Laserfiche WebLink
W <br /> WASTE MANAGEMENT <br /> 13.5.1 Contractor shall give Owner and Owner's Design Professional, if any, timely notice of the time <br /> and place where tests and inspections are to be made and shall cooperate with inspection and <br /> testing personnel to facilitate required inspections or tests. <br /> 13.5.2 Owner will employ and pay for the services of an independent testing laboratory to perform <br /> inspections or tests required by the Contract Documents except: <br /> .1 Inspections or tests specifically required to be performed by Contractor under Applicable <br /> Laws or by the Contract Documents; or <br /> .2 Contractor costs incurred in connection with tests or inspections to be performed by Owner. <br /> 13.5.3 Contractor shall be responsible for and shall pay all costs in connection with any inspection or <br /> testing required in connection with Owner acceptance of a supplier of materials or equipment <br /> proposed to be incorporated in the Work, or of materials, mix designs, or equipment submitted <br /> for approval prior to Contractor's purchase thereof for incorporation in the Work. <br /> 13.5.4 Owner may, at any time, order any test or inspection, without regard to whether such test or <br /> inspection is required by the Contract Documents or regard to whether such test or inspection <br /> requires the uncovering of completed Work. If such test of inspection reveals any Defective Work, <br /> Contractor shall reimburse Owner the cost of the test or inspection, correct the Defective Work, <br /> and restore any other Work damaged by such test or inspection. If such test of inspection does <br /> not reveal any Defective Work, Owner shall pay the cost of the test or inspection and reimburse <br /> Contractor the cost to restore any Work damaged by such test or inspection by Change Order. <br /> 13.5.5 Neither observations by Owner or Owner's Design Professional nor inspections, tests, or <br /> approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in <br /> accordance with Contract Documents. <br /> 13.6 Interest. No interest will accrue on late payments by Owner during the pendency of any dispute between <br /> Owner and Contractor regarding payments due. In the event any dispute between the Parties is resolved by <br /> litigation, the Parties agree that the maximum rate of pre-judgment interest that may be included in any judgment <br /> is three percent (3%) simple interest, without compounding, commencing ninety (90) Days after payment should <br /> have been made. <br /> 13.7 Agreement Amendments. Subject to the right of the Owner to direct Changes by the issuance of <br /> Amendments,the Agreement may be modified or amended only by a written instrument executed by an authorized <br /> representative of Owner and Contractor, and no purported oral modification or amendment shall be valid or <br /> effective. Contractor waives any right to recover any amount on account of any Changes not authorized in writing <br /> by Owner. <br /> 13.8 Each party warrants to the other that it has full power, authority and right to enter into and perform this <br /> Agreement. <br /> 13.9 Minority/Women/Veteran-Owned Firms. Owner and Contractor shall support the utilization of minority, <br /> woman and veteran owned businesses in the performance of this Agreement, including firms certified as a DBE. <br /> 13.10 Audit and Inspection. Contractor shall maintain records of all contracts, papers, correspondence, <br /> employee time sheets or ledgers, books, accounts and other information related to payments made and <br /> Contractor's performance under this Agreement. Upon reasonable advance notice to Contractor, Owner shall <br /> have the right to audit and inspect, at Contractor's place(s)of business and during normal business hours, during <br /> the term of this Agreement and for one (1) year after the termination of this Agreement or completion and <br /> acceptance of the Work, books and records pertinent to Contractor's performance of its obligations under this <br /> Agreement, and Contractor agrees to cooperate with respect to any such audit, provided, however,that Contractor <br /> may redact any portion of such books and records containing third party confidential information. <br /> ARTICLE 14 <br /> Termination or Suspension of the Agreement <br /> 14.1 Termination by Owner for Cause <br /> 38 Jun-17 <br /> Ver.2.0 <br />