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11.1.2 Warranty of Specifications: The Contractor warrants that all equipment, <br />materials and workmanship furnished, whether furnished by the <br />Contractor, its subcontractors or suppliers, will comply with the <br />specifications, drawings and other descriptions supplied or adopted and <br />that all services will be performed in a workmanlike manner. <br />11.1.3 Warranty of Merchantability: The Contractor warrants that any and all <br />equipment to be supplied pursuant to this Agreement is merchantable, <br />free from defects, whether patent or latent in material or workmanship, <br />and fit for the ordinary purposes for which it is intended. <br />11.2 Tests and Inspections: The Contactor shall give the Project Manager timely <br />(minimum of thirty-six (36) hours) notice of readiness of the Work for all required <br />inspections, tests, or approvals. <br />11.2.1 If any law, ordinance, rule, regulation, code or order of any public body <br />having jurisdiction requires any Work (or part thereof) to specifically be <br />inspected, tested or approved, the Contractor shall assume full <br />responsibility, pay all costs in connection therewith and furnish the Project <br />Manager the required certificates of inspection, testing or approval. The <br />Contractor shall also be responsible for and shall pay all costs in <br />connection with any inspection or testing required in connection with the <br />City's acceptance of a manufacturer, fabricator, supplier or distributor of <br />materials or equipment submitted for approval prior to the Contractor's <br />purchase thereof for incorporation of the Work. <br />11.2.2 All inspections, tests or approvals other than those required by law, <br />ordinance, rule, regulation, code or order of any public body having <br />jurisdiction shall be performed by the City or by a professional testing firm <br />designated by the City. The City will pay for sampling and testing if the <br />test results are passing. The Contractor will reimburse the City for <br />sampling, testing, and retesting costs associated with failing tests. <br />11.2.3 Neither observations by the Project Manager nor inspections, tests or <br />approvals by others shall relieve the Contractor from his obligations to <br />perform the Work in accordance with Contract Documents. <br />11.3 Uncovering Work: If any work that is to be inspected, tested or approved is <br />covered without approval or consent of the Project Manager, it must, if requested <br />by the Project Manager, be uncovered for observation and/or testing. Such <br />uncovering and replacement shall be at the Contractor's sole expense unless the <br />Contractor has given the Project Manager timely notice of the Contractor's <br />intention to cover such Work and the Project Manager has not acted with <br />reasonable promptness in response to such notice. <br />11.3.1 If the Project Manager considers it necessary or advisable that Work <br />covered in accordance with Paragraph 11.2.1, 11.2.2 and 11.2.3 be <br />CAM 20-0192 <br />C-25 EXHIBIT 3 <br />Page 25 of 46 <br />