TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE

WORK 12.1 Notice of Defects 74 UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 12.1.1. Prompt notice of all defective Work of which Owner, Owner's Representative and Architect/Engineer has actual knowledge will be given to Contractor. If no notice is promptly given to Contractor of previously known defective Work, it shall be deemed acceptable to Owner. 12.1.2. All defective Work may be rejected, corrected, or accepted as provided in this Article. 12.2 Access to Work 12.2.1. Owner, Owner's Representative, Architect/Engineer, Architect/Engineer's Consultant, other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Said access shall be previously coordinated with Contractor. 12.2.1.1. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 12.3 Tests and Inspections 12.3.1. Inspection of Materials 12.3.1.1. Unless otherwise specified in the Contract Documents, all materials are subject to inspection, sampling, testing, retesting and rejection by the Owner's Representative as provided in the specifications and prior to acceptance of the Work. 12.3.1.2. Any work in which untested and unaccepted materials are used without the approval of the Owner's Representative, except if said material is the one specified in the Contract Documents, will be performed at the Contractor's risk. 12.3.1.1.2.1. Material found to be unacceptable will not be paid for and, if directed by the Owner's Representative, shall be removed at the Contractor's expense. 12.3.1.3. Unless otherwise indicated in the Contract Documents, the sampling of materials for testing will be performed by Owner's Representative personnel or by other personnel designated by the Owner, at Owner's expense. 12.3.1.1.3.1. Where sampling by the Contractor is specified, the samples shall be taken using approved Contractor furnished sampling devices, under the supervision of the Owner's Representative, and at such times or intervals as directed. 12.3.1.1.3.2. When materials are tested by the Owner, copies of the test reports will be furnished to the Contractor. Unless otherwise required in the Contract Documents, tests may or may not be performed by Owner and the Contractor shall not rely on the results of the Owner testing being available for process control. 12.3.1.4. Plant Inspection: Owner's Representative may undertake the inspection of materials at the production plant. In the event plant inspection is undertaken the following conditions shall be met: 12.3.1.1.4.1. The Owner's Representative shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. 12.3.1.1.4.2. The Owner's Representative shall have full entry at all times to such parts of the plant as may - 75 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS concern the manufacture or production of the materials being furnished. 12.3.1.1.4.3. Adequate safety measures shall be provided and maintained. 12.3.2 Contractor shall give Owner's Representative timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspections and testing personnel to facilitate required inspections or tests. No delays, or hindrance in the performance of the Work, shall be caused by tardiness in Owner's Representative's inspection of the Work. 12.3.2.1. The Contractor shall submit to the Owner's Representative, within twenty (20) calendar days following the date of Notice to Proceed, the name of the local testing laboratory (ies) proposed for use with respect to the Work. 12.3.2.1.1. The Owner's Representative shall, within ten (10) calendar days after receipt of the submittal of the proposed testing laboratory(ies), approve said laboratory (ies), or submit written reasons for his disapproval. 12.3.2.1.2. If no notice of approval or disapproval is received within said period of time, Contractor shall submit the request for approval to the Chief of Construction or equivalent division head of Owner who shall have ten (10) calendar days to issue his decision. If the Chief of Construction or equivalent division head of Owner does not render his decision within said time, the testing laboratory (ies) will be deemed approved by the Owner's Representative. 12.3.3. Unless otherwise provided in the Contract Documents, Owner's Representative shall employ and pay for the services of independent testing entities to perform all inspections, tests, or approvals required by the Contract Documents except for inspections, tests, or approvals covered by Article 12.3.4. The costs incurred in connection with tests or inspections conducted pursuant to Article 12.4.2.1 shall be paid as provided in