Reso 2016-2525 - Laserfiche WebLink

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16.2 TITLE/OWNERSHIP TO MATERIALS FOUND ON THE WORK A. The OWNER reserves the right to retain title to all soils, stone, sand, gravel, and other materials developed and obtained from excavations and other operations connected with the Work until released by the OWNER. Any material desired to be retained by the OWNER shall be delivered by the CONTRACTOR to a designed area within a six (6) mile radius of the project, at no extra cost to the OWNER, as directed by the OWNER, unless otherwise specified in the Contract Documents. Neither the CONTRACTOR nor any subcontractor shall have any right, title, or interest in or to any such materials. The CONTRACTOR will be permitted to use in the Work, if approved by the OWNER and ENGINEER OF RECORD in writing, without charge, any such materials which meet the requirements of the Contract Documents. Once the OWNER releases ownership of the material, it shall become the property of the CONTRACTOR, who shall dispose of it in manner satisfactorily to the ENGINEER OF RECORD, as provided for by the CONTRACTOR, at no extra cost to the OWNER. 16.3 RIGHT TO AUDIT A. If the CONTRACTOR submits a claim to the OWNER for additional compensation, the OWNER shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the CONTRACTOR's books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR's plants, or such parts thereof, as may be or have been engaged in the performance of the Work. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the OWNER deems desirable during the CONTRACTOR's normal business hours at the office of the CONTRACTOR. The CONTRACTOR shall make available to the OWNER for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the OWNER. - END OF SECTION - 00700-39/39 u