Design-Builder Tests and Inspections. The Design-Builder shall conduct all tests of the Design-Build Work (including shop tests) or inspections required by the Contract Standards. The Design-Builder shall give the Owner and the Owner’s Representative reasonable advance notice (at least 10 Business Days, unless waived or shortened by the Owner) of tests or inspections prior to the conduct thereof; provided, however, that in no event shall the inability, failure or refusal to attend or be present of the Owner or the Owner’s Representative at or during any such test or inspection delay the conduct of such test or inspection or the performance of the Design-Build Work. The Design-Builder shall engage an Engineer (or, as appropriate, architect licensed in the State and acceptable to the Owner) at its sole cost and expense to conduct or witness any such test or inspection. All analyses of test samples shall be conducted by persons appearing on lists of laboratories authorized to perform such tests by the State or federal agency having jurisdiction and shall be subject to the approval of the Owner, which approval shall not be unreasonably withheld. In addition to the foregoing, Acceptance Testing of the performance of the completed Design-Build Improvements shall be conducted in accordance with Article 4 (Acceptance of the Design-Build Improvements) and Appendix 7 (Acceptance Test Requirements and Procedures).
