04-B Asbestos Abatement Bid - Laserfiche WebLink

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ERI Consulting, Inc. may require special inspection, testing or approval of material or work o~ compliance with the requirements of the Contract Documents. Upon Owner- authorized direction of the Engineer/Project Manager, the Contractor shall promptly arrange for such special testing, inspection or approval procedure. Should the material or work fail to comply with the requirements of the Contract Documents, the Contractor shall bear all costs of the testing, inspection or approval as well as the cost of replacement of unsatisfactory material or work as provided by paragraph 5.11; otherwise, the Owner shall bear such costs and an appropriate change order shall be issued. The costs of routine testing shall be borne by the Owner, but the Contractor shall be responsible for the cost of material tested. When directed by the Owner, material compliance with the specifications shall be made by one of the following: 5.10.1 Manufacturer's certificate of compliance. 5.10.2 Mill certificate. 5.10.3 Testing laboratory certification. 5.10.4 Report of actual laboratory test from the Owner's laboratory, or from a laboratory satisfactory to the Owner. Samples tested shall be selected by or in presence of the Owner and the method of testing shall comply with the professional societies' standard specifications. 5.11 REMOVAL OF DEFECTIVE WORK: If any materials furnished under this Contract are condemned by the Owner and/or Engineer/Project Manager, the Contractor shall, after having received notice from the Owner and/or Engineer/Project Manager to that effect, proceed to remove from the grounds or buildings all condemned materials, whether worked or unworked, and to take down all portions of the Work which the Owner and/or Engineer/Project Manager shall by written notice condemn as unsound or improper or as in any way failing to conform to the Drawings and Specifications, and shall make good all work damaged or destroyed thereby. 5.12 ROYALTIES AND PATENTS: The Contractor shall pay all royalties ~-nd license fees, and defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for all such royalties and license fees and loss when a particular design or process, or the product of a particular manufacturer or manufacturers is specified; provided, however, if the Contractor has reason to believe the design, process or product specified constitutes an infringement of a patent, he shall be responsible for such 4/11/03 11