Common use of Materials Testing Clause in Contracts

Materials Testing. a. All construction materials to be used or incorporated in the Project shall meet all required specifications according to project plans and specifications; and are subject to inspection, Quality Control and Quality Assurance Testing, and approval or rejection by the CITY. b. Test, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. ▇. ▇▇▇▇ shall hire an independent third-party Material Testing Firm to perform Quality Control testing for the project and pay all costs required. The Material Testing Firm shall establish, provide, and maintain an effective quality control program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this Contract conform to Contract plans, technical specifications, and other requirements, whether manufactured by the CMAR, or procured from Subcontractors or vendors. d. Although guidelines are established, and certain minimum requirements are specified herein and elsewhere in the Contract technical specifications, CMAR shall assume full responsibility for accomplishing the stated purpose. ▇. ▇▇▇▇ shall maintain current quality control records of all inspections and tests performed. These records shall include factual evidence that the required inspections or tests have been performed, including types and number of inspections or tests involved; results of inspections or tests; nature of defects, deviations, causes for rejections, etc.; propose remedial action and corrective actions taken if required. These records must cover both conforming and defective features and must include a statement that all supplies and materials incorporated in the Work are in full compliance with the terms of the Contract. f. When QC test indicate noncompliance with the Contract Documents, retesting shall be performed. In the event additional (re-test) tests are required due to ▇▇▇▇’▇ work or materials having failed any initial test, the additional test shall be at the ▇▇▇▇ expense. g. Legible copies of all test results shall be furnished to the CITY in a Weekly Summary Report submitted in a timely manner to address any potential issues quickly. Before final completion, CMAR shall submit a final testing report summary containing all testing results which certified that the Work complies with the Contract Documents. h. CITY reserves the right to perform Quality Assurance testing required to certify the quality of materials for this project through its designated agent for professional materials testing services. The purpose of assurance testing will be to verify the quality of the finished project for the CITY. The testing will, in no way, relieve the ▇▇▇▇ of his/her responsibility for his own quality control, assurance and furnishing materials and finished products that meet the project specifications.