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23 <br /> Orange County, NC I CONSTRUCTION MANAGER AT RISK CONTRACT I CONFIDENTIAL DRAFT <br /> 19.2 Required Testing. The CMAR shall arrange and pay for all testing required by Contract Documents, <br /> including concrete cylinder tests, soil compaction, structural steel inspections, mechanical system testing <br /> and balancing, fire alarm and suppression testing, and all other tests specified. Retesting required due to <br /> failures is at the CMAR's expense. <br /> 19.3 Independent Testing Agencies. All testing shall be performed by independent agencies approved by <br /> the Owner. The CMAR shall coordinate testing schedules and provide access. Test reports shall be <br /> submitted to the Owner and Project Designer within five (5) business days of receipt. Failed tests shall be <br /> reported immediately. <br /> 19.4 Owner's Right to Inspect. The Owner and its representatives shall have access to the Work at all <br /> times for inspection. No Work required to be inspected shall be covered without the Owner's or Project <br /> Designer's inspection and approval. If Work is covered without required inspection, it shall be uncovered at <br /> the CMAR's expense. If uncovered Work is found compliant, the cost of uncovering and restoring shall be <br /> borne by the Owner by Change Order; if non-compliant, all costs are the CMAR's. <br /> 19.5 Defective Work. The Owner or Project Designer may reject any Work that fails to conform to the <br /> Contract Documents. Corrective Work shall commence within seventy-two (72) hours of written notice. If <br /> the CMAR fails to commence corrections, the Owner may, after fifteen (15) days written notice, engage <br /> others and deduct the cost from amounts due the CMAR. <br /> 19.6 Safety.The CMAR shall establish and maintain a comprehensive Site Safety Program complying with <br /> OSHA 29 C.F.R. Part 1926 and North Carolina Department of Labor requirements. The CMAR shall <br /> designate a full-time on-site safety inspector whose name shall be provided to the Owner before <br /> construction commences. Daily toolbox safety talks shall be conducted and documented. All accidents, <br /> fatalities, serious injuries, near-misses, and incidents with damages exceeding $1,000 shall be reported to <br /> the Owner immediately and confirmed in writing within twenty-four(24) hours. <br /> ARTICLE 20: SUSPENSION OF WORK <br /> 20.1 Owner's Right to Suspend.The Owner may,at any time and for any reason,suspend all or any portion <br /> of the Work by written notice to the CMAR specifying the scope and effective date of the suspension. Upon <br /> receipt, the CMAR shall: (a) immediately suspend Work as directed; (b) protect and secure all Work in <br /> place; (c) coordinate with Subcontractors to suspend their activities; and (d) take all reasonable measures <br /> to minimize costs during the suspension. <br /> 20.2 Compensation for Suspension. If a suspension not caused by the CMAR's fault or negligence exceeds <br /> thirty(30)consecutive days,the CMAR may be entitled to a Change Order adjusting the GMP and Contract <br /> Time to reflect: (a) documented direct costs of demobilization and remobilization; (b) actual costs of <br /> protecting and securing Work in place; (c) actual extended General Conditions costs attributable to the <br /> suspension; and (d) a time extension equal to the period of suspension plus a reasonable remobilization <br /> period. The CMAR shall not be entitled to anticipated profit on Work not performed during the suspension. <br /> 20.3 Subcontractor Costs During Suspension. The CMAR shall include in all subcontracts provisions <br /> consistent with this Article. If the Owner's suspension results in increased costs to Subcontractors, such <br /> costs,to the extent reasonable and documented, may be included in the CMAR's suspension compensation <br /> claim. <br /> 20.4 Resumption. The Owner shall provide written notice to resume Work. The CMAR shall resume Work <br /> within seven (7) days of the notice unless a different time is specified. The parties shall execute a Change <br /> Order prior to resumption memorializing any agreed adjustments to the GMP and Contract Time. <br /> 20.5 CMAR's Right to Stop Work. Pursuant to N.C. Gen. Stat. § 143-134.1, the Owner is required to make <br /> payment within thirty (30) days of receipt of a properly submitted and complete Application for Payment. If <br /> the Owner fails to make payment within the statutory thirty(30)day period, the CMAR may, after providing <br /> fifteen (15)days written notice to the Owner and Project Designer, suspend all operations until payment of <br /> the full amount owed, including any accrued statutory interest at twelve percent(12%)per annum, has been <br /> received. The Contract Time shall be extended for the period of any such suspension. If the Work is also <br /> stopped for ninety(90)consecutive days by court order or order of another public authority through no fault <br /> Page 20 of 35 <br />