractor on site and work being performed, location of each trade on the Project site, total daily workforce per trade (including the DBE’s work force), material deliveries and quantities, equipment deliveries, potential delays and delays encountered, orders of instruction, unsatisfactory work, tests performed, safety concerns, visitors, and any other issues to observe tests, inspections or approvals required document work performed and areas of concern.
4.21.7 Daily reports shall be signed by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant DBEs’ Quality Assurance Manager and Project Manager and submitted to the Design-Build Documents Construction Manager no later than 12:00 p.m. following the day work was performed. The DBE shall be made promptly separately provide written reports to avoid unreasonable delay the Construction Manager of any noted deficiencies in the Workinstalled work and corrective measures taken, and test reports of work being installed.
Appears in 1 contract
Sources: Design Build Agreement
Tests and Inspections. § 15.5.1 27.1. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the OwnerNJPA Member, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner Project Manager timely notice of when and where tests and inspections are to be made so that the Owner Project Manager may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 27.2. If the Owner determines Project Manager, NJPA Member or public authorities having jurisdiction determine that portions of the Work require require, through no fault of the Contractor, additional testing, inspection or approval not included under Section 15.5.1approval, the Owner Project Manager will instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the OwnerNJPA Member, and the Design-Builder Contractor shall give timely notice to the Owner Project Manager of when and where tests and inspections are to be made so that the Owner Project Manager may be present for such procedures. Such costs, except as provided in Section 15.5.3, costs shall be at the OwnerNJPA Member’s expense.
§ 15.5.3 27.3. If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Project Manager’s services and expenses shall be at the Design-BuilderContractor’s expense.
§ 15.5.4 27.4. Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerProject Manager.
§ 15.5.5 27.5. If the Owner Project Manager is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Project Manager will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 27.6. Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that which do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 13.5.2 If the Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 13.5.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. Such costs, except as provided in Section 15.5.3Subparagraph 13.5.3, shall be at the Owner’s 's expense.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Design-Builder’s Contractor's expense.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 If 13.5.5 if the Owner Architect is to observe tests, inspections or approvals required by the DesignContract -Build ' Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and and. approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner Construction Manager and Architect timely notice of when and where tests and inspections are to be made so that the Owner may be present for Construction Manager and Architect May observe such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that which do not become legal requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builderconducted.
§ 15.5.2 13.5.2 If the Construction Manager, Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 13.5.1, the Owner will Construction Manager and Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Construction Manager and Architect of when and where tests and inspections are to be made so that the Owner Construction Manager and Architect may be present for observe such procedures. Such costs, The Owner shall bear such costs except as provided in Section 15.5.3, shall be at the Owner’s expenseSubparagraph 13.5.3.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, the Contractor shall bear all costs made necessary by such failure shall be at including those of repeated procedures and compensation for the Design-Builder’s expenseConstruction Manager's and Architect's services and expenses.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the. Construction Manager for transmittal to the OwnerArchitect.
§ 15.5.5 13.5.5 If the Owner Construction Manager or Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
13.5.7 The Contractor shall submit a written plan prior to completion and acceptance of any building system or phase, consistent with the Contract, for completing testing of all building systems. This plan shall be coordinated with and may be made part of the Project Construction Schedule. All testing shall be of each complete system, before covering, or of individually separable larger portions of each system, and shall be performed in the presence of the appropriate consultant and representatives of the Owner.
Appears in 1 contract
Sources: Standard Form of Agreement (Windsor Woodmont Black Hawk Resort Corp)
Tests and Inspections. § 15.5.1 13.4.1 Tests, inspections inspections, and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections inspections, and ons of the Work require ll, upon writtenal testing, inspection, or the proce Architect of when dures. Such costs, approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections inspections, and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections inspections, or approvals that do not become requirements until after bids are received or negotiations concluded, . The Owner shall directly arrange and (2) pay for tests, inspections inspections, or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builderso require.
§ 15.5.2 13.4.2 If the Owner determines Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require porti additional testing, inspection inspection, or approval not included under Section 15.5.113.4.1, the Owner will Architect wi authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testingaddition approval, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. Such costs, except as provided in Section 15.5.313.4.3, shall be at the Owner’s expense.
§ 15.5.3 13.4.3 If such procedures for testing, inspection inspection, or approval under Sections 15.5.1 13.4.1 and 15.5.2 reveal failure of the 13.4.2 re portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure shall failure, including those of repeated procedures and compensation for the Architect’s serv be at the Design-BuilderContractor’s expense.
§ 15.5.4 13.4.4 Required certificates of testing, inspection inspection, or approval shall, unless otherwise required by the Design-Build requir Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.4.5 If the Owner Architect is to observe tests, inspections inspections, or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.4.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Construction Agreement
Tests and Inspections. § 15.5.1 14.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of Regulatory Agencies or Bodies or Other Authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory service or entity acceptable to the Owner, or with the appropriate public authorityRegulatory Agencies or Bodies, and Builder shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner and all appropriate Regulatory Agencies or Bodies timely notice of when and where tests and inspections are to be made so that the Owner they may be present for observe such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 14.5.2 If the Owner determines or Regulatory Agencies or Bodies having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 14.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner and all appropriate Regulatory Agencies or Bodies of when and where tests and inspections inspection are to be made so that the Owner may be present for observe such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.
§ 15.5.4 14.5.3 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, shall be secured by the Design-Builder Builder, at Builder's sole cost, and promptly delivered to the Owner.
§ 15.5.5 14.5.4 If the Owner is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 14.5.4.1 Neither such observations of the Owner nor inspections, tests, or approvals by persons other than the Builder shall relieve the Builder from its obligations to perform the Work in accordance with the Contract Documents.
14.5.5 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Tests and Inspections. § 15.5.1 13.4.1 Tests, inspections inspections, and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesLaws. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections inspections, and approvals. The Design-Builder Contractor shall give the Owner Architect and Tectonic timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections inspections, or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) teststest, inspections or approvals where building codes or applicable laws or regulations Laws prohibit the Owner from delegating their cost to the Design-BuilderContractor.
§ 15.5.2 13.4.2 If the Owner determines Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection inspection, or approval not included under Section 15.5.113.4.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection inspection, or approval approval, by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect and Tectonic of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. Such costs, except as provided in Section 15.5.313.4.3, shall be at the Owner’s expense.
§ 15.5.3 13.4.3 If such procedures for testing, inspection inspection, or approval under Sections 15.5.1 13.4.1 and 15.5.2 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Design-BuilderContractor’s expense.
§ 15.5.4 13.4.4 Required certificates of testing, inspection inspection, or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.4.5 If the Owner Architect is to observe tests, inspections inspections, or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.4.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 NOT USED.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Contractor
Tests and Inspections. § 15.5.1 2.20.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder CM/GC shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and Owner shall bear all related costs of tests, inspections and approvals. The Design-Builder CM/GC shall give the Owner Design Professional timely notice of when and where tests and inspections are to be made so that the Owner Design Professional may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-BuilderCM/GC.
§ 15.5.2 2.20.2 If the Design Professional, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Article 2.20.1, the Owner will Design Professional will, upon written authorization from the Owner, instruct the Design-Builder CM/GC to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder CM/GC shall give timely notice to the Owner Design Professional of when and where tests and inspections are to be made so that the Owner Design Professional may be present for such procedures. Such costs, except as provided in Section 15.5.3Article 2.20.3, shall be at the Owner’s expense.
§ 15.5.3 2.20.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Articles 2.20.1 and 15.5.2 2.20.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Design Professional’s services and expenses shall be at the Design-BuilderCM/GC’s expense.
§ 15.5.4 2.20.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder CM/GC and promptly delivered to the OwnerArchitect.
§ 15.5.5 2.20.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 2.20.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Construction Manager / General Contractor Agreement
Tests and Inspections. § 15.5.1 13.4.1 Tests, inspections inspections, and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections inspections, and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections inspections, or approvals that do not become requirements until after bids are received or negotiations concluded, . The Owner shall directly arrange and (2) pay for tests, inspections inspections, or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builderso require.
§ 15.5.2 13.4.2 If the Owner determines Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection inspection, or approval not included under Section 15.5.113.4.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection inspection, or approval approval, by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. Such costs, except as provided in Section 15.5.313.4.3, shall be at the Owner’s expense.
§ 15.5.3 13.4.3 If such procedures for testing, inspection inspection, or approval under Sections 15.5.1 13.4.1 and 15.5.2 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, the Contractor shall bear all costs made necessary by such failure failure, including those of repeated procedures and compensation for the Architect’s services and expenses. The Contractor also agrees that the cost of testing services required for the convenience of Contractor in his scheduling and performance of the Work, and the cost of testing services related to remedial operations performed to correct deficiencies in the Work shall be at borne by the Design-Builder’s expenseContractor.
§ 15.5.4 13.4.4 Required certificates of testing, inspection inspection, or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.4.5 If the Owner Architect is to observe tests, inspections inspections, or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.4.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work. Field tests shall be made in the presence of the Owner’s representative.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Contractor
Tests and Inspections. § 15.5.1 4.2.23.1 Owner, Professional, their respective Personnel, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project Site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access.
4.2.23.2 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesApplicable Laws. Unless otherwise provided, Contractor shall, at its cost as part of the Design-Builder shall make arrangements Contract Price, arrange for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Unless otherwise specified in the Contract for Construction, Contractor shall select the quality control and testing agencies, subject to Owner’s written approval. Contractor shall give the Owner and Professional timely notice of when and where tests and inspections are to be made so that the Owner and Professional may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 4.2.23.3 If the Professional, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1this Section, the Owner will Professional will, upon written authorization from Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner and Professional of when and where tests and inspections are to be made so that the Owner and Professional may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 4.2.23.4 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 this Section reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for Professional’s services and expenses shall be at the Design-BuilderContractor’s expense.
§ 15.5.4 4.2.23.5 Required certificates and reports of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the Owner, with a copy to Professional.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 4.2.23.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
4.2.23.7 If Owner or Professional consider it necessary or advisable that covered Work be observed by Professional or inspected or tested by others, Contractor, at Professional’s or Owner’s request, shall uncover, expose or otherwise make available for observation, inspection or tests as Owner or Professional may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Price. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction.
4.2.23.8 If any Work that is to be inspected, tested or approved pursuant to the Contract Documents is covered without such inspection, testing or approval having been satisfactorily obtained by Contractor and without obtaining the written concurrence from Professional and Owner, Contractor must, if requested by Professional or Owner, uncover such Work for observation. Such uncovering shall be at Contractor’s expense unless Contractor has given Professional and Owner forty-eight (48) hours’ written notice of Contractor’s intention to cover the same and has requested written concurrence by Professional and Owner and Professional or Owner has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Professional or Owner, such Work must, if requested by Professional or Owner, be uncovered for Professional’s and/or Owner’s observation and be replaced at Contractor’s sole expense.
4.2.23.9 Neither observations by Professional or Owner, nor inspections, tests or approvals by others shall relieve Contractor from Contractor’s obligations to perform the Work in accordance with the Contract Documents.
4.2.23.10 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Contractor or its subcontractors. Such re-inspection fees and costs must be paid directly by the Contractor to the Building Code Office.
4.2.23.11 If required, Contractor shall use a certified independent testing and balancing (“T&B”) services contractor to perform T&B services for this Project. The T&B contractor shall be completely independent of Contractor’s mechanical and ventilating subcontractor(s). Contractor shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work.
4.2.23.12 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Contractor to Owner prior to and as a condition of achieving Architect’s Substantial Completion. Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Architect’s Substantial Completion and the delivery of such final T&B report shall be a condition of final payment.
4.2.23.13 In addition to all other inspection obligations of Contractor under the Contract Documents, Contractor shall coordinate with Owner’s Threshold Inspector to conduct structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Professional. The term “threshold building” as used herein shall have the meaning prescribed in the Florida Building Code. The purpose of the structural inspection plan is to provide specific inspection requirements, procedures and schedules so the building’s structure can be adequately inspected for compliance with the applicable Contract Documents. Inspection of the shoring and reshoring for conformance with the shoring and reshoring plans is also required. The threshold building inspection shall be performed by a threshold inspector, certified by the State of Florida and approved by Owner. Contractor shall promptly provide to Owner and Professional copies of all threshold building inspection reports.
4.2.23.14 Construction Materials Testing shall be the responsibility of Contractor, unless otherwise indicated by Owner in writing.
4.2.24.1 Contractor shall fully protect the Work and adjacent property from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. Loss or damage includes environmental impacts to the ground, air, and water. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work or other work or materials of Owner or Owner’s separate contractors, or adjacent property, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor.
4.2.24.2 Contractor shall ascertain what temporary enclosures, if any, of building areas, including existing facilities, should be provided for and may be provided as a practical matter, in order to assure orderly progress of the Work and to protect and secure the Work and existing facilities, in periods when extreme weather conditions are likely to be experienced.
4.2.24.3 Contractor shall not permit any unsafe loading of any structure at the Project Site, nor shall Contractor subject any part of the Work or adjacent property to any forces that will endanger it.
4.2.24.4 Contractor shall not disturb any benchmark established by Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs Owner’s benchmarks, Contractor shall immediately notify Owner and Professional. Owner shall have the benchmarks reestablished and Contractor shall be liable for all costs incurred by Owner associated therewith.
Appears in 1 contract
Tests and Inspections. § 15.5.1 Tests7.17.1 Except for those tests, inspections inspections, and approvals that the Contract Documents expressly make the responsibility of the Authority (see particularly Exhibits A (Project Criteria) and J (Special Conditions of the Program Manager)), tests, inspections, and approvals of portions of the Work required by the Contract Documents, applicable Law, or the Permits shall be the DB Contractor’s responsibility and shall be made as required by at the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesappropriate times. Unless otherwise provided, the Design-Builder DB Contractor shall make arrangements for such tests, inspections inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, Authority or with the appropriate public authorityGovernmental Authority, and shall bear all related costs of tests, inspections inspections, and approvals. Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
7.17.2 The Design-Builder DB Contractor shall coordinate all tests inspections with the Program Manager, the State Parties (and their respective designees), and any other applicable Governmental Authorities, whether performed by or behalf of the DB Contractor or the Authority. The DB Contractor shall give the Owner Program Manager and the ADOC timely notice of when and where tests and inspections are to be made so that the Owner Program Manager, the ADOC, the Authority, and any other appropriate State-Related Parties may be present for observe such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection Authority or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner any other State Party is to observe tests, inspections inspections, or approvals required by the Design-Build Contract Documents, the Owner such State Party will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests 7.17.3 If the procedures for testing, inspection or inspections conducted pursuant approval under Subsection 7.17.1 reveal any failure of the Work to comply with requirements established by the Contract Documents, the DB Contractor shall bear all costs made necessary by such failure, including those of repeated procedures, as well as the expenses of the State Parties (including any additional compensation due to the Design-Build Documents shall Program Manager or Separate Contractors).
7.17.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be made secured by the DB Contractor and promptly delivered to avoid unreasonable delay in the WorkAuthority and the ADOC.
Appears in 1 contract
Sources: Design Build Contract
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the OwnerManager, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner Manager timely notice of when and where tests and inspections are to be made so that the Owner Manager may be present for such procedures. The Owner Manager shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner Manager from delegating their cost to the Design-Builder.
§ 15.5.2 If the Owner Manager determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner Manager will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the OwnerManager, and the Design-Builder shall give timely notice to the Owner Manager of when and where tests and inspections are to be made so that the Owner Manager may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the OwnerManager’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the OwnerManager.
§ 15.5.5 If the Owner Manager is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner Manager will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, Manager, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner Manager timely notice of when and where tests and inspections are to be made so that the Owner Manager may be present for such procedures. The Owner Manager shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner Manager from delegating their cost to the Design-Builder.
§ 15.5.2 If the Owner Manager determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner Manager will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, Manager, and the Design-Builder shall give timely notice to the Owner Manager of when and where tests and inspections are to be made so that the Owner Manager may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s Manager’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.Manager.
§ 15.5.5 If the Owner Manager is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner Manager will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Tests and Inspections. § 15.5.1 9.4.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of Governmental Authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Construction Manager shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to designated by the OwnerAuthority, or with the appropriate public authorityGovernmental Authorities, and the Authority shall bear all related costs of tests, inspections and approvals. The Design-Builder Construction Manager shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 9.4.2 If the Owner determines that Architect, Authority or Governmental Authorities having jurisdiction determine what portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 9.4.1 the Architect will, upon written authorization from the Owner will Authority, instruct the Design-Builder Construction Manager to make arrangements for such additional testing, inspection or approval by an entity acceptable to designated by the OwnerAuthority, and the Design-Builder Construction Manager shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. Such costs, The Authority shall bear such costs except as provided in Section 15.5.3, shall be at the Owner’s expenseSubparagraph 9.4.3.
§ 15.5.3 9.4.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 9.4.1 and 15.5.2 9.4.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, the Construction Manager shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect’s services and expenses. The Construction Manager also agrees that the cost of testing services required for the convenience of the Construction Manager in its scheduling and performance of the Work, and the cost of testing services related to remedial operations performed to correct deficiencies in the Work shall be at borne by the Design-Builder’s expenseConstruction Manager.
§ 15.5.4 9.4.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Construction Manager and promptly delivered to the OwnerArchitect.
§ 15.5.5 9.4.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 9.4.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Design Services Agreement
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, authority and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that which do not become requirements until after bids are received the Accepted Stipulated Sum Proposal. In no event shall any error or negotiations concluded, and (2) tests, omission in such inspections or approvals where building codes tests or applicable laws failure to perform inspections of tests excuse or regulations prohibit mitigate the Owner from delegating their cost Contractor’s failure to perform the Design-BuilderWork in accordance with the Contract Documents.
§ 15.5.2 13.5.2 If the Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.113.5.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. Such costs, except as provided in Section 15.5.313.5.3, shall be at the Owner’s expense.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect’s services and expenses shall be at the Design-BuilderContractor’s expense.
§ 15.5.4 Required 13.5.4 The Contractor shall obtain and deliver promptly to the Architect the final certificate of occupancy for the Project, certificates of testingfinal inspection of any part of the Work and operating permits for any mechanical apparatus, inspection or approval shallsuch as elevators, unless otherwise escalators, boilers, air compressors, etc., which may be required by law to permit full use and occupancy of the Design-Build Documents, be secured premises by the Design-Builder and promptly delivered Owner. Receipt of such permits or certificates by the Architect shall be a condition precedent to final completion of the OwnerWork unless the such permits or certificates are not issued due to reasons beyond the Contractor’s control.
§ 15.5.5 13.5.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Contractor (Adicet Bio, Inc.)
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable lawsApplicable Laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesAuthorities Having Jurisdiction. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authorityAuthority Having Jurisdiction, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner and Project Manager timely notice of when and where tests and inspections are to be made so that the Owner and Project Manager may be present for such procedures. The Owner shall bear costs of of
(1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws Applicable Laws or regulations prohibit the Owner from delegating their cost to the Design-Builder; provided, however, that all costs and expenses incurred following a failed test, inspection, or approval (including costs of repeated testing and compensation for the services of Owner Consultants and other Owner expenses) shall be at the sole cost and expense of Design-Builder and such costs and expenses shall not be a permitted Cost of the Work under Article A5 of Exhibit A. No inspection performed or failed to be performed shall constitute a waiver of any of the Design-Builder’s obligations or be construed as an approval or acceptance of any nonconforming or defective Work.
§ 15.5.2 If the Owner determines or Authorities Having Jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will Project Manager will, upon written authorization from the Owner, instruct the Design-Builder to make arrangements for such additional testing, inspection inspection, or approval approval, by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner and Project Manager of when and where tests and inspections are to be made so that the Owner and Project Manager may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.be
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure failure, including those of repeated procedures and compensation for the services of Owner Consultants and expenses, shall be at the Design-Builder’s expense.expense and such costs and expenses shall not be a permitted Cost of the Work under Article A5 of Exhibit A.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the OwnerOwner and Project Manager.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
§ 15.5.7 In the event Design-Builder fails or refuses to provide for testing and inspection services as required by Owner or Project Manager and it becomes necessary for Owner to provide a Separate Contractor for testing and inspection services, all costs and expenses associated with retaining the services of the Separate Contractor for testing and inspection services shall be borne by Design-Builder and Owner shall be entitled to deduct the cost of such services from such amounts as may be due Design-Builder. Owner will provide notification of such costs to
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.until
§ 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Design Build Agreement
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesApplicable Laws. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Design- Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations Applicable Laws prohibit the Owner from delegating their cost to the Design-Design- Builder.
§ 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise providedrequired by law to be provided by the Owner, or unless the Owner specifically accepts in writing the responsibilities set forth in this Section 15.5.1, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Ownerentity, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concludedexecution of the Design-Build Amendment, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure to comply with the Design-Build Documents shall be at the Design-Builder’s expense.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder (Fox Factory Holding Corp)
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations, or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. The Owner shall bear costs of (1) testsThird party testing does not relieve the Contractor from its responsibilities to perform the Work in accordance with the Contract Documents.
13.5.2 If the Architect, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 If the Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 13.5.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Architect, ARS and the Owner of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. Such costs, The Owner shall bear such costs except as provided in Section 15.5.3, shall be at the Owner’s expenseSubparagraph 13.5.3.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, the Contractor shall bear all costs made necessary by such failure shall be at including those of repeated procedures and compensation for the Design-Builder’s expenseArchitect's services and expenses.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.5.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Construction Contract (National Instruments Corp /De/)
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made at an appropriate time as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. If the services of an independent testing firm are required, the Design-Builder shall make arrangements for such tests, inspections and approvals with the independent testing firm has been retained by and being paid for by the Owner. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The independent testing agency shall prepare the test reports, logs and certificates applicable to the specific inspections and tests and promptly and simultaneously deliver the specified number of copies of them to the designated parties. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 If the Owner or public authorities having jurisdiction determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Owner’s services and expenses shall be at the Design-Builder’s expense. If the Design-Builder arranges for an inspection and the inspector is required to wait, to leave without inspection, to perform a partial inspection, to return to complete or re-inspect, or otherwise to expend time other than for the primary inspection, the Design-Builder shall be responsible for all such costs to the extent caused by the Design-Builder. If the Design-Builder does not pay the charges for which it is responsible within 30 days of billing, the Owner may pay the charges directly and back charge the Design-Builder on the next progress payment the amount plus a 10% handling fee.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner is chooses to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
§ 15.5.7 No acceptance by the Owner of any Work shall be construed to result from any inspections, tests or failure to inspect or test by the Owner, the Owner’s representative, or any other person. No inspection, test, failure to inspect or test, or failure to discover any defect or nonconformity by the Owner, the Owner’s representatives, or any other person shall relieve the Design-Builder of its responsibility for meeting the requirements of the Design-Build Documents or impair the Owner’s right to reject defective or nonconforming items or right to avail itself of any other remedy to which the Owner may be entitled, notwithstanding the Owner’s knowledge of the defect or nonconformity, its substantiality or the ease of its discovery.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder DBC shall make arrangements for, provide and pay for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder DBC shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-BuilderDBC.
§ 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder DBC to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder DBC shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-BuilderDBC’s expense.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder DBC and promptly delivered to the Owner.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Design Build Agreement
Tests and Inspections. § 15.5.1 Tests18.1 In addition to quality control, which is the Contractor’s sole responsibility, tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and or by applicable laws, statutes, ordinances, codesrules, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall authorities having jurisdiction will be made at appropriate times.
18.2 The Contractor will make arrangements and pay for such tests, inspections and approvals with an independent testing laboratory or entity selected by the Contractor and acceptable to the Owner, Owner or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvalsauthority other than the Owner. The Design-Builder shall Contractor will give the Owner timely no less than 24 hours’ notice of when and where tests tests, inspections and inspections approvals are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builderobserve such.
§ 15.5.2 18.3 If the Owner or other public authority having jurisdiction determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Paragraph 18.1, the Owner will will, in writing, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall Contractor will give timely Owner no less than 24 hours’ notice to the Owner of when and where tests such tests, inspections and inspections approvals are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expenseobserve such.
§ 15.5.3 18.4 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 this paragraph reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, any additional testing, inspection or approval will be borne by the Contractor at no cost to the Owner. In addition, the Contractor will bear, at no cost to the Owner, all costs made necessary by such failure shall failure, including those of corrective Work, repeated procedures and compensation for the Owner’s services and expenses. If such procedures for testing, inspection or approval under this paragraph reveal the Work complies with requirements established by the Contract Documents, any additional testing, inspection or approval will be borne by the Owner at no cost to the Design-Builder’s expenseContractor.
§ 15.5.4 Required 18.5 The Contractor will secure and promptly deliver to the Owner within seven (7) days, any required certificates of testing, inspection or approval shallapproval, unless otherwise any occupancy permits, any certificates of final inspection of any part of the Contractor’s Work and any operating permits for any mechanical apparatus, such as elevators, boilers, air compressors, etc. which may be required by law to permit full use and occupancy of the Design-Build Documents, be secured premises by the Design-Builder and promptly delivered Owner. Receipt of such permits or certificates by the Owner will be a condition precedent to Substantial Completion of the OwnerWork or designated portion thereof.
§ 15.5.5 If the Owner is to observe 18.6 Management and documented tracking and control of all tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall will be made promptly the sole responsibility of the Contractor and all records will be verified, tracked, documented and conducted to avoid unreasonable delay in the Work. All tests, inspections and approvals documentation will be made available to the Owner for review upon request.
Appears in 1 contract
Sources: Contract for Services
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear beat all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner Development Manager and Architect timely notice of when and where tests and inspections are to be made so that the Owner [Architect] they may be present for observe such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that which do not become requirements until after bids are ate received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 13.5.2 If the Development Manager, Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 13.5.1, the Owner will Development Manager and Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Development Manager and Architect of when and where tests and inspections are to be made so that the Owner they [Architect] may be present for observe such procedures. Such costs, The Owner shall bear such costs except as provided in Section 15.5.3, shall be at the Owner’s expenseSubparagraph 13.5.3.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, the Contractor shall hear all costs made necessary by such failure shall be at including those of repeated procedures and compensation for the Design-Builder’s expenseDevelopment Manager's and Architect's services and expenses.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerDevelopment Manager for transmittal to the Architect.
§ 15.5.5 13.5.5 If the Owner Development Manager or Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Development Manager or Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Architect and Owner timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that which do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 13.5.2 If the Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 13.5.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. Such costs, except as provided in Section 15.5.3Subparagraph 13.5.3, shall be at the Owner’s 's expense.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Design-Builder’s Contractor's expense.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.5.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Contractor (Corixa Corp)
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that which do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 13.5.2 If the Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 13.5.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. Such costs, The Owner shall bear such costs except as provided in Section 15.5.3, shall be at the Owner’s expenseSubparagraph 13.5.3.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, the Contractor shall bear all costs made necessary by such failure shall be at including those of repeated procedures and compensation for the Design-Builder’s expenseArchitect's services and expenses.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.5.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicableapplicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Workwork.
Appears in 1 contract
Sources: Construction Contract (Monarch Casino & Resort Inc)
Tests and Inspections. § 15.5.1 13.4.1 Tests, inspections inspections, and approvals of portions of the Work shall be made at appropriate times as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules rules, and regulations or lawful orders of public authoritiesauthorities having jurisdiction. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections inspections, and approvalsapprovals which shall be included in the Cost of the Work. Provided, however, per Texas Government Code Chapter 2269, Owner shall bear all costs of construction materials engineering, testing and inspection services, and the verification testing services necessary for acceptance of the facility by the Owner. The Design-Builder Contractor shall give the Owner Architect timely written notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. The Owner shall bear costs of (1) directly arrange and pay for tests, inspections or approvals that do not become requirements until after bids are received or negotiations concludedinspections, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builderso require.
§ 15.5.2 13.4.2 If the Owner determines Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection inspection, or approval not included under Section 15.5.113.4.1, the Owner will instruct the Design-Builder to make arrangements shall provide or contract for such additional testing, inspection inspection, or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such proceduresapproval. Such costs, except as provided in Section 15.5.313.4.3, shall be at the Owner’s expense.. Architect, Owner and Contractor shall cooperate for the timely scheduling of such tests and inspections
§ 15.5.3 13.4.3 If such procedures for testing, inspection inspection, or approval under Sections 15.5.1 13.4.1 and 15.5.2 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure shall be at failure, including but not limited to those of repeated procedures and compensation for the Design-Builder’s expense.Architect’s
§ 15.5.4 13.4.4 Required certificates of testing, inspection inspection, or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the Architect with a copy to the Owner.
§ 15.5.5 13.4.5 If the Owner Architect is to observe tests, inspections inspections, or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing, with a copy the Owner.
§ 15.5.6 13.4.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Contractor
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that which do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 13.5.2 If the Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 13.5.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. Such costs, The Owner shall bear such costs except as provided in Section 15.5.3, shall be at the Owner’s expense.Subparagraph 13.5.3
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, the Contractor shall bear all costs made necessary by such failure shall be at including those of repeated procedures and compensation for the Design-Builder’s expenseArchitect's services and expenses.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.5.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made Made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Construction Contract (Digex Inc/De)
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.,
§ 15.5.2 13.5.2 If the Architect/Engineer, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.113.5.1, the Owner will Architect/Engineer will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect/Engineer of when and where tests and inspections are to be made so that the Owner Architect/Engineer may be present for such procedures. Such costs, except as provided in Section 15.5.313.5.3, shall be at the Owner’s expense.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect/Engineer’s services and expenses shall be at the Design-BuilderContractor’s expense.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect/Engineer.
§ 15.5.5 13.5.5 If the Owner Architect/Engineer is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect/Engineer will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Agreement Between Owner and General Contractor for Construction Services
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public law authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and suc approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.Bu
§ 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Tests and Inspections. § 15.5.1 13.4.1 Tests, inspections inspections, and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections inspections, and approvals. The Design-Builder Contractor shall give the Architect and Owner timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections inspections, or approvals that do not become requirements until after bids are received or negotiations concluded, . The Owner shall directly arrange and (2) pay for tests, inspections inspections, or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builderso require.
§ 15.5.2 13.4.2 If the Owner determines Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection inspection, or approval not included under Section 15.5.113.4.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection inspection, or approval approval, by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Architect and Owner may be present for such procedures. Such costs, except as provided in Section 15.5.313.4.3, shall be at the Owner’s expense.
§ 15.5.3 13.4.3 If such procedures for testing, inspection inspection, or approval under Sections 15.5.1 13.4.1 and 15.5.2 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Design-BuilderContractor’s expense.
§ 15.5.4 13.4.4 Required certificates of testing, inspection inspection, or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the Architect.Architect and Owner.
§ 15.5.5 13.4.5 If the Owner Architect is to observe tests, inspections inspections, or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.4.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Construction Manager as Constructor
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.by
§ 15.5.2 13.5.2 If the Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.113.5.1, the Owner will instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner and Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. Such costs, except as provided in Section 15.5.313.5.3, shall be at the Owner’s expense.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect’s services and expenses shall be at the Design-BuilderContractor’s expense. Notwithstanding the foregoing, Owner agrees that it shall bear the cost of the first two soil compaction tests for each of the buildings within the scope of the Project. However, in the event that additional soil compaction tests are required due to the failure of Contractor or its Subcontractors to perform the Work in accordance with the Contract Documents, the cost thereof shall be borne by Contractor pursuant to the requirements of this Section.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the Owner.
, who shall deliver copies to Architect and Contractor. Contractor shall be responsible to make arrangements for and coordinate the timing of such tests, inspections, and approvals, pursuant to Section 13.5.1 above. § 15.5.5 13.5.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Contractor
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. required by the Contract Documents or by laws, ordinances, rules, regulations or order of public authorities having jurisdiction shall be made at appropriate times. Unless otherwise provided, the Design-Builder Contractor shall make arrangements arrangement for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. Employed by the Owner for this purpose, or with the appropriate public authority. Owner shall bear the normal costs of these services, but not any excess costs attributable to Contractor caused scheduling problems, other Contractor error or retesting. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. .The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-BuilderContractor.the Architect may observe such procedures.
§ 15.5.2 13.5.2 If the Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.113.5.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. Such costs, except as provided in Section 15.5.313.5.3, shall be at the Owner’s expense.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect’s services and expenses shall be at the Design-BuilderContractor’s expense.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.. Docu men omptly to
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Construction Manager as Constructor
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that which do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 13.5.2 If the Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.113.5.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. Such costs, except as provided in Section 15.5.313.5.3, shall be at the Owner’s 's expense.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Design-Builder’s Contractor's expense.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.5.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Construction Contract (Sierra Pacific Resources /Nv/)
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and . The Contractor shall bear all related costs of such tests, inspections and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 13.5.2 If the Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 13.5.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. Such costs, The Owner shall bear such costs except as provided in Section 15.5.3, shall be at the Owner’s expenseSubparagraph 13.5.3.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, the Contractor shall bear all costs made necessary by such failure shall be at including those of repeated procedures and compensation for the Design-Builder’s expenseArchitect's services and expenses.
§ 15.5.4 Required certificates of testing13.5.4 The Contractor shall obtain and deliver promptly to the Architect, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered with a copy to the Owner, any occupancy permit and any certificate of final inspection of any part of the Contractor's work and operating permits for any mechanical apparatus, such as elevators, escalators, boilers, air compressors, etc., which may be required by law to permit full use and occupancy of the premises by the Owner. Receipt of such permits or certificates by the Architect shall be a condition precedent to Substantial Completion of the Work.
§ 15.5.5 13.5.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: General Contract
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that which do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 13.5.2 If the Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 13.5. 1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. Such costs, The Owner shall bear such costs except as provided in Section 15.5.3, shall be at the Owner’s expenseSubparagraph 13.5.3.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, the Contractor shall bear all costs made necessary by such failure shall be at including those of repeated procedures and compensation for the Design-Builder’s expenseArchitect's services and expenses.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.5.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Construction Contract (Digex Inc/De)
Tests and Inspections. § 15.5.1 .1 Tests, inspections and approvals of portions of the IDB Work shall be made as required by the Industrial Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder ▇▇▇▇▇▇▇ shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder ▇▇▇▇▇▇▇ shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder▇▇▇▇▇▇▇.
§ 15.5.2 .2 If the Owner determines that portions of the IDB Work require additional testing, inspection or approval not included under Section 15.5.118.5.1, the Owner will instruct the Design-Builder ▇▇▇▇▇▇▇ to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder ▇▇▇▇▇▇▇ shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.318.5.3, shall be at the Owner’s expense.
§ 15.5.3 .3 If such procedures for testing, inspection or approval under Sections 15.5.1 18.5.1 and 15.5.2 18.5.2 reveal failure of the portions of the IDB Work to comply with requirements established by the Industrial Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s ▇▇▇▇▇▇▇’▇ expense.
§ 15.5.4 .4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Industrial Design-Build Documents, be secured by the Design-Builder ▇▇▇▇▇▇▇ and promptly delivered to the Owner.
§ 15.5.5 .5 If the Owner is to observe tests, inspections or approvals required by the Industrial Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 .6 Tests or inspections conducted pursuant to the Industrial Design-Build Documents shall be made promptly to avoid unreasonable delay in the IDB Work.
Appears in 1 contract
Tests and Inspections. § 15.5.1 Tests, 4.21.1 The DBE shall be responsible for requesting and scheduling all tests and inspections and approvals of portions necessary to ensure the quality of the Work are in accordance with the terms of the Contract Documents. The DBE shall at all times permit the District and its agents, inspectors, officers, and employees access to the Project Site and inspect the Work and such other locations where the Work is in preparation. This obligation shall include maintaining proper facilities and safe access for such inspection. When the Contract Documents require a portion of the work to be tested, such portion of work shall not be covered up until inspected and approved. The DBE shall be made as solely responsible for notifying the District and the Inspector of Record where and when the work is ready for inspection and testing at least forty-eight (48) hours in advance of the commencement and completion of construction of each and every aspect of the Work. The District shall provide inspectors to review and verify compliance of the DBE’s quality control and assurance teams with the contract documents.
4.21.2 Should any work be covered without the required testing or witnessed by the Design-Build Documents and by applicable lawsDistrict, statutessuch work shall be uncovered at the DBE's expense. Whenever the DBE intends to perform work on Saturday, ordinancesSunday, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provideda legal holiday, the Design-Builder DBE shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable give written notice to the OwnerDistrict of such intention at least forty- eight (48) hours prior to performing the work, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner District may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Buildermake necessary arrangements.
§ 15.5.2 4.21.3 If the Owner District determines that portions of the Work require additional testing, testing or inspection or approval that is not included under Section 15.5.1in the Contract Documents, the Owner District will instruct the Design-Builder DBE, in writing, to make arrangements for such additional testing, testing or inspection or approval by an entity acceptable to the OwnerDistrict, and the Design-Builder DBE shall give timely forty-eight (48) hours written notice to the Owner District of where and when and where tests and inspections are to will be made conducted so that the Owner District may be present for such observe the procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 4.21.4 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions a portion(s) of the Work work to comply with requirements established by the Design-Build Contract Documents, the DBE shall bear all costs and time made necessary by such failure failure(s) including those of repeated procedures and compensation for the District's services and expenses. The DBE shall notify the District in writing within 24 hours of any test conducted by the independent testing agency that reveals work failing to comply with the Construction Documents. Inspection of Work shall not relieve DBE from an obligation to fulfill this Agreement. Project Inspector(s) and the DSA are authorized to suspend work whenever the DBE and/or its Subcontractor(s) are not complying with the Construction Documents. Any work suspension by the Project Inspector(s) and/or DSA shall be at without liability to the Design-Builder’s expenseDistrict.
§ 15.5.4 4.21.5 Required certificates of testing, testing and inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder DBE and promptly delivered to the OwnerDistrict within seven (7) days after each test.
§ 15.5.5 If 4.21.6 Provide qualified on-site personnel to review and record daily construction activities, including subcontract activities, to determine adequacy of work and compliance with the Owner is approved plans and specifications. Provide written daily reports including, but not limited to: Project title, date of work, contract day, weather and conditions (temperature, wind, humidity, etc.), a description of the work in progress by corresponding schedule activity number(s), name of each Subcontractor on site and work being performed, location of each trade on the Project site, total daily workforce per trade (including the DBE’s work force), material deliveries and quantities, equipment deliveries, potential delays and delays encountered, orders of instruction, unsatisfactory work, tests performed, safety concerns, visitors, and any other issues to observe tests, inspections or approvals required document work performed and areas of concern.
4.21.7 Daily reports shall be signed by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant DBEs’ Quality Assurance Manager and Project Manager and submitted to the Design-Build Documents Construction Manager no later than 12:00 p.m. following the day work was performed. The DBE shall be made promptly separately provide written reports to avoid unreasonable delay the Construction Manager of any noted deficiencies in the Workinstalled work and corrective measures taken, and test reports of work being installed.
Appears in 1 contract
Sources: Design Build Agreement
Tests and Inspections. DRAFT
§ 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by Laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for schedule such tests, inspections and approvals with an the Owner’s independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builderlaboratory.
§ 15.5.2 13.5.2 If the Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval approvals not included under Section 15.5.1Paragraph 13.5.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. Such costs, The Owner shall bear such costs except as provided in Section 15.5.3Paragraph 13.5.3, and a Change Order shall be at the Owner’s expenseissued.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Paragraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, the Contractor shall bear all costs made necessary by such failure shall be at including those of repeated procedures and compensation for the Design-Builder’s expenseArchitect's services and expenses.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.5.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
13.5.7 If Work installed is found not in compliance with the Contract Documents, investigation, testing and subsequent re-testing of the Work arising out of such deficiencies and defects shall be performed by the Contractor. The type and nature of the inspections and tests shall be reasonable. The Contractor shall bear the costs of such investigations, testing and re-testing.
Appears in 1 contract
Sources: Lease (NightHawk Biosciences, Inc.)
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded;, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder; and (3) per Texas Government Code Ch. 2269 for construction materials, engineering, testing, and inspection services, and verification services necessary for acceptance of the Work by Owner.
§ 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.additional
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made at an appropriate time as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise providedIf the services of an independent testing firm are required, the Design-Builder shall make arrangements for such tests, inspections and approvals with an the independent testing laboratory or entity acceptable to firm has been retained by and being paid for by the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The independent testing agency shall prepare the test reports, logs and certificates applicable to the specific inspections and tests and promptly and simultaneously deliver the specified number of copies of them to the designated parties. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.
§ 15.5.2 If the Owner or public authorities having jurisdiction determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Owner’s services and expenses shall be at the Design-Builder’s expense. If the Design-Builder arranges for an inspection and the inspector is required to wait, to leave without inspection, to perform a partial inspection, to return to complete or re-inspect, or otherwise to expend time other than for the primary inspection, the Design-Builder shall be responsible for all such costs to the extent caused by the Design-Builder. If the Design-Builder does not pay the charges for which it is responsible within 30 days of billing, the Owner may pay the charges directly and back charge the Design-Builder on the next progress payment the amount plus a 10% handling fee.
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner is chooses to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
§ 15.5.7 No acceptance by the Owner of any Work shall be construed to result from any inspections, tests or failure to inspect or test by the Owner, the Owner’s representative, or any other person. No inspection, test, failure to inspect or test, or failure to discover any defect or nonconformity by the Owner, the Owner’s representatives, or any other person shall relieve the Design-Builder of its responsibility for meeting the requirements of the Design-Build Documents or impair the Owner’s right to reject defective or nonconforming items or right to avail itself of any other remedy to which the Owner may be entitled, notwithstanding the Owner’s knowledge of the defect or nonconformity, its substantiality or the ease of its discovery.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder Contractor shall give the Owner Architect timely notice of when and where tests and inspections are to be made so that the Owner Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-BuilderContractor.
§ 15.5.2 13.5.2 If the Owner determines and Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.113.5.1, the Owner will or Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner and Architect of when and where tests and inspections are to be made so that the Owner and Architect may be present for such procedures. Such costs, except as provided in Section 15.5.313.5.3, shall be at the Owner’s expense.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect’s services and expenses shall be at the Design-BuilderContractor’s expenseexpense and shall not be a part of the Cost of the Work.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the OwnerArchitect.
§ 15.5.5 13.5.5 If the Owner or Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner or Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect (Nu Skin Enterprises Inc)
Tests and Inspections. § 15.5.1 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authoritiesat an appropriate time. Unless otherwise providedprovided in the Contract Documents, (i) the Design-Builder Contractor shall make arrangements for such coordinate all tests, inspections and approvals with an independent testing laboratory or other entity acceptable to designated and retained by the Owner, or with the appropriate public authority, and (ii) the Owner shall bear all related costs of such tests, inspections and approvals. The Design-Builder Contractor shall give the Owner and the Architect timely notice of when and where tests and inspections are to be made so that the Owner may be present for retain the appropriate agency and the Architect may observe such procedures. The Owner may (but shall bear costs not be obligated to) from time to time, at its own cost and expense, perform or cause to be performed such additional tests and inspections of (1) tests, inspections the Work as the Owner may determine to be General Conditions necessary or approvals that do not become requirements until after bids are received or negotiations concludedappropriate, and the Contractor shall, upon receipt of reasonable prior written notice identifying any such tests and inspections, coordinate the Work so as to accommodate the performance of such tests and inspections. Copies of any results of such Owner initiated tests and inspections shall be made available to the Contractor if the Contractor so requests, provided, the Contractor shall not be entitled to rely upon such results (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit and the Owner from delegating their cost makes no representation or warranty as to the Design-Builderaccuracy or completeness thereof) and the Owner's performance of any such tests and inspections shall not serve to relieve the Contractor of its obligation to perform the Work in accordance with the requirements set forth in the Contract Documents.
§ 15.5.2 13.5.2 If the Architect, Owner determines or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Subparagraph 13.5.1, the Owner will Architect will, upon written authorization from the Owner, instruct the Design-Builder Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder Contractor shall give timely notice to the Owner Architect of when and where tests and inspections are to be made so that the Owner Architect may be present for observe such procedures. Such costs, The Owner shall bear such costs except as provided in Section 15.5.3, shall be at the Owner’s expenseSubparagraph 13.5.3.
§ 15.5.3 13.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 Subparagraphs 13.5.1 and 15.5.2 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Contract Documents, the Contractor shall bear all costs made necessary by such failure shall be at including those of repeated procedures and compensation for the Design-Builder’s expenseArchitect's services and expenses.
§ 15.5.4 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured by the Design-Builder Contractor and promptly delivered to the Owner, with copies to the Architect.
§ 15.5.5 13.5.5 If the Owner Architect is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner Architect will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 13.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Contract for Construction
Tests and Inspections. § 15.5.1 Tests18.1 In addition to quality control, which is the Design-Builder’s sole responsibility, tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and or by applicable laws, statutes, ordinances, codesrules, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the authorities having jurisdiction will be made at appropriate times.
18.2 The Design-Builder shall will make arrangements and pay for such tests, inspections and approvals with an independent testing laboratory or entity selected by the Design-Builder and acceptable to the Owner, Owner or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvalsauthority other than the Owner. The Design-Builder shall will give the Owner timely notice of when and where tests tests, inspections and inspections approvals are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builderobserve such.
§ 15.5.2 18.3 If the Owner or other public authority having jurisdiction determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Paragraph 18.1, the Owner will will, in writing, instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall will give timely notice to the Owner of when and where tests such tests, inspections and inspections approvals are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expenseobserve such.
§ 15.5.3 18.4 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 this paragraph reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Design-Build Documents, Builder will bear all costs made necessary by such failure shall be at failure, including those of repeated procedures and compensation for the Owner’s services and expenses.
18.5 The Design-Builder’s expense.
§ 15.5.4 Required Builder will secure and promptly deliver to the Owner any required certificates of testing, inspection or approval shallapproval, unless otherwise required by any occupancy permits, any certificates of final inspection of any part of the Design-Build DocumentsBuilder’s Work and any operating permits for any mechanical apparatus, such as elevators, boilers, air compressors, etc. which may be secured required by law to permit full use and occupancy of the premises by the Design-Builder and promptly delivered Owner. Receipt of such permits or certificates by the Owner will be a condition precedent to Substantial Completion of the OwnerWork or designated portion thereof.
§ 15.5.5 If the Owner is to observe tests18.6 Tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Contract Documents shall will be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Design Build Contract
Tests and Inspections. § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.and
§ 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner may on its own arrange for such additional testing, inspection, or approval, or will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense.
§ 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.. Owner may deduct such amounts from the balance due the Design-Builder
§ 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Tests and Inspections. § 15.5.1 17.4.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Contract Documents and or by applicable laws, statutes, ordinances, codesrules, rules and regulations or lawful orders of public authoritiesRegulatory Authorities shall be made at an appropriate time. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals, including the consumable fluids used in the cleaning and testing of the Work. The Design-Builder shall give the Owner timely at least twenty-four (24) hours notice of when and where tests and inspections are to be made so that the Owner may be present for observe such procedures. The Owner shall bear costs of (1) testsContract No. 1420110868 40 November 14, inspections or approvals that do not become requirements until after bids are received or negotiations concluded2011 Initials ▇▇▇▇▇▇▇▇ OFFSHORE SERVICES, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder.LLC CONFIDENTIAL
§ 15.5.2 17.4.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1Article 17.4.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely at least twenty-four (24) hours notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for observe such procedures. Such costs, except The Owner shall bear the cost of such tests. If any testing or inspection conducted by Builder as provided in Section 15.5.3this Article 17.4.2 affirms that Builder’s workmanship is acceptable under the Contract Documents, Builder shall be receive an adjustment of the Delivery Date, at Builder’s option, for the Owner’s expensetime it took to conduct such tests and inspections.
§ 15.5.3 17.4.3 If any testing or inspection conducted by Builder as provided in Article 17.4.2 discloses that any methods or means of construction or material or workmanship are not acceptable under the Contract Documents, the Builder shall reimburse the Owner for the costs of such procedures for testingtests and inspections, inspection or approval under Sections 15.5.1 including the cost of related labor and 15.5.2 reveal failure of the portions of facilities and shall remedy the Work so as to comply with requirements established by the Design-Build Contract Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense.
§ 15.5.4 17.4.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Contract Documents, be secured obtained by the Design-Builder and promptly delivered to the Owner.
§ 15.5.5 17.4.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Contract Documents, the Owner will do so promptly and, where practicable, and at the normal place of testing.
§ 15.5.6 Tests 17.4.6 Neither the observations of the Owner nor inspections, tests, or inspections conducted pursuant approvals by persons other than the Builder shall relieve the Builder from its obligations to perform the Design-Build Documents shall be made promptly to avoid unreasonable delay Work in accordance with the WorkContract Documents.
Appears in 1 contract
Sources: Vessel Construction Agreement
Tests and Inspections. § 15.5.1 10.8.1 Design-Builder shall give Town timely notice of readiness of the Work for all required inspections, tests or approvals. Design-Builder shall assume full responsibility, pay all costs in connection therewith and furnish Town the required certificates of inspection, testing or approval for all materials, equipment or the Work or any part thereof, as specified herein or otherwise required by the Florida Building Code.
10.8.2 Inspectors shall have no authority to permit deviations from nor to relax any of the provisions of the Design-Build Documents, nor to delay the Agreement by failure to inspect the materials and Work with reasonable promptness.
10.8.3 The payment of any compensation whatever may be its character or form, or the giving of any gratuity or the granting of any favor by the Design-Builder to any inspectors, directly or indirectly is strictly prohibited and any such action on the part of the Design-Builder will constitute a breach of this Agreement.
10.8.4 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the OwnerTown, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner Town timely notice of when and where tests and inspections are to be made so that the Owner Town may be present for such procedures. The Owner Town shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner Town from delegating their cost to the Design-Builder.
§ 15.5.2 10.8.5 If the Owner Town determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.110.5.1, the Owner Town will instruct the Design-Design- Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the OwnerTown, and the Design-Builder shall give timely notice to the Owner Town of when and where tests and inspections are to be made so that the Owner Town may be present for such procedures. Such costs, except as provided in Section 15.5.3, costs shall be at the OwnerTown’s expense.
§ 15.5.3 10.8.6 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 Section 10.5.1 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Design- Builder’s expense.
§ 15.5.4 10.8.7 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the OwnerTown.
§ 15.5.5 10.8.8 If the Owner Town is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner Town will do so promptly and, where practicable, at the normal place of testing.
§ 15.5.6 10.8.9 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.
Appears in 1 contract
Sources: Design Build Agreement