Specifications

SECURITY CAMERA SYSTEM UPGRADE AND REPLACEMENT
FOR MONTGOMERY COUNTY DETENTION CENTER
GENERAL CONDITIONS GC-51
13.2.2 No action or failure to act by the Board, Engineer or Contractor shall constitute a waiver of
a right, remedy, duty or obligation afforded them under the Contract, nor shall such action or failure
to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically
agreed in writing.
13.3 Tests and Inspections
13.3.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents
or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be
made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements
for such tests, inspections and approvals with an independent testing laboratory or entity acceptable
to the Board, or with the appropriate public authority, and shall bear all related costs of tests,
inspections and approvals. The Contractor shall give the Engineer and Board timely notice of when
and where tests and inspections are to be made so the Engineer and Board may observe such
procedures. The Board shall only bear costs of tests, inspections or approvals which do not become
requirements until after bids are received or negotiations concluded.
13.3.2 If the Engineer, Board or public authorities having jurisdiction determine that portions of the
Work require additional testing, inspection or approval not included under Subparagraph 13.3.1, the
Engineer will, upon written authorization from the Board, instruct the Contractor to make
arrangements for such additional testing, inspection or approval by an entity acceptable to the Board,
and the Contractor shall give timely notice to the Engineer and Board of when and where tests and
inspections are to be made so the Engineer and/or Board may observe such procedures. The Board
shall bear such costs except as provided in Subparagraph 13.3.3.
13.3.3 If such procedures for testing, inspection or approval under Subparagraphs 13.3.1 and 13.3.2
reveal failure of the portions of the Work to comply with requirements established by the Contract
Documents, the Contractor shall bear all costs made necessary by such failure including those of
repeated procedures and compensation for the Engineer's services and expenses. The Contractor
also agrees that the cost of testing services required for the convenience of the Contractor in its
scheduling and performance of the Work, and the cost of testing services related to remedial
operations performed to correct deficiencies in the Work shall be borne by the Contractor.
13.3.4 Required certificates of testing, inspection or approval shall, unless otherwise required by
the Contract Documents, be secured by the Contractor and promptly delivered to the Board with
complete and accurate copies promptly delivered to the Engineer.
13.3.5 If the Engineer is to observe tests, inspections or approvals required by the Contract
Documents, the Engineer will do so promptly and, where practicable, at the normal place of testing.
13.3.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly
to avoid unreasonable delay in the Work.
13.3.7 All such tests shall be in accordance with the methods approved by AASHTO, ASTM,
ANSI, or such other applicable organizations as may be required by law, the Contract Documents,
or as recommended by the Board.