City Tests, Observations and Inspections. The City, its employees, agents, representatives and contractors (which may be selected in the City’s discretion), and all Governmental Bodies having lawful jurisdiction, may at any reasonable time and with reasonable notice conduct such on-site observations and inspections, and such civil, structural, mechanical, electrical or other tests as the City deems necessary or desirable to ascertain whether the Design-Build Work complies with the Contract Standards. The Stage 2 Design-Build Costs paid in connection with any of such test, observation or inspection shall result in a Change Order unless such test, observation or inspection reveals a material failure of the Design-Build Work to comply with the Contract Documents or Applicable Law, in which event the costs and expenses of such observation, inspection or test shall be Unallowable Costs borne solely by the Design-Builder. The Design-Builder shall be entitled to Uncontrollable Circumstance relief as and to the extent provided in Article 39 in the event that any requested test, observation or inspection causes a delay in the critical path of the Stage 2 Design-Build Work Schedule, but only if such testing, observation or inspection does not reveal any material failure or non-compliance as set forth herein.
City Tests, Observations and Inspections. (1) The City, its employees, agents, representatives and contractors (which may be selected in the City’s discretion), specifically including the Owner’s Representative, shall have the right, at all times but following at least one Business Day’s prior notice, to review the Design Documents to confirm compliance of the Project with the requirements of Appendix 4 (Technical Requirements), the Design and Construction Standards, and applicable Law, and, at any reasonable time and with reasonable notice, to inspect the Project during construction, conduct such on-site observations and inspections, and such civil, structural, mechanical, electrical, chemical, or other tests as the City deems necessary or desirable to ascertain whether the Contract Services complies with this Comprehensive Agreement, including but not limited to, testing construction materials. The City’s costs of any such test, observation or inspection shall be borne by the City, unless such test, observation or inspection reveals a material failure of the Contract Services to comply with this Comprehensive Agreement or applicable Law, in which event the Developer shall pay all reasonable costs and expenses of such observation, inspection or test within 30 Business Days of receipt of an invoice from the City. In the event that any requested test, observation or inspection causes a delay in the Project Schedule, the Scheduled Substantial Completion Date shall be adjusted to reflect the actual period of time needed for completion as directly caused by the requested testing, but only if such testing, observation or inspection does not reveal any material failure or non-compliance as set forth herein.
