Common use of Tests and Inspections Clause in Contracts

Tests and Inspections. 25.1 Owner, Design Professional, their respective representatives, agents and employees, 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. Construction Contractor shall provide proper, safe conditions for such access. Construction Contractor shall provide Design Professional and Owner’s BCCO with timely prior written notice (at least 48 hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 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 Construction Contractor and without obtaining the written concurrence from Design Professional, such Work must, if requested by Design Professional, be uncovered for observation. Such uncovering shall be at Construction Contractor’s expense unless Construction Contractor has given Design Professional forty-eight (48) hours’ written notice of Construction Contractor’s intention to cover the same and has requested written concurrence by Design Professional and Design Professional has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Design Professional, such Work must, if requested by Design Professional, be uncovered for Design Professional’s observation and be replaced at Construction Contractor’s sole expense. 25.4 Owner shall charge to Construction Contractor and may deduct from any payments due Construction Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor from Construction Contractor’s obligations to perform the Work in accordance with the Contract Documents. 25.6 Construction 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 Construction Contractor. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) services for this Project. The T&B contractor shall be completely independent of Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.

Appears in 10 contracts

Samples: Construction Management Services Agreement, Construction Management Contract, Construction Management Contract

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Tests and Inspections. 25.1 Owner, Design Professional, their respective representatives, agents and employees, 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. Construction Contractor shall provide proper, safe conditions for such access. Construction Contractor shall provide Design Professional and Owner’s BCCO Uniform Building Construction Inspector with timely prior written notice (at least 48 hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 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 Construction Contractor and without obtaining the written concurrence from Design Professional, such Work must, if requested by Design Professional, be uncovered for observation. Such uncovering shall be at Construction Contractor’s expense unless Construction Contractor has given Design Professional forty-eight (48) hours’ 48 hours written notice of Construction Contractor’s intention to cover the same and has requested written concurrence by Design Professional and Design Professional has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Design Professional, such Work must, if requested by Design Professional, be uncovered for Design Professional’s observation and be replaced at Construction Contractor’s sole expense. 25.4 Owner shall charge to Construction Contractor and may deduct from any payments due Construction Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by the Owner and the Construction Contractor was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor from Construction Contractor’s obligations to perform the Work in accordance with the Contract Documents. 25.6 Construction Contractor is responsible, without reimbursement from Owner, for re- re-inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Construction Contractor. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (T&B) services for this Projectproject. The T&B contractor shall be completely independent of the Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (HVAC) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.

Appears in 3 contracts

Samples: Project Construction Management Contract, Project Construction Management Contract, Project Construction Management Contract

Tests and Inspections. 25.1 A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, Design Professionalwill determine, their respective representativesin general, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether if the Work is being performed on proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or off continuous inspections to the Site to check the quality or quantity of the Project siteWork. On the basis of such visits and observations, for their observation, inspection and testing. Construction Contractor shall provide proper, safe conditions for such access. Construction Contractor shall provide Design Professional and Owner’s BCCO with timely prior written notice (at least 48 hours) Engineer will keep Owner informed of the readiness progress of the Work for all required inspections, tests or approvalsand will endeavor to guard Owner against defective Work. 25.2 If B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the Contract Documents safety precautions and programs incident thereto, or for any codes, laws, ordinances, rules or regulations failure of any public authority having jurisdiction over Contractor to comply with Laws and Regulations applicable to the Project requires any portion performance of the Work to Work. Engineer will not be specifically inspected, tested or approved, Construction Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 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 Construction Contractor and without obtaining the written concurrence from Design Professional, such Work must, if requested by Design Professional, be uncovered responsible for observation. Such uncovering shall be at Construction Contractor’s expense unless Construction Contractor has given Design Professional forty-eight (48) hours’ written notice of Construction Contractor’s intention to cover the same and has requested written concurrence by Design Professional and Design Professional has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Design Professional, such Work must, if requested by Design Professional, be uncovered for Design Professional’s observation and be replaced at Construction Contractor’s sole expense. 25.4 Owner shall charge to Construction Contractor and may deduct from any payments due Construction Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor from Construction Contractor’s obligations failure to perform the Work in accordance with the Contract Documents. 25.6 Construction 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 Construction Contractor. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) services for this Project. The T&B contractor shall be completely independent of Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall C. Engineer will not be responsible for coordinating mechanical/ventilating (“HVAC”) workthe acts or omissions of Contractor or of any Subcontractor, including HVAC control systems and T&B workany Supplier, or of any other individual or entity performing any of the Work. 25.8 A completed preliminary T&B report meeting D. CLIENT elects to assume the requirements responsibilities of the governmental authority(ies) having jurisdiction over the “Resident Project Representative” and shall be delivered by Construction Contractor solely responsible for monitoring the quality of all work to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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 inspectorvarious contractors and subcontractors providing services and materials for the Project. CLIENT further assumes sole responsibility to arrange for or conduct any necessary or required testing or inspections which may be advisable to ensure that the work performed, certified and materials provided by any contractors or subcontractors are properly and timely performed and are in accordance with the State of Florida Project’s plans, specifications and approved by Owner. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reportsproject documents.

Appears in 2 contracts

Samples: Professional Services, Professional Services

Tests and Inspections. 25.1 OwnerA. City's Access: At all times during the progress of the Work, Design Professionaland until the date of final completion, their afford the City Manager or designee and ENGINEER every reasonable, safe, and proper facility for inspecting the Work at the site. The observation and inspection of any work will not relieve the CONTRACTOR of any obligations to perform proper and satisfactory work as specified. Replace work rejected due to faulty design, inferior, or defective materials, poor workmanship, improper installation, excessive wear, or nonconformity with the requirements of the Contract Documents, with satisfactory work at no additional cost to the City. Replace as directed, finished or unfinished work found not to be in strict accordance with the Contract, even though such work may have been previously approved and payment made therefore. The City of Naples, its respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times time to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Construction Contractor shall provide proper, safe conditions for such access. Construction Contractor shall provide Design Professional and Owner’s BCCO Engineer with timely prior written notice (at least 48 hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 . If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional Engineer the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner the Engineer and Design Professional. 25.3 The City of Naples. 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 Construction Contractor and without obtaining the written concurrence from Design Professionalthe Engineer, such Work work must, if requested by Design ProfessionalEngineer, be uncovered for observation. Such uncovering shall be at Construction Contractor’s 's expense unless Construction Contractor has given Design Professional forty-eight (48) hours’ written Engineer timely notice of Construction Contractor’s 's intention to cover the same and has requested written concurrence by Design Professional and Design Professional Engineer has not acted with reasonable promptness to respond to such notice and requestnotice. If any Work is covered contrary to written directions from Design ProfessionalEngineer, such Work must, if requested by Design ProfessionalEngineer, be uncovered for Design Professional’s Engineer's observation and be replaced at Construction Contractor’s 's sole expense. 25.4 Owner . The City shall charge to Construction Contractor and may deduct from any payments due Construction Contractor all engineering and inspection expenses incurred by Owner the City in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor was on schedulework. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 . Neither observations nor other actions by Design Professional or Owner, the Engineer nor inspections, tests or approvals by others shall relieve Construction Contractor from Construction Contractor’s 's obligations to perform the Work in accordance with the Contract Documents. 25.6 Construction 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 Construction Contractor. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) services for this Project. The T&B contractor shall be completely independent of Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.

Appears in 2 contracts

Samples: Professional Services, Professional Services

Tests and Inspections. 25.1 Owner, Design Professional, their respective representatives, agents and employees, 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. Construction Contractor shall provide proper, safe conditions for such access. Construction Contractor shall provide Design Professional and Owner’s BCCO Building Code Compliance Officer with timely prior written notice (at least 48 forty-eight (48) hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 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 Construction Contractor and without obtaining the written concurrence from Design Professional, such Work must, if requested by Design Professional, be uncovered for observation. Such uncovering shall be at Construction Contractor’s expense unless Construction Contractor has given Design Professional forty-eight (48) hours’ written notice of Construction Contractor’s intention to cover the same and has requested written concurrence by Design Professional and Design Professional has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Design Professional, such Work must, if requested by Design Professional, be uncovered for Design Professional’s observation and be replaced at Construction Contractor’s sole expense. 25.4 Owner shall charge to Construction Contractor and may deduct from any payments due Construction Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor from Construction Contractor’s obligations to perform the Work in accordance with the Contract Documents. 25.6 Construction Contractor is responsible, without reimbursement from Owner, for re- re-inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Construction Contractor. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) services for this Project. The T&B contractor shall be completely independent of Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.

Appears in 2 contracts

Samples: Construction Management Contract, Construction Management Contract

Tests and Inspections. 25.1 Owner, Design Professional, their respective representatives, agents and employees, 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. Construction Contractor shall provide proper, safe conditions for such access. Construction Contractor shall provide Design Professional and Owner’s BCCO Building Code Compliance Officer with timely prior written notice (at least 48 hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 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 Construction Contractor and without obtaining the written concurrence from Design Professional, such Work must, if requested by Design Professional, be uncovered for observation. Such uncovering shall be at Construction Contractor’s expense unless Construction Contractor has given Design Professional forty-eight (48) hours' written notice of Construction Contractor’s intention to cover the same and has requested written concurrence by Design Professional and Design Professional has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Design Professional, such Work must, if requested by Design Professional, be uncovered for Design Professional’s observation and be replaced at Construction Contractor’s sole expense. 25.4 Owner shall charge to Construction Contractor and may deduct from any payments due Construction Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor from Construction Contractor’s obligations to perform the Work in accordance with the Contract Documents. 25.6 Construction Contractor is responsible, without reimbursement from Owner, for re- re-inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Construction Contractor. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (T&B) services for this Project. The T&B contractor shall be completely independent of Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (HVAC) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such The final T&B report shall be delivered prior to and as a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.term

Appears in 2 contracts

Samples: Construction Management Contract, Construction Management Contract

Tests and Inspections. 25.1 Owner, Design Professional, their respective representatives, agents and employees, 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. Construction Contractor shall provide proper, safe conditions for such access. Construction Contractor shall provide Design Professional and Owner’s BCCO Uniform Building Construction Inspector with timely prior written notice (at least 48 hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 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 Construction Contractor and without obtaining the written concurrence from Design Professional, such Work must, if requested by Design Professional, be uncovered for observation. Such uncovering shall be at Construction Contractor’s expense unless Construction Contractor has given Design Professional forty-eight (48) hours’ 48 hours written notice of Construction Contractor’s intention to cover the same and has requested written concurrence by Design Professional and Design Professional has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Design Professional, such Work must, if requested by Design Professional, be uncovered for Design Professional’s observation and be replaced at Construction Contractor’s sole expense. 25.4 Owner shall charge to Construction Contractor and may deduct from any payments due Construction Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor from Construction Contractor’s obligations to perform the Work in accordance with the Contract Documents. 25.6 Construction Contractor is responsible, without reimbursement from Owner, for re- re-inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Construction Contractor. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (T&B) services for this Projectproject. The T&B contractor shall be completely independent of the Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (HVAC) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.

Appears in 2 contracts

Samples: Construction Management Contract, Construction Management Contract

Tests and Inspections. 25.1 3.6.20.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project project shall have access at all times to the Work, whether the Work is being performed on or off of the Project siteSite, for their observation, inspection and testing. Construction Contractor Manager shall provide proper, safe conditions for such access. Construction Contractor Manager shall provide Design Professional and Owner’s BCCO Owner with timely prior written notice (at least 48 forty-eight (48) hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 3.6.20.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor Manager shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 3.6.20.3 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 Construction Contractor Manager and without obtaining the written concurrence from Design ProfessionalProfessional and Owner, such Work must, if requested by Design ProfessionalProfessional or Owner, be uncovered for observation. Such uncovering shall be at Construction ContractorManager’s expense unless Construction Contractor Manager has given Design Professional forty-and Owner forty- eight (48) hours’ written notice of Construction ContractorManager’s intention to cover the same and has requested written concurrence by Design Professional and Design 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 Design ProfessionalProfessional or Owner, such Work must, if requested by Design ProfessionalProfessional or Owner, be uncovered for Design Professional’s and/or Owner’s observation and be replaced at Construction ContractorManager’s sole expense. 25.4 3.6.20.4 Owner shall charge to Construction Contractor Manager and may deduct from any payments due Construction Contractor Manager all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor Manager was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 3.6.20.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor Manager from Construction ContractorManager’s obligations to perform the Work in accordance with the Contract Documents. 25.6 3.6.20.6 Construction Contractor Manager is responsible, without reimbursement from Owner, for re- re-inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Construction ContractorManager or its subcontractors. Such re-inspection fees and costs must be paid directly by the Construction Manager to the Building Code Office. 25.7 3.6.20.7 If required to provide such services, Construction Contractor Manager shall only use a certified independent testing and balancing T&B services contractor to perform “Test and Balance” (“T&B”) T&B services for this Projecteach project. The T&B contractor shall be completely independent of Construction ContractorManager’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (“HVAC”) subcontractor(s). Construction Manager shall be responsible for coordinating HVAC work, including HVAC control systems and T&B work. 25.8 3.6.20.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project project shall be delivered by Construction Contractor Manager to Owner prior to and as a condition of achieving Architect’s Substantial Completion. Construction Contractor Manager 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. 25.9 3.6.20.9 In addition to all other inspection obligations of Construction Contractor Manager under the Contract Documents, Construction Contractor Manager shall provide coordinate with Owner’s Threshold Inspector to conduct structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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 Construction Manager shall comply with all requirements of Owner’s Threshold Inspector following the Structural Engineer’s review and approval. 3.6.20.10 Construction Materials Testing shall be performed the responsibility of Construction Manager, unless otherwise indicated by a threshold inspector, certified by the State of Florida and approved by Owner. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reportsin writing.

Appears in 1 contract

Samples: Construction Management Agreement

Tests and Inspections. 25.1 Owner, Design Professional, their respective representatives, agents and employees, 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. Construction Contractor shall provide proper, safe conditions for such access. Construction Contractor shall provide Design Professional and Owner’s BCCO Building Construction Inspector with timely prior written notice (at least 48 hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor shall assume full responsibility therefore, pay all costs in connection therewith unless otherwise agreed in writing that Owner will pay the cost directly, and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 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 Construction Contractor and without obtaining the written concurrence from Design Professional, such Work must, if requested by Design Professional, be uncovered for observation. Such uncovering shall be at Construction Contractor’s expense unless Construction Contractor has given Design Professional forty-eight (48) hours’ 48 hours written notice of Construction Contractor’s intention to cover the same and has requested written concurrence by Design Professional and Design Professional has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Design Professional, such Work must, if requested by Design Professional, be uncovered for Design Professional’s observation and be replaced at Construction Contractor’s sole expense. 25.4 Owner shall charge to Construction Contractor and may deduct from any payments due Construction Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidaysholidays observed by Owner. 25.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor from Construction Contractor’s obligations to perform the Work in accordance with the Contract Documents. 25.6 Construction Contractor is responsible, without reimbursement from Owner, for re- re-inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Construction Contractor. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (T&B) services for this Projectproject. The T&B contractor shall be completely independent of the Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (HVAC) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.

Appears in 1 contract

Samples: Construction Management Contract

Tests and Inspections. 25.1 Owner, Design Professional, their respective representatives, agents and employees, 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. Construction Contractor shall provide proper, safe conditions for such access. Construction Contractor shall provide Design Professional and Owner’s BCCO Building Code Compliance Officer with timely prior written notice (at least 48 hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 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 Construction Contractor and without obtaining the written concurrence from Design Professional, such Work must, if requested by Design Professional, be uncovered for observation. Such uncovering shall be at Construction Contractor’s expense unless Construction Contractor has given Design Professional forty-eight (48) hours' written notice of Construction Contractor’s intention to cover the same and has requested written concurrence by Design Professional and Design Professional has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Design Professional, such Work must, if requested by Design Professional, be uncovered for Design Professional’s observation and be replaced at Construction Contractor’s sole expense. 25.4 Owner shall charge to Construction Contractor and may deduct from any payments due Construction Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor from Construction Contractor’s obligations to perform the Work in accordance with the Contract Documents. 25.6 Construction 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 Construction Contractor. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) services for this Project. The T&B contractor shall be completely independent of Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.

Appears in 1 contract

Samples: Construction Management Contract

Tests and Inspections. 25.1 Owner, Design Professional, their respective representatives, agents and employees, 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. Construction Contractor Manager shall provide proper, safe conditions for such access. Construction Contractor Manager shall provide Design Professional and Owner’s BCCO with timely prior written notice (at least 48 hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor Manager shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. Cost of these inspections shall be included in Cost of Work. 25.3 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 Construction Contractor Manager and without obtaining the written concurrence from Owner or Design Professional, such Work must, if requested by Owner or Design Professional, be uncovered for observation. Such uncovering shall be at Construction ContractorManager’s expense unless Construction Contractor Manager has given Owner or Design Professional forty-eight (48) hours’ 48 hours written notice of Construction ContractorManager’s intention to cover the same and has requested written concurrence by Owner or Design Professional and Owner or Design Professional has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Owner or Design Professional, such Work must, if requested by Owner or Design Professional, be uncovered for Owner or Design Professional’s observation and be replaced at Construction ContractorManager’s sole expense. 25.4 Owner shall charge to Construction Contractor Manager and may deduct from any payments due Construction Contractor Manager all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and the Construction Contractor was on scheduleManager. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays, and Owner and Construction Manager recognize that time is of the essence for this Contract, therefore substantial overtime work is anticipated on this project. 25.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor Manager from Construction ContractorManager’s obligations to perform the Work in accordance with the Contract Documents. 25.6 Construction Contractor Manager is responsible, without reimbursement from Owner, for re- re-inspection fees and costs, ; to the extent such re-inspections are due to the fault or neglect negligence of Construction ContractorManager. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) services for this Project. The T&B contractor shall be completely independent of Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.

Appears in 1 contract

Samples: Construction Management Agreement

Tests and Inspections. 25.1 Owner, Design Professional, their respective representatives, agents 4.22.1 The Design/Builder shall be responsible for requesting and employees, scheduling all tests and governmental agencies inspections necessary to ensure the quality of the Work are in accordance with jurisdiction over the Project terms of the Contract Documents. The Design/Builder shall have access at all times permit the District and its agents, inspectors, officers, and employees access to the Work, whether Project Site and inspect the Work and such other locations where the Work is being performed on or off of the Project site, for their observation, inspection in preparation. This obligation shall include maintaining proper facilities and testing. Construction Contractor shall provide proper, safe conditions access for such accessinspection. Construction Contractor shall provide Design Professional and Owner’s BCCO with timely prior written notice (at least 48 hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 If When the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any require a portion of the Work work to be specifically inspectedtested, tested or such portion of work shall not be covered up until inspected and approved, Construction Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals The Design/Builder shall be performed in a manner solely responsible for notifying the District and by organizations acceptable to Owner the Inspector of Record where and Design Professional. 25.3 If any Work that when the work is to be inspected, tested or approved pursuant to the Contract Documents is covered without such inspection, ready for inspection and testing or approval having been satisfactorily obtained by Construction Contractor and without obtaining the written concurrence from Design Professional, such Work must, if requested by Design Professional, be uncovered for observation. Such uncovering shall be at Construction Contractor’s expense unless Construction Contractor has given Design Professional least forty-eight (48) hours’ written notice hours in advance of Construction Contractorthe 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 Design/Builder’s intention to cover quality control and assurance teams with the same and has requested written concurrence contract documents. 4.22.2 Should any work be covered without the required testing or witnessed by Design Professional and Design Professional has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Design Professionalthe District, such Work must, if requested by Design Professional, work shall be uncovered for Design Professional’s observation and be replaced at Construction Contractor’s sole the Design/Builder's expense. 25.4 Owner shall charge . Whenever the Design/Builder intends to Construction Contractor and may deduct from any payments due Construction Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime perform work unless such overtime work was expressly requested by Owner and Construction Contractor was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday Sunday, or holidaysa legal holiday, the Design/Builder shall give written notice to the District of such intention at least forty-eight (48) hours prior to performing the work, so that the District may make necessary arrangements. 25.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor from Construction Contractor’s obligations to perform 4.22.3 If the District determines that portions of the Work require additional testing or inspection that is not included in accordance the Contract Documents, the District will instruct the Design/Builder, in writing, to make arrangements for additional testing or inspection by an entity acceptable to the District, and the Design/Builder shall give forty eight (48) hours written notice to the District of where and when tests and inspections will be conducted so that the District may observe the procedures. 4.22.4 If procedures for testing, inspection or approval reveal failure of a portion(s) of the work to comply with the Contract Documents, the Design/Builder shall bear all costs and time made necessary by such failure(s) including those of repeated procedures and compensation for the District's services and expenses. The Design/Builder 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 Design/Builder from an obligation to fulfill this Contract. Project Inspector(s) and the DSA are authorized to suspend work whenever the Design/Builder 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 without liability to the District. 25.6 Construction 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 4.22.5 Required certificates of Construction Contractor. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) services for this Project. The T&B contractor shall be completely independent of Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (“HVAC”) workinspection shall, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered unless otherwise required by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant be secured by the Design/Builder, and delivered to a structural inspection plan prepared by Design Professional. The term “threshold building” as used herein shall have the meaning prescribed in the Florida Building Code. The purpose District within seven (7) days after each test. 4.22.6 Provide qualified on-site personnel to review and record daily construction activities, including subcontract activities, to determine adequacy of the structural inspection plan is to provide specific inspection requirements, procedures work and schedules so the building’s structure can be adequately inspected for compliance with the applicable Contract Documentsapproved plans and specifications. Inspection 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 shoring work in progress by corresponding schedule activity number(s), name of each subcontractor on site and reshoring for conformance with work being performed, location of each trade on the shoring Project site, total daily workforce per trade (including the Design/Builder’s work force), material deliveries and reshoring plans is also requiredquantities, equipment deliveries, potential delays and delays encountered, orders of instruction, unsatisfactory work, tests performed, safety concerns, visitors, and any other issues to document work performed and areas of concern. 4.22.7 Daily reports shall be signed by the Design/Builders’ Quality Assurance Manager and Project Manager and submitted to the Project Manager no later than 12:00 p.m. following the day work was performed. The threshold building inspection Design/Builder shall be performed by a threshold inspectorseparately provide written reports to the Project Manager of any noted deficiencies in the installed work and corrective measures taken, certified by the State and test reports of Florida and approved by Owner. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reportswork being installed.

Appears in 1 contract

Samples: Design Build Agreement

Tests and Inspections. 25.1 3.6.20.1 Owner, Design Professional, their respective representatives, agents and employeesPersonnel, 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 siteSite, for their observation, inspection and testing. Construction Contractor Manager shall provide proper, safe conditions for such access. Construction Contractor Manager shall provide Design Professional and Owner’s BCCO Owner with timely prior written notice (at least 48 forty-eight (48) hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 3.6.20.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor Manager shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional., 25.3 3.6.20.3 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 Construction Contractor Manager and without obtaining the written concurrence from Design ProfessionalProfessional and Owner, such Work must, if requested by Design ProfessionalProfessional or Owner, be uncovered for observation. Such uncovering shall be at Construction ContractorManager’s expense unless Construction Contractor Manager has given Design Professional and Owner forty-eight (48) hours’ written notice of Construction ContractorManager’s intention to cover the same and has requested written concurrence by Design Professional and Design 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 Design ProfessionalProfessional or Owner, such Work must, if requested by Design ProfessionalProfessional or Owner, be uncovered for Design Professional’s and/or Owner’s observation and be replaced at Construction ContractorManager’s sole expense. 25.4 3.6.20.4 Owner shall charge to Construction Contractor Manager and may deduct from any payments due Construction Contractor Manager all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor Manager was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 3.6.20.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor Manager from Construction ContractorManager’s obligations to perform the Work in accordance with the Contract Documents. 25.6 3.6.20.6 Construction Contractor Manager is responsible, without reimbursement from Owner, for re- re-inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Construction ContractorManager or its subcontractors. Such re-inspection fees and costs must be paid directly by the Construction Manager to the Building Code Office. 25.7 3.6.20.7 If required, Construction Contractor Manager shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) services contractor to perform T&B services for this Project. The T&B contractor shall be completely independent of Construction ContractorManager’s mechanical and ventilating subcontractor(s). Construction Contractor Manager shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work. 25.8 3.6.20.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor Manager to Owner prior to and as a condition of achieving Architect’s Substantial Completion. Construction Contractor Manager shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment.T&B 25.9 3.6.20.9 In addition to all other inspection obligations of Construction Contractor Manager under the Contract Documents, Construction Contractor Manager shall provide coordinate with Owner’s Threshold Inspector to conduct structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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 Construction Manager shall be performed by a threshold inspector, certified by comply with all requirements of Owner’s Threshold Inspector following the State of Florida Structural Engineer’s review and approved by Owner. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reportsapproval.

Appears in 1 contract

Samples: Construction Management Agreement

Tests and Inspections. 25.1 Owner, Design Professional, their respective representatives, agents and employees, 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 inspection, and testing. Construction Contractor Manager shall provide proper, safe conditions for such access. Construction Contractor Manager shall provide Design Professional and Owner’s BCCO Uniform Building Construction Inspector with timely prior written notice (at least 48 hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor Manager shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 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 Construction Contractor Manager and without obtaining the written concurrence from Design Professional, such Work must, if requested by Design Professional, be uncovered for observation. Such uncovering shall be at Construction ContractorManager’s expense unless Construction Contractor Manager has given Design Professional forty-eight (48) hours’ 48 hours written notice of Construction ContractorManager’s intention to cover the same and has requested written concurrence by Design Professional and Design Professional has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Design Professional, such Work must, if requested by Design Professional, be uncovered for Design Professional’s observation and be replaced at Construction ContractorManager’s sole expense. 25.4 Owner shall charge to Construction Contractor Manager and may deduct from any payments due Construction Contractor Manager all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor Manager was on scheduleschedule or if work schedule was previously agreed upon. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor Manager from Construction ContractorManager’s obligations to perform the Work in accordance with the Contract Documents. 25.6 Construction Contractor Manager 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 Construction ContractorManager. 25.7 Construction Contractor Manager shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (T&B) services for this Projectproject. The T&B contractor shall be completely independent of the Construction ContractorManager’s mechanical and ventilating subcontractor(s). Construction Contractor Manager shall be responsible for coordinating mechanical/ventilating (HVAC) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.

Appears in 1 contract

Samples: Construction Manager at Risk Contract

Tests and Inspections. 25.1 22.1 Owner, Design Professional, their respective representatives, agents and employees, 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. Construction Contractor shall provide proper, safe conditions for such access. Construction Contractor shall provide Design Professional and Professional, Owner’s BCCO 's Uniform Building Construction Inspector or any other entity with responsibility for inspection of the work with timely prior written notice (at least 48 hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 22.3 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 Construction Contractor and without obtaining the written concurrence from Design ProfessionalProfessional or other applicable entity with responsibility for inspection of the work, such Work must, if requested by Design ProfessionalProfessional or inspection entity, be uncovered for observation. Such uncovering shall be at Construction Contractor’s 's expense unless Construction Contractor has given Design Professional forty-eight (48) hours’ and the applicable inspection entity 48 hour's written notice of Construction Contractor’s 's intention to cover the same and has requested written concurrence by Design Professional and the inspection entity and Design Professional or the inspection entity has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Design ProfessionalProfessional or the inspection entity, such Work must, if requested by Design ProfessionalProfessional or the inspection entity, be uncovered for Design Professional’s 's or the inspection entities observation and be replaced at Construction Contractor’s 's sole expense. 25.4 22.4 Owner shall charge to Construction Contractor and may deduct from any payments due Construction Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor was on schedule. Such overtime work consisting consists of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 22.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor from Construction Contractor’s 's obligations to perform the Work in accordance with the Contract Documents. 25.6 22.6 Construction Contractor is responsible, without reimbursement from Owner, for re- re-inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Construction Contractor. 25.7 22.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform "Test and Balance" (T&B) services as they may be required for this Projectproject. The T&B contractor shall be completely independent of the Construction Contractor’s 's mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (HVAC) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.

Appears in 1 contract

Samples: Construction Contract

Tests and Inspections. 25.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project ‌ A. CONTRACTOR 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. Construction Contractor shall provide proper, safe conditions for such access. Construction Contractor shall provide Design Professional and Owner’s BCCO with give CITY REP timely prior written notice (at least 48 a minimum, twenty-four hours) notice of the readiness of the Work for all required inspections, tests or approvals. CONTRACTOR shall give timely notice to CITY REP in advance of backfilling or otherwise covering any part of the Work so that CITY REP may, if desired, observe such part of the Work before it is concealed. Whenever CONTRACTOR varies the normal period during which Work or any portion of it is carried on each day, CONTRACTOR shall give timely notice to CITY REP so that CITY REP may, if desired, be present to observe the Work in progress. If CONTRACTOR fails to give such timely notice, any Work done in the absence of CITY REP will be subject to rejection. If CONTRACTOR gives such notice to CITY REP, but then is not ready for such inspections, tests, approvals or observations at the time so noticed, CONTRACTOR shall reimburse CITY for all costs incurred by the attendance of CITY REP or other CITY representatives. 25.2 B. If the Contract Documents any law, ordinance, rule, regulation, code, or any codes, laws, ordinances, rules or regulations orders of any public authority body having jurisdiction over the Project requires any portion of the Work (or part thereof) to be specifically inspected, tested or approved, Construction Contractor CONTRACTOR (unless another party is specified in the Contract Documents) shall assume full responsibility thereforetherefor, pay all costs in connection therewith and furnish Design Professional CITY REP the required certificates of inspection, testing testing, or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required by the Specifications in connection with CITY'S acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation in the Work. The cost of all other inspections, tests and approvals required by the Contract Documents shall be paid by CITY (unless otherwise specified). C. All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed in a manner and by organizations acceptable to Owner CITY and Design Professionalby the Project Designer if so specified. 25.3 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 Construction Contractor and without obtaining the written concurrence from Design Professional, such Work must, if requested by Design Professional, be uncovered for observation. Such uncovering shall be at Construction Contractor’s expense unless Construction Contractor has given Design Professional forty-eight (48) hours’ written notice of Construction Contractor’s intention to cover the same and has requested written concurrence by Design Professional and Design Professional has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Design Professional, such Work must, if requested by Design Professional, be uncovered for Design Professional’s observation and be replaced at Construction Contractor’s sole expense. 25.4 Owner shall charge to Construction Contractor and may deduct from any payments due Construction Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 D. Neither observations by Design Professional or OwnerCITY REP, the Project Designer nor inspections, tests or approvals by others shall relieve Construction Contractor CONTRACTOR from Construction Contractor’s their obligations to perform the Work in accordance with the Contract Documents. 25.6 Construction 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 Construction Contractor. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) services for this Project. The T&B contractor shall be completely independent of Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.

Appears in 1 contract

Samples: Construction Contract

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Tests and Inspections. 25.1 3.6.20.1 Owner, Design Professional, their respective representatives, agents and employees, 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 siteSite, for their observation, inspection and testing. Construction Contractor Manager shall provide proper, safe conditions for such access. Construction Contractor Manager shall provide Design Professional and Owner’s BCCO Owner with timely prior written notice (at least 48 forty-eight (48) hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 3.6.20.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor Manager shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 3.6.20.3 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 Construction Contractor Manager and without obtaining the written concurrence from Design ProfessionalProfessional and Owner, such Work must, if requested by Design ProfessionalProfessional or Owner, be uncovered for observation. Such uncovering shall be at Construction ContractorManager’s expense unless Construction Contractor Manager has given Design Professional and Owner forty-eight (48) hours’ written notice of Construction ContractorManager’s intention to cover the same and has requested written concurrence by Design Professional and Design 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 Design ProfessionalProfessional or Owner, such Work must, if requested by Design ProfessionalProfessional or Owner, be uncovered for Design Professional’s and/or Owner’s observation and be replaced at Construction ContractorManager’s sole expense. 25.4 3.6.20.4 Owner shall charge to Construction Contractor Manager and may deduct from any payments due Construction Contractor Manager all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor Manager was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 3.6.20.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor Manager from Construction ContractorManager’s obligations to perform the Work in accordance with the Contract Documents. 25.6 3.6.20.6 Construction Contractor Manager is responsible, without reimbursement from Owner, for re- re-inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Construction ContractorManager or its subcontractors. 25.7 3.6.20.7 Construction Contractor Manager shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) services for this Project. The T&B contractor shall be completely independent of Construction ContractorManager’s mechanical and ventilating subcontractor(s). Construction Contractor Manager shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work. 25.8 3.6.20.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor Manager to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor Manager shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 3.6.20.9 In addition to all other inspection obligations of Construction Contractor Manager under the Contract Documents, Construction Contractor Manager shall provide coordinate with Owner’s Threshold Inspector to conduct structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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 Construction Manager shall comply with all requirements of Owner’s Threshold Inspector following the Structural Engineer’s review and approval. 3.6.20.10 Construction Materials Testing shall be performed the responsibility of Construction Manager, unless otherwise indicated by a threshold inspector, certified by the State of Florida and approved by Owner. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reportsin writing.

Appears in 1 contract

Samples: Construction Management Services Agreement

Tests and Inspections. 25.1 Owner24.1 OWNER, Design ProfessionalDESIGN PROFESSIONAL, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall must 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. Construction Contractor shall CONTRACTOR must provide proper, safe conditions for such access. Construction Contractor shall CONTRACTOR must provide Design Professional DESIGN PROFESSIONAL and Owner’s BCCO OWNER with timely prior written notice (at least 48 one week, unless such notice is made impossible by conditions beyond CONTRACTOR’S fault and control, in which case at least forty- eight (48) hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 . CONTRACTOR must provide public authorities having jurisdiction at least 24 hours notice of the readiness of any Work requiring inspections, tests or approvals unless noted otherwise in the public authorities’ inspection requirements. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor shall CONTRACTOR must assume full responsibility thereforetherefor, pay all costs in connection therewith and furnish Design Professional DESIGN PROFESSIONAL the required certificates of inspection, testing or approval. All inspections, tests or approvals shall must be performed in a manner and by organizations acceptable to Owner OWNER and Design ProfessionalDESIGN PROFESSIONAL. 25.3 24.2 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 Construction Contractor CONTRACTOR and without obtaining the written concurrence from Design ProfessionalDESIGN PROFESSIONAL, and the public authority having jurisdiction, such Work must, if requested by Design ProfessionalDESIGN PROFESSIONAL and the public authority having jurisdiction, or OWNER, be uncovered for observation. Such uncovering shall must be at Construction Contractor’s CONTRACTOR'S expense unless Construction Contractor CONTRACTOR has given Design Professional forty-eight (48) hours’ DESIGN PROFESSIONAL and the public authority having jurisdiction, at least 48 hours written notice of Construction Contractor’s CONTRACTOR'S intention to cover the same and has requested written concurrence by Design Professional DESIGN PROFESSIONAL and Design Professional the public authority having jurisdiction, and DESIGN PROFESSIONAL and the public authority having jurisdiction, has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Design ProfessionalOWNER and the public authority having jurisdiction, or DESIGN PROFESSIONAL, such Work must, if requested by Design ProfessionalOWNER and the public authority having jurisdiction, or DESIGN PROFESSIONAL, be uncovered for Design Professional’s OWNER’S and the public authority having jurisdiction, and DESIGN PROFESSIONAL’S observation and be replaced at Construction Contractor’s CONTRACTOR'S sole expense. 25.4 Owner shall 24.3 OWNER must charge to Construction Contractor CONTRACTOR and may deduct from any payments due Construction Contractor CONTRACTOR all engineering and increased costs, including inspection expenses expenses, incurred by Owner OWNER in connection with any overtime work performed by CONTRACTOR unless such overtime work was expressly requested by Owner OWNER and Construction Contractor CONTRACTOR was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 24.4 Neither observations by Design Professional OWNER or OwnerDESIGN PROFESSIONAL, nor inspections, tests or approvals by others shall must relieve Construction Contractor CONTRACTOR from Construction Contractor’s CONTRACTOR'S obligations to perform the Work in accordance with the Contract Documents. 25.6 Construction Contractor 24.5 The OWNER will employ the services of an independent testing and balancing services CONTRACTOR to perform “Test and Balance” (T&B) Services on mechanically related systems of this project, unless otherwise noted in the Contract Documents. The CONTRACTOR must cooperate and coordinate fully with said service CONTRACTOR and must promptly correct any noted deficiencies and/or deviations for the Contract Documents in the T&B CONTRACTOR’S report. 24.6 The OWNER will employ the services of an independent materials and soils testing agent to perform testing on the various materials utilized in the project to ensure compliance of the materials and Work performed with the Contract Documents and/or codes, laws, rules, or lawful orders of a public authority having jurisdiction, unless otherwise noted in the Contract Documents. The CONTRACTOR must cooperate and coordinate fully with said agent and must promptly correct any noted deficiencies and/or deviations from the Contract Documents and/or codes, laws, rules, or lawful orders of a public authority having jurisdiction, that may be noted in said agent’s inspection reports. The CONTRACTOR must be responsible for notifying the testing agent not less than 24 hours in advance of when a material requiring inspection by the DESIGN PROFESSIONAL, OWNER, public authority having jurisdiction, and/or Contract Documents is ready or expected to be ready for testing and/or inspection. 24.7 The OWNER may employ the services of an independent Threshold Inspector as may be required in the Contract Documents or where the project or elements of the project meets the definitions of a “Threshold Building" as prescribed in the Florida Building Code. The Threshold Inspector must inspect all elements of the structure including shoring and reshoring for compliance with the Contract Documents, the Florida Building Code, and any other governing code, law, rule, or regulation. The CONTRACTOR must cooperate and coordinate fully with the Threshold Inspector and must promptly correct any noted deficiencies and/or deviations from the Contract Documents, Florida Building Code, and/or any other governing code, law, rule, or regulation. The CONTRACTOR must be responsible for notifying the Threshold Inspector not less than 24 hours in advance of when a portion of the Work is ready or expected to be ready for a threshold inspection, unless otherwise noted in the Contract Documents. 24.8 CONTRACTOR is responsible, without reimbursement from OwnerOWNER, for re- any and all re-inspection fees and costs, to the extent such re-re- inspections are due to the fault or neglect of Construction ContractorCONTRACTOR. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) services for this Project. The T&B contractor shall be completely independent of Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.

Appears in 1 contract

Samples: Construction Management Agreement

Tests and Inspections. 25.1 Owner22.1 City, Design ProfessionalEngineer or City’s designee, their respective representatives, agents and employees, 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. Construction Contractor shall provide proper, safe conditions for such access. Construction Contractor shall provide Design Professional and OwnerEngineer or City’s BCCO designee with timely prior written notice (at least 48 hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional Engineer or City’s designee the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner the Engineer or City’s designee and Design ProfessionalCity. 25.3 22.3 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 Construction Contractor and without obtaining the written concurrence from Design Professionalthe Engineer or City’s designee, such Work must, if requested by Design ProfessionalEngineer or City’s designee, be uncovered for observation. Such uncovering shall be at Construction Contractor’s expense unless Construction Contractor has given Design Professional forty-eight (48) hours’ written Engineer or City’s designee timely notice of Construction Contractor’s intention to cover the same and has requested written concurrence by Design Professional and Design Professional Engineer or City’s designee has not acted with reasonable promptness to respond to such notice and requestnotice. If any Work is covered contrary to written directions from Design ProfessionalEngineer or City’s designee, such Work must, if requested by Design ProfessionalEngineer or City’s designee, be uncovered for Design ProfessionalEngineer’s or City’s designee’s observation and be replaced at Construction Contractor’s sole expense. 25.4 Owner 22.4 The City shall charge to Construction Contractor and may deduct from any payments due Construction Contractor all engineering and inspection expenses incurred by Owner City in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor was on schedulework. Such overtime work consisting of any work Work performed during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 22.5 Neither observations by Design Professional the Engineer or OwnerCity’s designee or City, nor inspections, tests or approvals by others others, shall relieve Construction Contractor from Construction Contractor’s obligations to perform the Work in accordance with the Contract Documents. 25.6 Construction 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 Construction Contractor. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) services for this Project. The T&B contractor shall be completely independent of Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.

Appears in 1 contract

Samples: Contractor Agreement

Tests and Inspections. 25.1 3.6.20.1 Owner, Design Professional, their respective representatives, agents and employeesPersonnel, 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 siteSite, for their observation, inspection and testing. Construction Contractor Manager shall provide proper, safe conditions for such access. Construction Contractor Manager shall provide Design Professional and Owner’s BCCO Owner with timely prior written notice (at least 48 forty-eight (48) hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 3.6.20.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor Manager shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 3.6.20.3 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 Construction Contractor Manager and without obtaining the written concurrence from Design ProfessionalProfessional and Owner, such Work must, if requested by Design ProfessionalProfessional or Owner, be uncovered for observation. Such uncovering shall be at Construction ContractorManager’s expense unless Construction Contractor Manager has given Design Professional and Owner forty-eight (48) hours’ written notice of Construction ContractorManager’s intention to cover the same and has requested written concurrence by Design Professional and Design 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 Design ProfessionalProfessional or Owner, such Work must, if requested by Design ProfessionalProfessional or Owner, be uncovered for Design Professional’s and/or Owner’s observation and be replaced at Construction ContractorManager’s sole expense. 25.4 3.6.20.4 Owner shall charge to Construction Contractor Manager and may deduct from any payments due Construction Contractor Manager all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor Manager was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 3.6.20.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor Manager from Construction ContractorManager’s obligations to perform the Work in accordance with the Contract Documents. 25.6 3.6.20.6 Construction Contractor Manager is responsible, without reimbursement from Owner, for re- re-inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Construction ContractorManager or its subcontractors. Such re-inspection fees and costs must be paid directly by the Construction Manager to the Building Code Office. 25.7 3.6.20.7 If required, Construction Contractor Manager shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) services contractor to perform T&B services for this Project. The T&B contractor shall be completely independent of Construction ContractorManager’s mechanical and ventilating subcontractor(s). Construction Contractor Manager shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work. 25.8 3.6.20.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor Manager to Owner prior to and as a condition of achieving Architect’s Substantial Completion. Construction Contractor Manager 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. 25.9 3.6.20.9 In addition to all other inspection obligations of Construction Contractor Manager under the Contract Documents, Construction Contractor Manager shall provide coordinate with Owner’s Threshold Inspector to conduct structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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 Construction Manager shall comply with all requirements of Owner’s Threshold Inspector following the Structural Engineer’s review and approval. 3.6.20.10 Construction Materials Testing shall be performed the responsibility of Construction Manager, unless otherwise indicated by a threshold inspector, certified by the State of Florida and approved by Owner. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reportsin writing.

Appears in 1 contract

Samples: Construction Management Agreement

Tests and Inspections. 25.1 3.6.20.1 Owner, Design Professional, their respective representatives, agents and employeespersonnel, 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 siteSite, for their observation, inspection and testing. Construction Contractor Manager shall provide proper, safe conditions for such access. Construction Contractor Manager shall provide Design Professional and Owner’s BCCO Owner with timely prior written notice (at least 48 forty-eight (48) hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 3.6.20.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor Manager shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 3.6.20.3 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 Construction Contractor Manager and without obtaining the written concurrence from Design ProfessionalProfessional and Owner, such Work must, if requested by Design ProfessionalProfessional or Owner, be uncovered for observation. Such uncovering shall be at Construction ContractorManager’s expense unless Construction Contractor Manager has given Design Professional and Owner forty-eight (48) hours’ written notice of Construction ContractorManager’s intention to cover the same and has requested written concurrence by Design Professional and Design 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 Design ProfessionalProfessional or Owner, such Work must, if requested by Design ProfessionalProfessional or Owner, be uncovered for Design Professional’s and/or Owner’s observation and be replaced at Construction ContractorManager’s sole expense. 25.4 3.6.20.4 Owner shall charge to Construction Contractor Manager and may deduct from any payments due Construction Contractor Manager all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor Manager was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 3.6.20.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor Manager from Construction ContractorManager’s obligations to perform the Work in accordance with the Contract Documents. 25.6 3.6.20.6 Construction Contractor Manager is responsible, without reimbursement from Owner, for re- re-inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Construction ContractorManager or its subcontractors. 25.7 3.6.20.7 If required, Construction Contractor Manager shall only use a certified independent testing and balancing services contractor to perform “Test and BalanceT&B(“T&B”) services for this Project. The T&B contractor shall be completely independent of Construction ContractorManager’s mechanical and ventilating subcontractor(s). Construction Contractor Manager shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work. 25.8 3.6.20.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor Manager to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor Manager shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 3.6.20.9 In addition to all other inspection obligations of Construction Contractor Manager under the Contract Documents, Construction Contractor Manager shall provide coordinate with Owner’s Threshold Inspector to conduct structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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 Construction Manager shall comply with all requirements of Owner’s Threshold Inspector following the Structural Engineer’s review and approval. 3.6.20.10 Construction Materials Testing shall be performed the responsibility of Construction Manager, unless otherwise indicated by a threshold inspector, certified by the State of Florida and approved by Owner. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reportsin writing.

Appears in 1 contract

Samples: Construction Management Agreement

Tests and Inspections. 25.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the each 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. Construction Contractor shall provide proper, safe conditions for such access. Construction Contractor shall provide Design Professional and Owner’s BCCO Uniform Building Construction Inspector with timely prior written notice (at least 48 hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the any Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 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 Construction Contractor and without obtaining the written concurrence from Design Professional, such Work must, if requested by Design ProfessionalProfessional or Owner, be uncovered for observation. Such uncovering shall be at Construction Contractor’s expense unless Construction Contractor has given Design Professional forty-eight (48) hours’ at least 48 hours written notice of Construction Contractor’s intention to cover the same and has requested written concurrence by Design Professional and Design Professional has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Owner or Design Professional, such Work must, if requested by Owner or Design Professional, be uncovered for Owner’s and Design Professional’s observation and be replaced at Construction Contractor’s sole expense. 25.4 Owner shall charge to Construction Contractor and may deduct from any payments due Construction Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work previously was agreed upon as part of the subject Work Authorization or was expressly requested by Owner and Construction Contractor was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor from Construction Contractor’s obligations to perform the Work in accordance with the Contract Documents. 25.6 Construction Contractor is responsible, without reimbursement from Owner, for re- re-inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Construction Contractor. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (T&B) services for this Projectproject. The T&B contractor shall be completely independent of the Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (HVAC) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.

Appears in 1 contract

Samples: Construction Management Services Agreement

Tests and Inspections. 25.1 Owner, Design Professional, their respective representatives, agents and employees, 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. Construction 4.4.12.1 Contractor shall provide proper, safe conditions for such access. Construction Contractor shall provide Design Professional and Owner’s BCCO with must give City timely prior written notice (at least 48 a minimum, twenty-four hours) notice of the readiness of the Work for all required inspections, tests or approvals. Contractor must give timely notice to City in advance of backfilling or otherwise covering any part of the Work so that city representative may, if desired, observe such part of the Work before it is concealed. Whenever Contractor varies the normal period during which Work or any portion of it is carried on each Day, Contractor must give timely notice to City so that city representative may, if desired, be present to observe the Work in progress. If Contractor fails to give such timely notice, any Work done in the absence of city representative will be subject to rejection. If Contractor gives such notice to City, but then is not ready for such inspections, tests, approvals or observations at the time so noticed, Contractor must reimburse City for all costs incurred by the attendance of city representatives. 25.2 4.4.12.2 If the Contract Documents any law, ordinance, rule, regulation, code, or any codes, laws, ordinances, rules or regulations orders of any public authority body having jurisdiction over the Project requires any portion of the Work (or part thereof) to be specifically inspected, tested or approved, Construction Contractor shall (unless another party is specified in the Agreement Documents) must assume full responsibility thereforetherefor, pay all costs in connection therewith and furnish Design Professional City the required certificates of inspection, testing testing, or approval. Contractor must also be responsible for and must pay all costs in connection with any inspection or testing required by the Specifications in connection with City's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. The cost of all other inspections, tests and approvals required by the Agreement Documents will be paid by City (unless otherwise specified). 4.4.12.3 All inspections, tests or approvals shall other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction must be performed in a manner and by organizations acceptable to Owner City and by the Design ProfessionalProfessional if so specified. 25.3 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 Construction Contractor and without obtaining the written concurrence from Design Professional, such Work must, if requested by Design Professional, be uncovered for observation. Such uncovering shall be at Construction Contractor’s expense unless Construction Contractor has given Design Professional forty-eight (48) hours’ written notice of Construction Contractor’s intention to cover the same and has requested written concurrence by Design Professional and Design Professional has not acted with reasonable promptness to respond to such notice and request. If any Work is covered contrary to written directions from Design Professional, such Work must, if requested by Design Professional, be uncovered for Design Professional’s observation and be replaced at Construction Contractor’s sole expense. 25.4 Owner shall charge to Construction Contractor and may deduct from any payments due Construction Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 4.4.12.4 Neither observations by City, the Design Professional or Owner, nor inspections, tests or approvals by others shall will relieve Construction Contractor from Construction Contractor’s their obligations to perform the Work in accordance with the Contract Agreement Documents. 25.6 Construction 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 Construction Contractor. 25.7 Construction Contractor shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) services for this Project. The T&B contractor shall be completely independent of Construction Contractor’s mechanical and ventilating subcontractor(s). Construction Contractor shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work. 25.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment. 25.9 In addition to all other inspection obligations of Construction Contractor under the Contract Documents, Construction Contractor shall provide structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reports.

Appears in 1 contract

Samples: Construction Agreement

Tests and Inspections. 25.1 3.6.20.1 Owner, Design Professional, their respective representatives, agents and employeesPersonnel, 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 siteSite, for their observation, inspection and testing. Construction Contractor Manager shall provide proper, safe conditions for such access. Construction Contractor Manager shall provide Design Professional and Owner’s BCCO Owner with timely prior written notice (at least 48 forty-eight (48) hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 3.6.20.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor Manager shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 3.6.20.3 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 Construction Contractor Manager and without obtaining the written concurrence from Design ProfessionalProfessional and Owner, such Work must, if requested by Design ProfessionalProfessional or Owner, be uncovered for observation. Such uncovering shall be at Construction ContractorManager’s expense unless Construction Contractor Manager has given Design Professional and Owner forty-eight (48) hours’ written notice of Construction ContractorManager’s intention to cover the same and has requested written concurrence by Design Professional and Design 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 Design ProfessionalProfessional or Owner, such Work must, if requested by Design ProfessionalProfessional or Owner, be uncovered for Design Professional’s and/or Owner’s observation and be replaced at Construction ContractorManager’s sole expense. 25.4 3.6.20.4 Owner shall charge to Construction Contractor Manager and may deduct from any payments due Construction Contractor Manager all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor Manager was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 3.6.20.5 Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor Manager from Construction ContractorManager’s obligations to perform the Work in accordance with the Contract Documents. 25.6 3.6.20.6 Construction Contractor Manager is responsible, without reimbursement from Owner, for re- re-inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Construction ContractorManager or its subcontractors. Such re-inspection fees and costs must be paid directly by the Construction Manager to the Building Code Office. 25.7 3.6.20.7 If required, Construction Contractor Manager shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) services contractor to perform T&B services for this Project. The T&B contractor shall be completely independent of Construction ContractorManager’s mechanical and ventilating subcontractor(s). Construction Contractor Manager shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work. 25.8 3.6.20.8 A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project shall be delivered by Construction Contractor Manager to Owner prior to and as a condition of achieving Substantial Completion. Construction Contractor shall deliver to Owner the final T&B report within thirty (30) days after the date of Substantial Completion and the delivery of such final T&B report shall be a condition of final payment.Architect’s 25.9 3.6.20.9 In addition to all other inspection obligations of Construction Contractor Manager under the Contract Documents, Construction Contractor Manager shall provide coordinate with Owner’s Threshold Inspector to conduct structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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 Construction Manager shall be performed by a threshold inspector, certified by comply with all requirements of Owner’s Threshold Inspector following the State of Florida Structural Engineer’s review and approved by Owner. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reportsapproval.

Appears in 1 contract

Samples: Construction Management Agreement

Tests and Inspections. 25.1 a) Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project project shall have access at all times to the Work, whether the Work is being performed on or off of the Project siteSite, for their observation, inspection and testing. Construction Contractor Manager shall provide proper, safe conditions for such access. Construction Contractor Manager shall provide Design Professional and Owner’s BCCO Owner with timely prior written notice (at least 48 forty-eight (48) hours) of the readiness of the Work for all required inspections, tests or approvals. 25.2 b) If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project project requires any portion of the Work to be specifically inspected, tested or approved, Construction Contractor Manager shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to Owner and Design Professional. 25.3 c) 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 Construction Contractor Manager and without obtaining the written concurrence from Design ProfessionalProfessional and Owner, such Work must, if requested by Design ProfessionalProfessional or Owner, be uncovered for observation. Such uncovering shall be at Construction ContractorManager’s expense unless Construction Contractor Manager has given Design Professional and Owner forty-eight (48) hours’ written notice of Construction ContractorManager’s intention to cover the same and has requested written concurrence by Design Professional and Design 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 Design ProfessionalProfessional or Owner, such Work must, if requested by Design ProfessionalProfessional or Owner, be uncovered for Design Professional’s and/or Owner’s observation and be replaced at Construction ContractorManager’s sole expense. 25.4 d) Owner shall charge to Construction Contractor Manager and may deduct from any payments due Construction Contractor Manager all engineering and inspection expenses incurred by Owner in connection with any overtime work unless such overtime work was expressly requested by Owner and Construction Contractor Manager was on schedule. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 25.5 e) Neither observations by Design Professional or Owner, nor inspections, tests or approvals by others shall relieve Construction Contractor Manager from Construction ContractorManager’s obligations to perform the Work in accordance with the Contract Documents. 25.6 f) Construction Contractor Manager is responsible, without reimbursement from Owner, for re- re-inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Construction ContractorManager or its subcontractors. Such re- inspection fees and costs must be paid directly by the Construction Manager to the Building Code Office. 25.7 g) If required to provide such services, Construction Contractor Manager shall only use a certified independent testing and balancing services contractor to perform “Test and Balance” (“T&B”) T&B services for this Projecteach project. The T&B contractor shall be completely independent of Construction ContractorManager’s mechanical and ventilating subcontractor(s). Construction Contractor Manager shall be responsible for coordinating mechanical/ventilating (“HVAC”) work, including HVAC control systems and T&B work. 25.8 h) A completed preliminary T&B report meeting the requirements of the governmental authority(ies) having jurisdiction over the Project project shall be delivered by Construction Contractor Manager to Owner prior to and as a condition of achieving Architect’s Substantial Completion. Construction Contractor Manager 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. 25.9 i) In addition to all other inspection obligations of Construction Contractor Manager under the Contract Documents, Construction Contractor Manager shall provide coordinate with Owner’s Threshold Inspector to conduct structural inspections on threshold buildings pursuant to a structural inspection plan prepared by Design 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 Construction Manager shall be performed by a threshold inspector, certified by comply with all requirements of Owner’s Threshold Inspector following the State of Florida Structural Engineer’s review and approved by Owner. Construction Contractor shall promptly provide to Owner and Design Professional copies of all threshold building inspection reportsapproval.

Appears in 1 contract

Samples: Construction Management Agreement

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