Common use of Inspection and Testing Clause in Contracts

Inspection and Testing. A. All materials and equipment used in the construction of the project will be subject to adequate inspection and testing in accordance with generally accepted standards. B. The Trade Contractor shall give sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection and testing services required by the Contract Documents, unless specifically noted in the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assembly. D. Neither observations by the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the work in accordance with the requirements of the contract documents. E. The Engineer, the Owner, and their representatives will at all times have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 3 contracts

Sources: Trade Contractor Agreement, Trade Contractor Agreement, Trade Contractor Agreement

Inspection and Testing. A. All materials 3.23.1 MSG, Architect and equipment used in Project Manager or their nominee may inspect the construction Work, on reasonable notice to Contractor at any time, including any inspection or test to determine whether the Work complies with the Drawings and Specifications. Inspections and tests by MSG, Architect or Project Manager shall not be constructed as acceptance of the project will be Work nor a waiver of any of MSG’s rights under this Agreement. 3.23.2 Contractor shall develop a checking and testing procedure, subject to adequate inspection MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing in accordance with generally accepted standards. B. The Trade Contractor procedure shall give sufficient advance notice of placing orders to permit include all tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection and testing services inspections required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with the Project. Contractor shall keep an accurate record of all tests, unless specifically noted inspections conducted, findings, and test reports for the Work to the extent prepared by or on behalf of Contractor or provided to Contractor. 3.23.3 If the Contract Documents or Applicable Laws require any portion of the Work to be inspected, tested or approved, Contractor shall give MSG, Architect and Project Manager timely notice (but in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such inspection, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified in the contract specifications for Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection and or testing services, such as, by way reveals a failure of example, welding inspections on off-site assembly. D. Neither observations by the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations Work to perform the work in accordance comply with the requirements of the contract documentsContract Documents, Contractor shall correct such failure without recovery as a Cost of the Work and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issued. E. The Engineer3.23.5 Required certificates of inspection, the Owner, and their representatives will at all times have access to the work and to locations where materials testing or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner approval shall be furnished with such information as may be required regarding materials used secured by Contractor and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access promptly deliver them to Project Manager and observation of the work and also for any inspection or testing thereofArchitect. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 3 contracts

Sources: Construction Agreement (MSG Entertainment Spinco, Inc.), Construction Agreement (MSG Entertainment Spinco, Inc.), Construction Agreement (Madison Square Garden Co)

Inspection and Testing. A. (1) All materials and equipment used in the construction of the project will workmanship shall be subject to adequate inspection inspection, examination and testing in accordance with generally accepted standards. B. The Trade Contractor by the Consultant and the Fund at all times during the performance of the work and at all places where the work is carried on. Except as otherwise herein specified, the Fund shall give sufficient advance notice pay for the cost of placing orders to permit tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection inspection, examination and testing services required by the Contract DocumentsConsultant or the Fund. If, unless specifically noted in however, the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assembly. D. Neither observations by tests prove that the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the materials and/or work in accordance with tested do not meet the requirements of the contract documentsContract, then the entire cost of such tests and any additional testing and or inspections required until the work is deemed compliant is to be borne by the Contractor. The Consultant will have the right to reject defective material and workmanship furnished by the Contractor or require its correction. The Contractor, without charge therefor, shall satisfactorily and promptly correct all rejected work and replace all rejected material with proper material. E. (2) The EngineerContractor shall promptly segregate and remove from the site of the work all rejected material and work. If the Contractor shall fail to proceed at once with the replacing of rejected material and/or correction of defective workmanship, the OwnerFund may, by contract or otherwise, replace such material and/or correct such workmanship, and their representatives will at all times have access charge the costs thereof to the work Contractor or it may cancel the Contract and to locations where terminate the Contractor's employment as provided in the Agreement. (3) The Contractor, without additional charge, shall promptly furnish all reasonable facilities, labor materials or and equipment are being manufacturedwith associated operators necessary for the safe and convenient access, stored, or prepared for use under these contract documents, inspection and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as testing that may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner Consultant or the Fund. (4) If the Contract Documents or the Consultant's instructions or the applicable laws, ordinances or regulations of equipment any governmental authority require any part of the work covered by the Contract to be specially tested or materials during inspected, the Contractor shall give the Consultant timely notice of its manufacture will readiness for such testing or inspection or, if the same is to be performed by a governmental authority, of the date fixed therefor. If any such work, without the written permission of the Consultant, should be covered up prior to such testing or inspection, the Contractor, at its sole cost and expense must, if directed by the Consultant, uncover the same for testing or inspection and reconstruct same after the Owner solely in tests or inspection are conducted. All certificates of inspection or testing, involving the Contractor's work, required to be obtained from governmental authorities are to be secured by the Contractor at its sole cost and expense. (5) Should it be considered necessary or advisable by the Consultant at any time before final acceptance of the entire work to make an effort examination of work already completed by removing or tearing out same, the Contractor, upon request, shall furnish all necessary facilities, labor and material to detect discrepancies and defects as early as possible, when they can be most readily corrected, and perform such examination. If the work thereby expeditedsubject to such examination is found to be defective or nonconforming in any manner due to the fault of the Contractor or any of its subcontractors, such uncovering or destruction and necessary reconstruction, even though such includes work not covered in the Contract, shall be at the expense of the Contractor. No If, however, such work after testing and examination is found to be satisfactory, the Fund will pay the Contractor the cost of such uncovering or destruction and reconstruction, such cost to be determined as in the case of extra work as provided in Sections 4.02 and 4.05A. (6) Inspection of material and furnished articles to be incorporated in the work may be made at the place of production, manufacture or shipment unless otherwise stated herein. The inspection of material and workmanship for final acceptance of equipment as a whole or materials in part will be construed to result from such shop inspections by made at the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion site of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 3 contracts

Sources: Construction Contract, Construction Contract, Construction Contract

Inspection and Testing. A. All materials 23.01 If the underlying Contract Documents or any laws, rules, ordinances or regulations of any Federal, State or local governmental authorities having jurisdiction over the Work require that any Work be inspected or tested, Contractor shall give Owner and equipment used Architect timely notice of readiness of the Work for inspection or testing and the date fixed for such inspection or testing. Owner shall perform all controlled inspections. (a) Whenever, in the construction opinion of Owner, it is desirable to require special inspection or testing of the project will Work or its individual components, Owner shall have authority to do so whether or not such Work is then fabricated, installed, covered or completed. All costs incurred in connection with such special inspection or testing shall be subject a Reimbursable Cost by the issuance of a Change Order unless it reveals a test failure as a result of the acts or omissions of Contractor in which event, Contractor shall bear, all costs of such special inspection or testing, including and without limitation without increase to adequate inspection and testing in accordance with generally accepted standards. B. The GMP. All Trade Contracts shall provide that if a test failure is a result of the acts or omissions of a Trade Contractor then that Trade Contractor shall give sufficient advance notice bear, at its sole cost and expense, all such costs of placing orders to permit tests special inspection or testing. No inspection performed or failed to be completed before materials are incorporated performed by Owner hereunder shall be deemed a waiver of any of Contractor’s obligations hereunder or be construed as an approval or acceptance of the Work or any part thereof. (b) In the event of a test failure of any item of the Work, Owner may require inspection or testing of any or all of the other similar items of the Work. The costs and expenses incurred by Contractor in connection with such inspection or testing set forth in this Section 23.02(b) shall be a cost of the Work unless (i) the test failure prompting such additional testing or inspection was a result of the acts or omissions of Contractor or the failure of Contractor to comply with the provisions of this Agreement or (ii) such additional testing or inspection results in a test failure which results from the acts or omissions of Contractor, in which event, Contractor shall bear, at its sole cost and expense, all costs of such additional inspection or testing. All Trade Contracts shall provide that in the workevent of a test failure of any term of the Work the costs and expenses incurred in connection with such testing or inspection shall be borne by the responsible Trade Contractor. C. The 23.03 If any Work shall be covered or concealed by Contractor or permitted to be covered or concealed by Contractor, contrary to the written request of Owner will provide all inspection and testing services required by or Architect or the Contract Documents, unless specifically noted such Work, if required by Owner or Architect, shall be uncovered for examination, inspection or testing at Contractor’s sole cost and expense. If any such test results are below specified minimums, Owner may order additional examination, testing or inspection. Such additional examination, inspection or testing shall be at Contractor sole cost and expense if Contractor knew of such request and failed to advise the appropriate Trade Contractor. Should Architect or Owner have reason to believe that defects exist in any Work which has already been covered or concealed, although no request not to cover or conceal such Work had been previously made by Owner or Architect such Work, if required by Owner, be promptly uncovered by Contractor and subjected to such tests, inspection or examination as may be deemed appropriate by Owner, Engineer or Architect. In such case, the contract specifications for special inspection provisions of Sections 24.02(a), (b) and testing services, (c) shall control with respect to the costs associated with such as, by way of example, welding inspections on off-site assemblyuncovering. D. Neither observations 23.04 Any Work not approved by the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the work or Architect in accordance with the requirements terms of this Agreement shall immediately be reconstructed, made good, replaced or corrected by Contractor, the responsible Trade Contractor, or another Trade Contractor to be retained by Contractor, including portions of the contract documents. E. The EngineerWork destroyed or damaged by such removal or replacement, at Contractor’s or the Owner, responsible Trade Contractor’s sole cost and their representatives will at all times have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including pricesexpense, to the extent of uncovering, testingthe same is caused by, or removing portions results respectively from, Contractor’s or its Trade Contractors’ acts or omissions or the failure of either of the finished workforegoing to comply with the provisions of this Agreement or the Trade Contract, respectively. The Engineer All rejected materials shall be removed from the Project site, within a reasonable period of time. Acceptance of materials and workmanship by Owner shall not relieve Contractor or any Trade Contractor from their liability for or obligation to replace all Work which is not in full compliance with the underlying Contract Documents. 23.05 At Owner’s option, Owner may accept defective or nonconforming Work or materials, instead of requiring its removal, correction or replacement, as the case may be, and a Change Order shall be furnished with such information as may be required regarding issued to reflect a reduction in the Trade Contract price, in an amount equal to the aggregate cost of labor and materials used and the process of manufacture for the various items of equipment. Inspections which would have been incurred by the Engineer and responsible Trade Contractor if Owner had required said Trade Contractor to repair or replace such defective nonconforming Work in accordance with the terms of equipment the Trade Contract. Such adjustment shall be effected whether or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects not final payment has been made. 23.06 Owner’s Consultants shall perform Controlled Inspection, as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections defined by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation Building Code of the work and also for any inspection or testing thereofCity/Town of Hanover, New Jersey (“Code”). G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 2 contracts

Sources: Construction Agreement, Construction Agreement (Dendreon Corp)

Inspection and Testing. A. All materials and equipment used in the construction every part of the project will Work shall be subject to adequate inspection and testing in accordance by Owner. Owner and the Oversight Engineer shall be allowed access to all parts of the Work and shall be furnished with generally accepted standards. B. The Trade information and assistance by Contractor as required to make a complete and detailed inspection and perform any testing that such entity may deem appropriate. Prior to Substantial Completion, Contractor shall give sufficient advance notice remove or uncover such portions of placing orders the finished Work as directed. After examination by Owner or the Oversight Engineer, Contractor shall restore the Work to permit tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection and testing services standard required by this Contract. If the Contract Documents, unless specifically noted in the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assembly. D. Neither observations by the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations Work thus exposed or examined conforms to perform the work in accordance with the requirements of the contract documents. E. The EngineerContract, the Owneruncovering, removing, and their representatives restoring the Work will at all times have access be paid for as part of the Cost of the Work. If the Work exposed or examined does not conform to the work requirements of the Contract, uncovering, removing, and to locations where restoring the Work shall not be part of the Cost of the Work. Any Work done or materials or equipment are being manufacturedused without inspection by an authorized Owner representative may be ordered uncovered, storedremoved, or prepared restored at Contractor's expense unless Owner's representative failed to inspect the Work after having been given, reasonable notice in writing that the Work was to be performed. All inspections and all tests conducted by Owner or the Oversight Engineer are for use under these contract documentsthe convenience and benefit of the Owner or the Oversight Engineer. These inspections, and they shall have full facilities for unrestricted inspection tests or any payment do not constitute acceptance of such the materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, Work tested or removing portions of the finished workWork inspected. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment reject or accept any Work or materials during its manufacture will be performed by at any time prior to Substantial Completion whether or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any not previous inspections or tests were conducted by Owner or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documentsOversight Engineer. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 2 contracts

Sources: Engineer, Procure and Construct Contract (Lexent Inc), Engineer, Procure and Construct Contract (Lexent Inc)

Inspection and Testing. A. All materials 23.01 If the underlying Contract Documents or any laws, rules, ordinances or regulations of any federal, state or local governmental authorities having jurisdiction over the Work require that any Work be inspected or tested, Construction Manager shall give Owner and equipment used Architect timely notice of readiness of the Work for inspection or testing and the date fixed for such inspection or testing. Owner or Consultants shall perform all controlled inspections. (a) Whenever, in the construction opinion of Owner, it is desirable to require special inspection or testing of the project will Work or its individual components, Owner shall have authority to do so whether or not such Work is then fabricated, installed, covered or completed. All costs incurred in connection with such special inspection or testing shall be subject a Reimbursable Cost by the issuance of a Change Order unless it reveals a test failure as a result of the acts or omissions of Construction Manager in which event, Construction Manager shall bear, all costs of such special inspection or testing, including and without limitation without increase to adequate inspection and testing in accordance with generally accepted standards. B. The GMP. All Trade Contracts shall provide that if a test failure is a result of the acts or omissions of a Trade Contractor then that Trade Contractor shall give sufficient advance notice bear, at its sole cost and expense, all such costs of placing orders to permit tests special inspection or testing. No inspection performed or failed to be completed before materials are incorporated performed by Owner hereunder shall be deemed a waiver of any of Construction Manager’s obligations hereunder or be construed as an approval or acceptance of the Work or any part thereof. (b) In the event of a test failure of any item of the Work, Owner may require inspection or testing of any or all of the other similar items of the Work. The costs and expenses incurred by Construction Manager in connection with such inspection or testing set forth in this Section 23.02(b) shall be a cost of the Work unless (i) the test failure prompting such additional testing or inspection was a result of the acts or omissions of Construction Manager or the failure of Construction Manager to comply with the provisions of this Agreement or (ii) such additional testing or inspection results in a test failure which results from the acts or omissions of Construction Manager, in which event, Construction Manager shall bear, at its sole cost and expense, all costs of such additional inspection or testing, including, without. All Trade Contracts shall provide that in the workevent of a test failure of any term of the Work the costs and expenses incurred in connection with such testing or inspection shall be borne by the responsible Trade Contractor. C. The 23.03 If any Work shall be covered or concealed by Construction Manager or permitted to be covered or concealed by Construction Manager, contrary to the written request of Owner will provide all inspection and testing services required by or Architect or the Contract Documents, unless specifically noted such Work, if required by Owner or Architect, shall be uncovered for examination, inspection or testing at Construction Manager’s sole cost and expense. If any such test results are below specified minimums, Owner may order additional examination, testing or inspection. Such additional examination, inspection or testing shall be at Construction Manager sole cost and expense if Construction Manager knew of such request and failed to advise the appropriate Trade Contractor. Should Architect or Owner have reason to believe that defects exist in any Work which has already been covered or concealed, although no request not to cover or conceal such Work had been previously made by Owner or Architect such Work, if required by Owner, be promptly uncovered by Construction Manager and subjected to such tests, inspection or examination as may be deemed appropriate by Owner or Architect. In such case, the contract specifications for special inspection provisions of Sections 23.02(a) and testing services, (b) shall control with respect to the costs associated with such as, by way of example, welding inspections on off-site assemblyuncovering. D. Neither observations 23.04 Any Work not approved by the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the work or Architect in accordance with the requirements terms of this Agreement shall immediately be reconstructed, made good, replaced or corrected by Construction Manager, the responsible Trade Contractor, or another Trade Contractor to be retained by Construction Manager, including portions of the contract documents. E. The EngineerWork destroyed or damaged by such removal or replacement, at Construction Manager’s or the Owner, responsible Trade Contractor’s sole cost and their representatives will at all times have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including pricesexpense, to the extent of uncovering, testingthe same is caused by, or removing portions results respectively from, Construction Manager’s or its Trade Contractors’ acts or omissions or the failure of either of the finished workforegoing to comply with the provisions of this Agreement or the Trade Contract, respectively. The Engineer All rejected materials shall be removed from the Project site, within a reasonable period of time. Acceptance of materials and workmanship by Owner shall not relieve Construction Manager or any Trade Contractor from their liability for or obligation to replace all Work which is not in full compliance with the underlying Contract Documents. 23.05 At Owner’s option, Owner may accept defective or nonconforming Work or materials, instead of requiring its removal, correction or replacement, as the case may be, and a Change Order shall be furnished with such information as may be required regarding issued to reflect a reduction in the Trade Contract price, in an amount equal to the aggregate cost of labor and materials used and the process of manufacture for the various items of equipment. Inspections which would have been incurred by the Engineer and responsible Trade Contractor if Owner had required said Trade Contractor to repair or replace such defective nonconforming Work in accordance with the terms of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency Contract. Such adjustment shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation of the work and also for any inspection effected whether or testing thereofnot final payment has been made. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 2 contracts

Sources: Construction Management Agreement (Dendreon Corp), Construction Management Agreement (Dendreon Corp)

Inspection and Testing. A. 28.1 All materials and equipment used in the construction of the project will PROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT DOCUMENTS. B. 28.2 The Trade Contractor OWNER shall give sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection and testing services not required by the Contract Documents, unless specifically noted in the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assemblyCONTRACT DOCUMENTS. D. Neither observations 28.3 The CONTRACTOR shall provide at his expense the testing and inspection services required by the EngineerCONTRACT DOCUMENTS. 28.4 If the CONTRACT DOCUMENTS, and Ownerlaws, tests nor approvals ordinances, rules, regulations or orders of any public authority having jurisdiction require any WORK to specifically be inspected, tested, or approved by persons someone other than the Engineer and Owner CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the ENGINEER the required certificates of inspection, testing or approval. 28.5 Inspections, tests or approvals by the ENGINEER or others shall not relieve the Trade Contractor CONTRACTOR from his obligations to perform the work WORK in accordance with the requirements of the contract documentsCONTRACT DOCUMENTS. E. 28.6 The Engineer, the Owner, ENGINEER and their his representatives will at all times have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished workWORK. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal Federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall CONTRACTOR will provide proper facilities for such access and observation of the work WORK and also for any inspection inspection, or testing thereof. G. In case 28.7 If any WORK is covered contrary to the written instructions of disputes between the Trade Contractor ENGINEER it must, if requested by the ENGINEER, be uncovered for his observation and replaced at the Engineer as to materials furnished CONTRACTOR'S expense. 28.8 If the ENGINEER considers it necessary or manner of performing the workadvisable that covered WORK be inspected or tested by others, the Owner CONTRACTOR, at the ENGINEER'S request, will have authority to reject materials uncover, expose or suspend otherwise make available for observation, inspection or testing as the work until the question at issue can be decided by the Owner. The Owner is authorized to revokeENGINEER may require, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any that portion of the workWORK in question, furnishing all necessary labor, materials, tools and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such WORK is not found to issue instructions contrary be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to the drawings such uncovering, exposure, observation, inspection, testing and specificationsreconstruction and an appropriate CHANGE ORDER shall be issued.

Appears in 2 contracts

Sources: Construction Contract, Contract

Inspection and Testing. A. All materials (a) Contractor shall perform all inspection, sampling and equipment used testing necessary to ensure and demonstrate compliance with the Contract Documents. Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the Work performed conforms to the requirements in the construction Contract Documents. Contractor shall maintain complete inspection records and make them available to Owner. (b) Contractor shall prepare and submit for Owner’s approval a Quality Management System developed in accordance with Section 014000 of the project will Division 1 Specifications. (c) Tests, inspections and approvals of portions of the Work required by the Contract Documents or Laws, Regulations and Ordinances shall be made at appropriate times. Unless otherwise provided in the Contract Documents, Contractor shall make arrangements in accordance with the Contract Documents for such tests, inspections and approvals and shall bear all related costs of such tests, inspections and approvals. Owner has the right to observe any inspections, tests, or approvals required under the Contract Documents. Contractor shall give Owner, Owner’s authorized agents, and any other Person and/or Entity designated by Owner, timely notice of when and where tests, inspections and approvals are to be made so they may observe such procedures. (d) Each part or detail of the Work, including but not limited to equipment and materials, shall also be subject to adequate inspection and testing in accordance by Owner at all reasonable times. Owner shall have the right to reject Work which does not conform with generally accepted standardsthe Contract Documents. Contractor shall immediately stop the affected Work and correct non-conformance items or obtain Owner’s written concurrence that the Work may proceed and the non-conformance corrected within a specific time. Certificates of inspection, testing or approval required under the express terms of the Contract Documents shall be secured by Contractor and promptly delivered to Owner. B. The Trade (e) If, after the commencement of the Work, Owner determines that any Work requires special testing, inspection or approval which is not required by the Contract Documents or Laws, Regulations and Ordinances, Owner will instruct Contractor to order such special testing, inspection, or approval. If the Work fails to comply with the Contract Documents or Laws, Regulations and Ordinances, Contractor shall give sufficient advance notice bear all costs of placing orders such special testing, inspection or approval. If the Work complies with the Contract Documents and Laws, Regulations and Ordinances, Contractor shall be entitled to permit tests to be completed before materials are incorporated in an appropriate Change Order for the workcosts and/or schedule impact of such special testing, inspection or approval, provided that Contractor satisfies the requirements of Articles 13 and 19. C. The Owner will provide (f) At all inspection and testing services times before Substantial Completion, Contractor shall remove or uncover such portions of the finished construction Work as directed by ▇▇▇▇▇. After examination by any Person and/or Entity designated by Owner, Contractor shall restore the Work to the standard required by the Contract Documents, unless specifically noted . If the Work exposed or examined is not in the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assembly. D. Neither observations by the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the work in accordance conformance with the requirements of the contract documents.Contract Documents, then: E. The Engineer(1) uncovering, removing and restoring the OwnerWork; and (2) delays occasioned thereby and, and their representatives will at all times have access if applicable, recovery of any such delay, shall be the sole responsibility of Contractor. Prior to the work start of construction, Owner and Contractor shall meet to locations where materials determine the general types of construction activities or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted other items of Work that Owner wishes to inspect. Any Work done without prior inspection by Owner after receipt of such materialsnotice may be ordered uncovered, equipmentremoved or restored at Contractor’s sole cost even if the Work proves acceptable after uncovering. Except with respect to Work done contrary to Owner’s inspection requirements as described in the foregoing sentence, and work including full access to purchasing and engineering information, but not including prices, to if Work exposed or examined under this Section 4.2.2 is in conformance with the extent of uncovering, testing, or removing portions requirements of the finished work. The Engineer and Owner Contract Documents, then Contractor shall be furnished with such information as may be required regarding materials used and the process of manufacture entitled to an appropriate Change Order for the various items cost of equipment. Inspections by such efforts and a time extension, provided Contractor satisfies the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documentsArticles 13 and 19. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 1 contract

Sources: Design Build Contract

Inspection and Testing. A. All materials 23.01 If the underlying Contract Documents or any laws, rules, ordinances or regulations of any federal, state or local governmental authorities having jurisdiction over the Work require that any Work be inspected or tested, Contractor shall give Owner and equipment used Architect timely notice of readiness of the Work for inspection or testing and the date fixed for such inspection or testing. Owner shall perform all controlled inspections. (a) Whenever, in the construction opinion of Owner, it is desirable to require special inspection or testing of the project will Work or its individual components, Owner shall have authority to do so whether or not such Work is then fabricated, installed, covered or completed. All costs incurred in connection with such special inspection or testing shall be subject a Reimbursable Cost by the issuance of a Change Order unless it reveals a test failure as a result of the acts or omissions of Contractor in which event, Contractor shall bear, all costs of such special inspection or testing, including and without limitation without increase to adequate inspection and testing in accordance with generally accepted standards. B. The GMP. All Trade Contracts shall provide that if a test failure is a result of the acts or omissions of a Trade Contractor then that Trade Contractor shall give sufficient advance notice bear, at its sole cost and expense, all such costs of placing orders to permit tests special inspection or testing. No inspection performed or failed to be completed before materials are incorporated performed by Owner hereunder shall be deemed a waiver of any Contractor’s obligations hereunder or be construed as an approval or acceptance of the Work or any part thereof. (b) In the event of a test failure of any item of the Work, Owner may require inspection or testing of any or all of the other similar items of the Work. The costs and expenses incurred by Contractor in connection with such inspection or testing set forth in this Section 23.02(b) shall be a cost of the Work unless (i) the test failure prompting such additional testing or inspection was a result of the acts or omissions of Contractor or the failure of Contractor to comply with the provisions of this Agreement or (ii) such additional testing or inspection results in a test failure which results from the acts or omissions of Contractor, in which event, Contractor shall bear, at its sole cost and expense, all costs of such additional inspection or testing. All Trade Contracts shall provide that in the workevent of a test failure of any term of the Work the costs and expenses incurred in connection with such testing or inspection shall be borne by the responsible Trade Contractor. C. The 23.03 If any Work shall be covered or concealed by Contractor or permitted to be covered or concealed by Contractor, contrary to the written request of Owner will provide all inspection and testing services required by or Architect or the Contract Documents, unless specifically noted such Work, if required by Owner or Architect, shall be uncovered for examination, inspection or testing at Contractor’s sole cost and expense. If any such test results are below specified minimums, Owner may order additional examination, testing or inspection. Such additional examination, inspection or testing shall be at Contractor’s sole cost and expense if Contractor knew of such request and failed to advise the appropriate Trade Contractor. Should Architect or Owner have reason to believe that defects exist in the contract specifications for special inspection and testing servicesany Work which has already been covered or concealed, although no request not to cover or conceal such Work had been previously made by Owner or Architect, such asWork, if required by way Owner, shall be promptly uncovered by Contractor and subjected to such tests, inspection or examination as may be deemed appropriate by Owner or Architect. In such case, the provisions of example, welding inspections on off-site assemblySection 23.02(a) and (b) shall control with respect to the costs associated with such uncovering. D. Neither observations 23.04 Any Work not approved by the Engineer, Owner or Architect in good faith and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the work in accordance with the requirements terms of this Agreement shall immediately be reconstructed, made good, replaced or corrected by Contractor, the responsible Trade Contractor, or another Trade Contractor to be retained by Contractor, including portions of the contract documents. E. The EngineerWork destroyed or damaged by such removal or replacement, at Contractor’s or the Owner, responsible Trade Contractor’s sole cost and their representatives will at all times have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including pricesexpense, to the extent of uncovering, testingthe same is caused by, or removing portions results respectively from, Contractor’s or its Trade Contractors’ acts or omissions or the failure of either of the finished workforegoing to comply with the provisions of this Agreement or the Trade Contract, respectively. The Engineer All rejected materials shall be removed from the Project Site, within a reasonable period of time. Acceptance of materials and workmanship by Owner shall not relieve Contractor or any Trade Contractor from their liability for or obligation to replace all Work which is not in full compliance with the underlying Contract Documents. 23.05 At Owner’s option, Owner may accept defective or nonconforming Work or materials, instead of requiring its removal, correction or replacement, as the case may be, and a Change Order shall be furnished with such information as may be required regarding issued to reflect a reduction in the Trade Contract price, in an amount equal to the aggregate cost of labor and materials used and the process of manufacture for the various items of equipment. Inspections which would have been incurred by the Engineer and responsible Trade Contractor if Owner had required said Trade Contractor to repair or replace such defective nonconforming Work in accordance with the terms of equipment the Trade Contract. Such adjustment shall be effected whether or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects not final payment has been made. 23.06 Owner’s Consultants shall perform Controlled Inspection, as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections defined by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation Building Code of the work and also for any inspection or testing thereofCity/Town of Hanover, New Jersey (“Code”). G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 1 contract

Sources: Construction Agreement (Dendreon Corp)

Inspection and Testing. A. All ‌ 17.1 The Inspection and Test Plan shall be prepared by the party specified in the Owner's Requirements as having responsibility for the preparation of it and shall be followed when any inspection or testing of the Work is performed. 17.2 At all times during the progress of the Work, the Owner shall have the right to inspect or witness any part of the Work. 17.3 The Contractor shall inspect and be solely responsible for the inspection of all workmanship, materials and equipment used furnished by itself or its Subcontractors in the construction respect of the project will be subject Work, to adequate inspection ensure conformity in each and testing every respect to the Contract and the Law and to ensure that good and proper construction practices are followed and that the Work is performed in accordance with generally accepted standardsa safe and environmentally sound manner. B. The Trade 17.4 If the Law requires testing of any part of the Work, the Contractor shall give provide the 17.5 If the Owner’s Requirements require any test to be performed or witnessed by the Owner, the Contractor shall provide the Owner’s Representative with sufficient advance notice of placing orders its readiness for the test and the Owner shall then promptly perform or witness the test. If the Owner fails to permit tests to be completed before materials are incorporated in witness the work. C. The Owner will provide all inspection and test when scheduled, any re-testing services required by the Owner shall constitute a Change. 17.6 If any portion of the Work is closed or covered by the Contractor without the Owner’s permission and before the Owner has been given the opportunity to perform or witness a required test, then, if required by the Owner, that portion of the Work shall be opened or uncovered for testing and re-closed or recovered, all at the Contractor’s expense and without increasing the Contract DocumentsTime. 17.7 Any Work which must be tested shall not be considered ready for inspection by the Owner until the Contractor has satisfied itself and notified the Owner’s Representative, unless specifically noted that, in the contract specifications for special inspection and testing servicesContractor’s opinion, such as, by way that portion of example, welding inspections on off-site assemblythe Work can successfully pass the test. D. Neither observations 17.8 Any inspection, testing or witnessing of any of the Work or tests by the Engineer, and Owner, tests nor approvals or omission or failure on the part of the Owner to inspect or test any of the Work shall not be construed to be an acceptance of any such Work, or as relieving the Contractor of its responsibilities pursuant to the Contract or the Law. 17.9 The Contractor shall ensure that all tools, equipment, temporary facilities and other items used in accomplishing the Work, whether purchased, rented, manufactured or fabricated by, or under the direction of the Contractor, or otherwise provided by persons the Contractor or Subcontractors, are safe, environmentally sound and maintained in good condition, capable of performing their required functions. In the case of tools, meters and other than devices which require calibration, the Engineer Contractor shall ensure that such calibration is performed on the frequency recommended by the manufacturer and in accordance with normal industry practice. 17.10 The Owner will relieve reserves the Trade right to inspect all tools and equipment brought on to the Work Site at any time during the progress of the Work. The Owner’s Representative may require the Contractor from his obligations to perform supply a qualified, independent engineering evaluation or certification that any item in question is suitable for its intended purpose, or to reject any item and require replacement with a proper and suitable item which is satisfactory to the Owner’s Representative. If any tool or item of equipment is deemed by the Owner to be unsafe, environmentally unsound or incapable of doing the work for which it is intended, then the Contractor shall repair or replace it with a safe, environmentally sound and suitable tool or item of equipment at the Contractor’s expense. 17.11 The Owner may, at any time during the progress of the Work, conduct inspections or tests on any part thereof, to determine whether the Work is in accordance with the requirements Owner’s Requirements. Such tests shall be at the sole expense of the contract documents. E. The Engineer, the Owner, unless the result of a Performance Test determines that the Work is not in accordance with the Owner’s Requirements, in which case the Contractor shall reimburse the Owner for such Performance Test and their representatives will at all times have access redo or repair the Work ready for a new Performance Test to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment or materials during its manufacture will be performed by the Owner. 17.12 Where the Owner’s Requirements specify that the Contractor shall prepare, or the Owner’s Requirements are silent on the point, then the Contractor shall develop and provide to the Owner, for the Owner solely Owner’s review and approval, an Inspection and Test Plan in an effort time to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, allow the Owner will have authority to reject materials or suspend perform the work until the question at issue can be decided inspections complated by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, this Article 17 - Inspection and to approve or accept any portion of the work, and to issue instructions contrary to the drawings and specificationsTesting.

Appears in 1 contract

Sources: Epc Contract

Inspection and Testing. A. 13.1 All materials and equipment used in the construction of the project will shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the Contract Documents. B. The Trade Contractor shall give sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated in the work. C. 13.2 The Owner will shall provide all inspection and testing services unless otherwise required by Contract Documents. Owner and its project representatives (the “Owner’s Parties”, which Owner’s Parties shall include, without limitation, Owner’s Representative, Terracon representatives, representatives from the Owner’s general contractor, Owner’s surveyor and such other professional and consultants as Owner, in its sole determination, elects to employ with respect to the Work) shall have access to the project site at all times. Any inspectors employed by Owner have the authority, acting through the Owner’s Representative, to specify testing parameters and to reject defective material or Work that is being improperly done subject to the final decision of the Owner. Contractor shall consult with and coordinate the Work with Owner through the Owner’s Representative. Contractor shall comply with such reasonable testing and inspection requirements as may be imposed by Owner to allow Owner to complete the required testing and such requirements shall not be the basis for any extension of time or increase in price hereunder. 13.3 If the Contract Documents, unless laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction require any Work to specifically noted in the contract specifications for special inspection and testing servicesbe inspected, such astested, or approved by way of example, welding inspections on off-site assembly. D. Neither observations by the Engineer, and Owner, tests nor approvals by persons someone other than the Engineer and Contractor, the Contractor will give the Owner will relieve the Trade Contractor from his obligations to perform the work in accordance with the requirements timely notice of the contract documentsreadiness. E. The Engineer, the Owner, and their representatives will at all times have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized 13.4 Authorized representatives and agents of any participating federal Federal or state agency shall be permitted to inspect all workWork, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. 13.5 If any Work is covered contrary to the written instructions of the Owner it must, if requested by the Owner, be uncovered for its observation and replaced at the Contractor’s expense. 13.6 If the Owner considers it necessary that covered Work be inspected or tested by others, the Contractor, at the Owner’s request, will uncover, expose, or otherwise make available for observation, inspection, or testing as the Owner may require, that portion of the Work in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such Work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing, and of satisfactory reconstruction. If, however, such Work is not found to be defective, the Contractor will be allowed an increase in the Contract price or an extension of the Contract time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction and an appropriate change order shall be issued. 13.7 The Trade Contractor shall provide proper facilities submit samples of materials for such access and observation of the work and also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided required by the Owner. The Owner is authorized cost of all retests made necessary by the failure of materials to revoke, alter, enlarge, relax or release any conform to the requirements of these specifications, Contract Documents shall be paid by the Contractor. 13.8 The testing of equipment and to approve products shall be performed as provided in the Contract Documents and as additionally requested by Owner or accept any portion of the work, and to issue instructions contrary to the drawings and specificationsits representatives.

Appears in 1 contract

Sources: Construction Contract (Ethanol Grain Processors, LLC)

Inspection and Testing. A. All materials (a) Contractor shall perform all inspection, sampling and equipment used testing necessary to ensure and demonstrate compliance with the Contract Documents. Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the Work performed conforms to the requirements in the construction Contract Documents. Contractor shall maintain complete inspection records and make them available to Owner. (b) Contractor shall prepare and submit for Owner’s approval a Quality Management System developed in accordance with Section 01 40 00 of the project will Division 1 Specifications. (c) Tests, inspections and approvals of portions of the Work required by the Contract Documents or Laws, Regulations and Ordinances shall be made at appropriate times. Unless otherwise provided in the Contract Documents, Contractor shall make arrangements in accordance with the Contract Documents for such tests, inspections and approvals and shall bear all related costs of such tests, inspections and approvals. Owner has the right to observe any inspections, tests, or approvals required under the Contract Documents. Contractor shall give Owner, Owner’s authorized agents, and any other Person and/or Entity designated by Owner, timely notice of when and where tests, inspections and approvals are to be made so they may observe such procedures. (d) Each part or detail of the Work, including but not limited to equipment and materials, shall also be subject to adequate inspection and testing in accordance by Owner at all reasonable times. Owner shall have the right to reject Work which does not conform with generally accepted standardsthe Contract Documents. Contractor shall immediately stop the affected Work and correct non-conformance items or obtain Owner’s written concurrence that the Work may proceed and the non-conformance corrected within a specific time. Certificates of inspection, testing or approval required under the express terms of the Contract Documents shall be secured by Contractor and promptly delivered to Owner. B. The Trade (e) If, after the commencement of the Work, Owner determines that any Work requires special testing, inspection or approval which is not required by the Contract Documents or Laws, Regulations and Ordinances, Owner will instruct Contractor to order such special testing, inspection, or approval. If the Work fails to comply with the Contract Documents or Laws, Regulations and Ordinances, Contractor shall give sufficient advance notice bear all costs of placing orders such special testing, inspection or approval. If the Work complies with the Contract Documents and Laws, Regulations and Ordinances, Contractor shall be entitled to permit tests to be completed before materials are incorporated in an appropriate Change Order for the workcosts and/or schedule impact of such special testing, inspection or approval, provided that Contractor satisfies the requirements of Articles 13 and 19. C. The Owner will provide (f) At all inspection and testing services times before Substantial Completion, Contractor shall remove or uncover such portions of the finished construction Work as directed by Owner. After examination by any Person and/or Entity designated by Owner, Contractor shall restore the Work to the standard required by the Contract Documents, unless specifically noted . If the Work exposed or examined is not in the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assembly. D. Neither observations by the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the work in accordance conformance with the requirements of the contract documents.Contract Documents, then: E. The Engineer(1) uncovering, removing and restoring the OwnerWork; and (2) delays occasioned thereby and, and their representatives will at all times have access if applicable, recovery of any such delay, shall be the sole responsibility of Contractor. Prior to the work start of construction, Owner and Contractor shall meet to locations where materials determine the general types of construction activities or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted other items of Work that Owner wishes to inspect. Any Work done without prior inspection by Owner after receipt of such materialsnotice may be ordered uncovered, equipmentremoved or restored at Contractor’s sole cost even if the Work proves acceptable after uncovering. Except with respect to Work done contrary to Owner’s inspection requirements as described in the foregoing sentence, and work including full access to purchasing and engineering information, but not including prices, to if Work exposed or examined under this Section 4.2.2 is in conformance with the extent of uncovering, testing, or removing portions requirements of the finished work. The Engineer and Owner Contract Documents, then Contractor shall be furnished with such information as may be required regarding materials used and the process of manufacture entitled to an appropriate Change Order for the various items cost of equipment. Inspections by such efforts and a time extension, provided Contractor satisfies the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documentsArticles 13 and 19. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 1 contract

Sources: Design Build Contract

Inspection and Testing. A. 7.1 All materials and equipment used in the construction of the project will PROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT DOCUMENTS. B. 7.2 The Trade Contractor OWNER shall give sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection and testing services not required by the Contract Documents, unless specifically noted in the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assemblyCONTRACT DOCUMENTS. D. Neither observations 7.3 The CONTRACTOR shall provide at the CONTRACTOR'S expense any testing and inspection services required by the EngineerCONTRACT DOCUMENTS. 7.4 If the CONTRACT DOCUMENTS, and Ownerlaws, tests nor approvals ordinances, rules, regulations or orders of any public authority having jurisdiction require any WORK to specifically be inspected, tested or approved by persons someone other than the Engineer and CONTRACTOR, the CONTRACTOR will give the Owner timely notice of readiness. The CONTRACTOR will then furnish the Owner the required certificates of inspection, testing or approval. 7.5 Inspections, tests or approvals by the Owner shall not relieve the Trade Contractor CONTRACTOR from his the obligations to perform the work WORK in accordance with the requirements of the contract documentsCONTRACT DOCUMENTS. E. 7.6 The Engineer, the Owner, and their ’s representatives will at all times have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished workWORK. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all workWORK, materials, payrolls, records of or personnel, invoices of materials, materials and other relevant data and records. The Trade Contractor shall CONTRACTOR will provide proper facilities for such access and observation of the work WORK and also for any inspection or testing thereof. G. In case 7.7 If any WORK is covered contrary to the written instructions of disputes between the Trade Contractor Owner must, if requested by the Owner be uncovered for the Owner’s observation and replaced at the Engineer as to materials furnished CONTRACTOR'S expense. 7.8 If the Owner considers it necessary or manner of performing the workadvisable that covered WORK be inspected or tested by others, the Owner will have authority to reject materials or suspend the work until the question CONTRACTOR, at issue can be decided by the Owner. The ’s request, will uncover, expose or otherwise make available for observation, inspection or testing as the Owner is authorized to revokemay require, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any that portion of the workWORK in question, furnishing all necessary labor, materials, tools and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, if, however, such WORK is not found to issue instructions contrary be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to the drawings such uncovering, exposure, observation, inspection, testing and specificationsreconstruction and an appropriate CHANGE ORDER shall be issued.

Appears in 1 contract

Sources: Construction Agreement

Inspection and Testing. A. All 17.1 The Inspection and Test Plan shall be prepared by the party specified in the Scope of Work as having responsibility for the preparation of it and shall be followed when any inspection or testing of the Work is performed. 17.2 At all times during the progress of the Work, the Owner shall have the right to inspect or witness any part of the Work. 17.3 The Contractor shall inspect and be solely responsible for the inspection of all workmanship, materials and equipment used furnished by itself or its Subcontractors in the construction respect of the project will be subject Work, to adequate inspection ensure conformity in each and testing every respect to the Contract (including, without limitation, the Construction Documents) and the Law and to ensure that good and proper construction practices are followed and that the Work is performed in accordance with generally accepted standardsa safe and environmentally sound manner. B. The Trade 17.4 If the Law requires testing of any part of the Work, the Contractor shall give provide the Owner with sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated the arrangements for the test and shall thereafter conduct the test in the workcompliance with Law. C. 17.5 The Contractor shall provide the Owner’s Representative with sufficient advance notice of its readiness for any test and the Owner will provide all inspection and shall then promptly witness the test. If the Owner fails to witness the test when scheduled, any re-testing services required by the Owner shall constitute a Change. 17.6 If any portion of the Work is closed or covered by the Contractor without the Owner’s permission and before the Owner has been given the opportunity to perform or witness a required test, then, if required by the Owner, that portion of the Work shall be opened or uncovered for testing and re-closed or recovered, all at the Contractor’s expense and without increasing the Contract DocumentsTime. 17.7 Any Work which must be tested shall not be considered ready for inspection by the Owner until the Contractor has satisfied itself and notified the Owner’s Representative, unless specifically noted that, in the contract specifications for special inspection and testing servicesContractor’s opinion, such as, by way that portion of example, welding inspections on off-site assemblythe Work can successfully pass the test. D. Neither observations 17.8 Any inspection, testing or witnessing of any of the Work or tests by the Engineer, and Owner, tests nor approvals or omission or failure on the part of the Owner to inspect or test any of the Work shall not be construed to be an acceptance of any such Work, or as relieving the Contractor of its responsibilities pursuant to the Contract or the Law. 17.9 The Contractor shall ensure that all tools, equipment, temporary facilities and other items used in accomplishing the Work, whether purchased, rented, manufactured or fabricated by, or under the direction of the Contractor, or otherwise provided by persons the Contractor or Subcontractors, are safe, environmentally sound and maintained in good condition, capable of performing their required functions. In the case of tools, meters and other than devices which require calibration, the Engineer Contractor shall ensure that such calibration is performed on the frequency recommended by the manufacturer and in accordance with normal industry practice. 17.10 The Owner will relieve reserves the Trade right to inspect all tools and equipment brought on to the Work Site at any time during the progress of the Work upon reasonable notice. The Owner’s Representative may require the Contractor from his obligations to perform supply a qualified, independent engineering evaluation or certification that any item in question is suitable for its intended purpose, or to reject any item and require replacement with a proper and suitable item which is satisfactory to the Owner’s Representative and shall constitute a Change with cost to Owner. If any tool or item of equipment is determined via independent engineering evaluation or certification to be unsafe, environmentally unsound or incapable of doing the work for which it is intended, then the Contractor shall pay for the cost of the independent evaluation or certification and repair or replace it with a safe, environmentally sound and suitable tool or item of equipment at the Contractor’s expense. 17.11 The Owner may, at any time during the progress of the Work, conduct additional inspections or tests on any part thereof (in addition to those specified in the Scope of Work), to determine whether the Work is in accordance with the requirements Scope of Work. Such tests shall be at the sole expense of the contract documentsOwner except as otherwise set forth in the Scope of Work. If such additional testing causes a delay in the Scheduled Functional Completion Date, Contractor shall submit to Owner a Change Quotation setting forth the proposed new Scheduled Functional Completion Date in accordance with Section 13.7. E. 17.12 The Engineer, Contractor shall develop and provide to the Owner, and their representatives will at all times have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer Owner’s review and Owner of equipment or materials during its manufacture will be performed by or for approval, an Inspection and Test Plan in time to allow the Owner solely in an effort to detect discrepancies perform the inspections contemplated by this Article 17 – Inspection and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documentsTesting. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 1 contract

Sources: Engineering, Procurement and Construction Contract (Quaker Chemical Corp)

Inspection and Testing. A. 7.1 All materials and equipment used in the construction of the project will shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the contract documents. B. 7.2 The Trade Contractor owner shall give sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection and testing services not required by the Contract Documents, unless specifically noted in contract documents. 7.3 The contractor shall provide at his expense the testing and inspection services required by the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assemblydocuments. D. Neither observations 7.4 If the contract documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested, or approved by the Engineer, and Owner, tests nor approvals by persons someone other than the Engineer and Owner contractor, the contractor will give the engineer timely notice of readiness. The contractor will then furnish the engineer the required certificates of inspection, testing or approval. 7.5 Inspections, tests or approvals by the engineer or others shall not relieve the Trade Contractor contractor from his obligations to perform the work in accordance with the requirements of the contract documents. E. 7.6 The Engineer, the Owner, engineer and their his representatives will at all times have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal Federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall contractor will provide proper facilities for such access and observation of the work and also for any inspection inspection, or testing thereof. G. In case 7.7 If any work is covered contrary to the written instructions of disputes between the Trade Contractor engineer it must, if requested by the engineer, be uncovered for his observation and replaced at the Engineer as to materials furnished contractor's expense. 7.8 If the engineer considers it necessary or manner of performing the workadvisable that covered work be inspected or tested by others, the Owner contractor, at the engineer's request, will have authority to reject materials uncover, expose or suspend otherwise make available for observation, inspection or testing as the work until the question at issue can be decided by the Owner. The Owner is authorized to revokeengineer may require, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any that portion of the workwork in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such work is defective, the contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such work is not found to issue instructions contrary be defective, the contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to the drawings such uncovering, exposure, observation, inspection, testing, and specificationsreconstruction and an appropriate change order shall be issued.

Appears in 1 contract

Sources: Construction Contract

Inspection and Testing. A. All materials and equipment used in the construction 5.1 At any time before delivery or performance of the project will be subject Works (as applicable), the Company (or the Company's customer or any other representative or nominee of the Company) may inspect or test the Works at any reasonable time and the Supplier shall arrange for reasonable facilities at and access to adequate inspection and testing in accordance with generally accepted standardsall premises where such Works are located upon request. B. 5.2 If, after such inspection or testing of the Works as specified in Condition 5.1, the Company (or the Company's customer or any representative or nominee of the Company) are of the reasonable opinion that the Works do not or shall not conform with the Agreement or any specifications or patterns supplied or advised by the Company to the Supplier, the Company shall inform the Supplier and the Supplier must immediately take such action as is necessary to ensure conformity therewith. 5.3 If the Supplier does not immediately take such action as may be necessary to ensure conformity under Condition 5.2, the Company may, without prejudice to any other right or remedy that it may have, cancel the relevant Order or any part or parts of it or terminate this Agreement without any further liability to the Supplier, and where replacement Works are required, the Supplier shall bear the cost of any reasonable expenses incurred by the Company in relation thereto. 5.4 The Trade Contractor Supplier shall promptly provide the Company with such certificate of conformity or other test results or certificates as the Company or its customers may reasonably require from time to time. 5.5 The Supplier shall give sufficient advance the Company adequate notice of placing orders any Works testing which the Supplier may conduct. The Company shall be entitled to permit tests to be completed before materials are incorporated in attend such Works testing if it gives the workSupplier reasonable notice. C. The Owner will provide 5.6 Any inspection, testing, attendance or receipt of test results or certificates by the Company (or the Company's customer or any representative or nominee of the Company) shall not relieve the Supplier of any obligation or liability under the Agreement or any applicable law and shall not imply any acceptance of the Works by the Company. 5.7 For the avoidance of doubt and without limitation to Condition 5.6, all inspection and testing services required by the Contract Documents, unless specifically noted in the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assemblyshall comply with all applicable legislation. D. Neither observations by the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the work in accordance with the requirements of the contract documents. E. The Engineer, the Owner, and their representatives will at all times have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 1 contract

Sources: Conditions of Purchase & Hire

Inspection and Testing. A. 7.1 All materials and equipment used in the construction of the project will shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the contract documents. B. The Trade Contractor shall give sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated in the work. C. 7.2 The Owner will shall provide all inspection and testing services not required by the Contract Documentscontract documents. 7.3 The Contractor shall provide, unless specifically noted in at the Contractor's expense, the testing and inspection services required by the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assemblydocuments. D. Neither observations 7.4 If the contract documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specially be inspected, tested, or approved by the Engineer, and Owner, tests nor approvals by persons someone other than the Contractor, the Contractor will give the Engineer and Owner timely notice or readiness. The Contractor will then furnish the Engineer the required certificates of inspection, testing or approval. 7.5 Inspections, tests, or approvals by the Engineer or others shall not relieve the Trade Contractor from his the obligations to perform the work in accordance with the requirements of the contract documents. E. 7.6 The Engineer and the Engineer, the Owner, and their 's representatives will at all times have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives representative and agents of the Owner and any participating federal or and state agency shall be permitted to inspect all work, materials, payrolls, records of or personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. G. In case 7.7 If any work is covered contrary to the written instructions of disputes between the Trade Contractor and the Engineer as to materials furnished it must, if requested by the Engineer, be uncovered for the Engineer's observation and replacement at the Contractor's expense. 7.8 If the Engineer considers it necessary or manner of performing the workadvisable that covered work be inspected or tested by others, the Owner Contractor, at the Engineer's request, will have authority to reject materials uncover, expose or suspend otherwise make available for observation, inspection or testing as the work until the question at issue can be decided by the Owner. The Owner is authorized to revokeEngineer may require, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any that portion of the workwork in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, if however, such work is not found to issue instructions contrary be defective, the Contractor will be allowed an increase in the contract price, or an extension of the contract time, or both, directly attributable to the drawings such uncovering, exposure, observation, inspection, testing and specificationsreconstruction and appropriate change order shall be issued.

Appears in 1 contract

Sources: Construction Contract

Inspection and Testing. A. (1) All materials and equipment used in the construction of the project will workmanship shall be subject to adequate inspection inspection, examination and testing in accordance with generally accepted standards. B. The Trade Contractor by the Consultant and the University at all times during the performance of the work and at all places where the work is carried on. Except as otherwise herein specified, the University shall give sufficient advance notice pay for the cost of placing orders to permit tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection inspection, examination and testing services required by the Contract DocumentsConsultant or the University. If, unless specifically noted in however, the contract specifications for special tests and any attendant re-inspection and testing services, such as, by way of example, welding inspections on offor re-site assembly. D. Neither observations by examination prove that the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the materials and/or work in accordance with tested do not meet the requirements of the contract documentsContract, then the entire cost of such tests is to be borne by the Contractor. The Consultant will have the right to reject defective material and workmanship furnished by the Contractor or require its correction. The Contractor, without charge therefore, shall satisfactorily and promptly correct all rejected work and replace all rejected material with proper material. E. (2) The EngineerContractor shall promptly segregate and remove from the site of the work all rejected material and work. If the Contractor shall fail to proceed at once with the replacing of rejected material and/or correction of defective workmanship, the OwnerUniversity may, by contract or otherwise, replace such material and/or correct such workmanship, and their representatives will at all times have access charge the costs thereof to the work Contractor and/or it may cancel the Contract and to locations where terminate the Contractor's employment as provided in the Agreement. (3) The Contractor, without additional charge therefore, shall promptly furnish all reasonable facilities, labor and materials or equipment are being manufactured, stored, or prepared necessary for use under these contract documents, the safe and they shall have full facilities for unrestricted convenient inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as testing that may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner Consultant or the University. (4) If the Contract Documents or the Consultant's instructions or the applicable laws, ordinances or regulations of equipment any governmental authority require any part of the work covered by the Contract to be specially tested or materials during inspected, the Contractor shall give the Consultant timely notice of its manufacture will readiness for such testing or inspection or, if the same is to be performed by a governmental authority, of the date fixed therefore. If any such work, without the written permission of the Consultant, should be covered up prior to such testing or inspection, the Contractor, at its sole cost and expense, must, if directed by the Consultant, uncover the same for testing or inspection and reconstruct the Owner solely in same after the tests or inspection are conducted. All certificates of inspection or testing, involving the Contractor's work, required to be obtained from governmental authorities are to be secured by the Contractor at its sole cost and expense. (5) Should it be considered necessary or advisable by the Consultant at any time before final acceptance of the entire work to make an effort examination of work already completed by removing or tearing out same, the Contractor, upon request, shall furnish all necessary facilities, labor and material to detect discrepancies and defects as early as possible, when they can be most readily corrected, and perform such examination. If the work thereby expeditedsubject to such examination is found to be defective or nonconforming in any manner due to the fault of the Contractor or any of its subcontractors, such uncovering or destruction and necessary reconstruction, even though such includes work not covered in the Contract, shall be at the expense of the Contractor. No If, however, such work after testing and examination is found to be satisfactory, the University will pay the Contractor the cost of such uncovering or destruction and reconstruction, such cost to be determined as in the case of extra work as provided in Section 4.02. (6) Inspection of material and furnished articles to be incorporated in the work may be made at the place of production, manufacture or shipment unless otherwise stated herein. The inspection of material and workmanship for final acceptance of equipment as a whole or materials in part will be construed to result from such shop inspections by made at the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion site of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 1 contract

Sources: Construction Contract

Inspection and Testing. A. 7.1 All materials and equipment used in the construction of the project will PROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT DOCUMENTS. B. 7.2 The Trade Contractor OWNER shall give sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection and testing services not required by the Contract Documents, unless specifically noted in the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assemblyCONTRACT DOCUMENTS. D. Neither observations 7.3 The CONTRACTOR shall provide at its expense the testing and inspection services required by the EngineerCONTRACT DOCUMENTS and shall furnish results and findings to the ENGINEER. 7.4 If the CONTRACT DOCUMENTS, and Ownerlaws, tests nor approvals ordinances, rules, regulations or orders of any public authority having jurisdiction require any WORK to specifically be inspected, tested, or approved by persons someone other than the Engineer and Owner CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the ENGINEER the required certificates of inspection, testing or approval. 7.5 Inspections, tests or approvals by the ENGINEER or others shall not relieve the Trade Contractor CONTRACTOR from his obligations the obligation to perform the work WORK in accordance with the requirements of the contract documentsCONTRACT DOCUMENTS. Should inspections or tests reveal defective WORK, the defective WORK shall be promptly remedied by CONTRACTOR at its expense and unsuitable materials shall be rejected/removed, notwithstanding that such WORK and materials have been previously overlooked, accepted or paid for. If the WORK or any part thereof shall be found defective at any time before the final acceptance of the whole WORK, the CONTRACTOR shall forthwith cure, remedy and make good such defect in a manner satisfactory to the ENGINEER, at CONTRACTOR’s sole cost and expense. Nothing in this CONTRACT shall be construed as vesting in the CONTRACTOR any right or property in the materials used after they have been attached or affixed to the WORK or the soil but all such materials shall, upon being so attached or affixed, become the property of the OWNER. E. The Engineer, 7.6 All portions of the OwnerWORK determined by the ENGINEER as failing to conform to the CONTRACT DOCUMENTS shall be taken down and removed and the CONTRACTOR shall promptly replace and re-execute the same in accordance therewith and without expense to the OWNER, and their bear the expense of making good all WORK or property of other Contractors or of the OWNER destroyed or damaged by such removal or replacement. 7.7 The ENGINEER and its representatives will at all times have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished workWORK. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state STATE agency shall be permitted to inspect all workWORK, materials, payrollspayroll, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall CONTRACTOR will provide proper facilities for such access and observation of the work WORK and also for any inspection or testing thereof. G. In case 7.8 If any WORK is covered contrary to the written instructions of disputes between the Trade Contractor ENGINEER, it must, if requested by the ENGINEER, be uncovered for their observation and replaced at the Engineer as to materials furnished CONTRACTOR's expense. 7.9 If the ENGINEER considers it necessary or manner of performing the workadvisable that covered WORK be inspected or tested by others, the Owner CONTRACTOR, at the ENGINEER's request, will have authority to reject materials uncover, expose, or suspend otherwise make available for observation, inspection or testing as the work until the question at issue can be decided by the Owner. The Owner is authorized to revokeENGINEER may require, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any that portion of the workWORK in question, furnishing all necessary labor, materials, tools and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all expenses of such uncovering, exposure, observation, inspection, and testing and of satisfactory reconstruction. If, however, such WORK is found not to issue instructions contrary be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributed to the drawings such uncovering, exposure, observation, inspection, testing and specificationsreconstruction and an appropriate CHANGE ORDER shall be issued.

Appears in 1 contract

Sources: Contract

Inspection and Testing. A. (1) All materials and equipment used in the construction of the project will workmanship shall be subject to adequate inspection inspection, examination and testing in accordance with generally accepted standards. B. The Trade Contractor by the Consultant and the Fund at all times during the performance of the work and at all places where the work is carried on. Except as otherwise herein specified, the Fund shall give sufficient advance notice pay for the cost of placing orders to permit tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection inspec­tion, examination and testing services required by the Contract DocumentsConsultant or the Fund. If, unless specifically noted in however, the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assembly. D. Neither observations by tests prove that the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the materials and/or work in accordance with tested do not meet the requirements of the contract documentsContract, then the entire cost of such tests is to be borne by the Contractor. The Consultant will have the right to reject defective material and workmanship furnished by the Contractor or require its correction. The Contractor, without charge therefor, shall satisfactorily and promptly correct all rejected work and replace all rejected material with proper material. E. (2) The EngineerContractor shall promptly segregate and remove from the site of the work all rejected material and work. If the Contractor shall fail to proceed at once with the replacing of rejected material and/or correction of defective workmanship, the OwnerFund may, by contract or otherwise, replace such material and/or correct such workmanship, and their representatives will at all times have access charge the costs thereof to the work Contractor or it may cancel the Con­tract and to locations where terminate the Contractor's employment as provided in the Agreement. (3) The Contractor, without additional charge therefor, shall promptly furnish all reasonable facilities, labor and materials or equipment are being manufactured, stored, or prepared necessary for use under these contract documents, the safe and they shall have full facilities for unrestricted convenient inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as testing that may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner Consultant or the Fund. (4) If the Contract Documents or the Consultant's instructions or the applicable laws, ordinances or regulations of equipment any governmental authority require any part of the work covered by the Contract to be specially tested or materials during inspected, the Contractor shall give the Consultant timely notice of its manufacture will readiness for such testing or inspection or, if the same is to be performed by a governmental authority, of the date fixed therefor. If any such work, without the written permission of the Consultant, should be covered up prior to such testing or inspection, the Contractor, at its sole cost and expense must, if directed by the Consultant, uncover the same for testing or inspection and reconstruct same after the Owner solely in tests or inspection are conducted. All certificates of inspection or testing, involving the Contractor's work, required to be obtained from governmental authorities are to be secured by the Contractor at its sole cost and expense. (5) Should it be considered necessary or advisable by the Consultant at any time before final acceptance of the entire work to make an effort examination of work already completed by removing or tearing out same, the Contractor, upon request, shall furnish all necessary facilities, labor and material to detect discrepancies and defects as early as possible, when they can be most readily corrected, and perform such examination. If the work thereby expeditedsubject to such examination is found to be defective or nonconforming in any manner due to the fault of the Contractor or any of its subcontractors, such uncovering or destruction and necessary reconstruction, even though such includes work not covered in the Contract, shall be at the expense of the Contractor. No If, however, such work after testing and examination is found to be satisfactory, the Fund will pay the Contractor the cost of such uncovering or destruction and reconstruction, such cost to be determined as in the case of extra work as provided in Section 4.02. (6) Inspection of material and furnished articles to be incorporated in the work may be made at the place of production, manufacture or shipment unless otherwise stated herein. The inspection of material and workmanship for final acceptance of equipment as a whole or materials in part will be construed to result from such shop inspections by made at the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion site of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 1 contract

Sources: Construction Contract

Inspection and Testing. A. All materials 3.9.1 CONSULTANT and equipment used in the construction of the project will be subject to adequate inspection and testing in accordance with generally accepted standards. B. The Trade Contractor PROJECT MANAGER shall give sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection and testing services required by the Contract Documents, unless specifically noted in the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assembly. D. Neither observations by the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the work in accordance with the requirements of the contract documents. E. The Engineer, the Owner, and their representatives will at all times have access to the work WORK, and to locations where materials or equipment are being manufactured, stored, or prepared CMAR shall provide for use under these contract documents, and they shall have full by the CONSULTANT the facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions described in Division 1 of the finished work. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities specifications for such access and observation for inspecting, measuring and testing. 3.9.1.1 Should the CONTRACT DOCUMENTS, CONSULTANT’s instructions, any laws, ordinances, or public authority require any of the work Work to be specially tested or approved, CMAR, shall update the CONSULTANT on a weekly basis by providing a two week look-ahead schedule denoting all activity to be performed and also highlighting those activities that need testing and approval. If the testing or approval is to be made by an authority other than CITY, timely notice shall be given of the date fixed for such testing or approval. Testing shall be made promptly, and where practicable, at the source of supply. If any inspection of the WORK that requires approval is covered up without approval or testing thereofconsent of CONSULTANT, it must, if required by CONSULTANT, be uncovered for examination and properly restored to the satisfaction of the CONSULTANT. G. In case 3.9.1.2 Reexamination of disputes between any of the Trade Contractor WORK may be ordered by CONSULTANT with prior written approval by the PROJECT MANAGER, and the Engineer as to materials furnished or manner of performing the workif so ordered, the Owner will WORK must be uncovered by the CONTRACTOR. If such WORK is found to be in accordance with the CONTRACT DOCUMENTS, CITY shall pay the cost of reexamination and replacement by means of a CHANGE ORDER. If such WORK is not in accordance with the CONTRACT DOCUMENTS, CMAR shall pay such cost to be deducted from the ▇▇▇▇’▇ fee at no additional cost to CITY. 3.9.2 No inspector, employee or agent of the City shall have the authority to reject permit deviations from, nor to modify any of the provisions of the CONTRACT DOCUMENTS nor to delay the contract by failure to inspect the materials and WORK with reasonable promptness without the written permissions or suspend instructions of CONSULTANT and PROJECT MANAGER. 3.9.3 The payment of any compensation, whatever may be its character or form, or the work until giving of any gratuity or the question at issue can be decided granting of any favor by the Owner. The Owner CMAR to any inspector, directly or indirectly, is authorized to revoke, alter, enlarge, relax or release any requirements of these specificationsstrictly prohibited, and to approve or accept any portion such act on the part of the work, and to issue instructions contrary to the drawings and specificationsCMAR will constitute a breach of this contract.

Appears in 1 contract

Sources: Construction Management at Risk Services Agreement

Inspection and Testing. A. All materials 3.9.1 CONSULTANT and equipment used in the construction of the project will be subject to adequate inspection and testing in accordance with generally accepted standards. B. The Trade Contractor PROJECT MANAGER shall give sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection and testing services required by the Contract Documents, unless specifically noted in the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assembly. D. Neither observations by the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the work in accordance with the requirements of the contract documents. E. The Engineer, the Owner, and their representatives will at all times have access to the work WORK, and to locations where materials or equipment are being manufactured, stored, or prepared ▇▇▇▇ shall provide for use under these contract documents, and they shall have full by the CONSULTANT the facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions described in Division 1 of the finished work. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities specifications for such access and observation for inspecting, measuring and testing. 3.9.1.1 Should the CONTRACT DOCUMENTS, CONSULTANT’s instructions, any laws, ordinances, or public authority require any of the work Work to be specially tested or approved, ▇▇▇▇ , shall update the CONSULTANT on a weekly basis by providing a two week look-ahead schedule denoting all activity to be performed and also highlighting those activities that need testing and approval. If the testing or approval is to be made by an authority other than CITY, timely notice shall be given of the date fixed for such testing or approval. Testing shall be made promptly, and where practicable, at the source of supply. If any inspection of the WORK that requires approval is covered up without approval or testing thereofconsent of CONSULTANT, it must, if required by CONSULTANT, be uncovered for examination and properly restored to the satisfaction of the CONSULTANT. G. In case 3.9.1.2 Reexamination of disputes between any of the Trade Contractor WORK may be ordered by CONSULTANT with prior written approval by the PROJECT MANAGER, and the Engineer as to materials furnished or manner of performing the workif so ordered, the Owner will WORK must be uncovered by the CONTRACTOR. If such WORK is found to be in accordance with the CONTRACT DOCUMENTS, CITY shall pay the cost of reexamination and replacement by means of a CHANGE ORDER. If such WORK is not in accordance with the CONTRACT DOCUMENTS, ▇▇▇▇ shall pay such cost to be deducted from the ▇▇▇▇’▇ fee at no additional cost to CITY. 3.9.2 No inspector, employee or agent of the City shall have the authority to reject permit deviations from, nor to modify any of the provisions of the CONTRACT DOCUMENTS nor to delay the contract by failure to inspect the materials and WORK with reasonable promptness without the written permissions or suspend instructions of CONSULTANT and PROJECT MANAGER. 3.9.3 The payment of any compensation, whatever may be its character or form, or the work until giving of any gratuity or the question at issue can be decided granting of any favor by the Owner. The Owner ▇▇▇▇ to any inspector, directly or indirectly, is authorized to revoke, alter, enlarge, relax or release any requirements of these specificationsstrictly prohibited, and to approve or accept any portion such act on the part of the work, and to issue instructions contrary to the drawings and specifications▇▇▇▇ will constitute a breach of this contract.

Appears in 1 contract

Sources: Construction Management at Risk Services Agreement

Inspection and Testing. A. (1) All materials and equipment used in the construction of the project will workmanship shall be subject to adequate inspection inspection, examination and testing in accordance with generally accepted standards. B. The Trade Contractor by the Consultant and the Fund at all times during the performance of the work and at all places where the work is carried on. Except as otherwise herein specified, the Fund shall give sufficient advance notice pay for the cost of placing orders to permit tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection inspection, examination and testing services required by the Contract DocumentsConsultant or the Fund. If, unless specifically noted in however, the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assembly. D. Neither observations by tests prove that the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the materials and/or work in accordance with tested do not meet the requirements of the contract documentsContract, then the entire cost of such tests is to be borne by the Contractor. The Consultant will have the right to reject defective material and workmanship furnished by the Contractor or require its correction. The Contractor, without charge therefor, shall satisfactorily and promptly correct all rejected work and replace all rejected material with proper material. E. (2) The EngineerContractor shall promptly segregate and remove from the site of the work all rejected material and work. If the Contractor shall fail to proceed at once with the replacing of rejected material and/or correction of defective workmanship, the OwnerFund may, by contract or otherwise, replace such material and/or correct such workmanship, and their representatives will at all times have access charge the costs thereof to the work Contractor or it may cancel the Contract and to locations where terminate the Contractor's employment as provided in the Agreement. (3) The Contractor, without additional charge therefor, shall promptly furnish all reasonable facilities, labor and materials or equipment are being manufactured, stored, or prepared necessary for use under these contract documents, the safe and they shall have full facilities for unrestricted convenient inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as testing that may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner Consultant or the Fund. (4) If the Contract Documents or the Consultant's instructions or the applicable laws, ordinances or regulations of equipment any governmental authority require any part of the work covered by the Contract to be specially tested or materials during inspected, the Contractor shall give the Consultant timely notice of its manufacture will readiness for such testing or inspection or, if the same is to be performed by a governmental authority, of the date fixed therefor. If any such work, without the written permission of the Consultant, should be covered up prior to such testing or inspection, the Contractor, at its sole cost and expense must, if directed by the Consultant, uncover the same for testing or inspection and reconstruct same after the Owner solely in tests or inspection are conducted. All certificates of inspection or testing, involving the Contractor's work, required to be obtained from governmental authorities are to be secured by the Contractor at its sole cost and expense. (5) Should it be considered necessary or advisable by the Consultant at any time before final acceptance of the entire work to make an effort examination of work already completed by removing or tearing out same, the Contractor, upon request, shall furnish all necessary facilities, labor and material to detect discrepancies and defects as early as possible, when they can be most readily corrected, and perform such examination. If the work thereby expeditedsubject to such examination is found to be defective or nonconforming in any manner due to the fault of the Contractor or any of its subcontractors, such uncovering or destruction and necessary reconstruction, even though such includes work not covered in the Contract, shall be at the expense of the Contractor. No If, however, such work after testing and examination is found to be satisfactory, the Fund will pay the Contractor the cost of such uncovering or destruction and reconstruction, such cost to be determined as in the case of extra work as provided in Section 4.02. (6) Inspection of material and furnished articles to be incorporated in the work may be made at the place of production, manufacture or shipment unless otherwise stated herein. The inspection of material and workmanship for final acceptance of equipment as a whole or materials in part will be construed to result from such shop inspections by made at the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion site of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 1 contract

Sources: Construction Contract

Inspection and Testing. A. All 18.1 The Contractor shall develop and provide to the Owner, for the Owner’s review and approval, an Inspection and Test Plan in time to allow the Owner to perform the inspections contemplated by this Article 18 - Inspection and Testing. The Contractor shall follow the approved Inspection and Test Plan. 18.2 At all times during the progress of the Work, the Owner or its designate shall have the right to inspect or witness any part of the Work. 18.3 The Contractor shall inspect and be solely responsible for the inspection of all workmanship, materials and equipment used furnished by itself or its Subcontractors in the construction respect of the project will be subject Work, to adequate inspection ensure conformity in each and testing every respect to the Contract and the Law and to ensure that good and proper construction practices are followed and that the Work is performed in accordance with generally accepted standardsa safe and environmentally sound manner. B. The Trade 18.4 If the Law requires testing of any part of the Work, the Contractor shall give provide the Owner with sufficient advance notice of placing orders to permit tests the arrangements for the test. 18.5 If the Owner’s Requirements require any test to be completed before materials are incorporated in witnessed by the work. C. The Owner, the Contractor shall provide the Owner’s Representative with sufficient advance notice of its readiness for the test and the Owner will provide all inspection and or its designate shall then promptly witness the test. If the Owner or its designate fails to witness the test when scheduled, any re-testing services required by the Owner shall constitute a Change. 18.6 If any portion of the Work is closed or covered by the Contractor without the Owner’s permission and before the Owner has been given the opportunity to witness a required test, then, if required by the Owner, that portion of the Work shall be opened or uncovered for testing and re-closed or recovered, all at the Contractor’s expense and without increasing the Contract DocumentsTime. 18.7 Any Work which must be tested shall not be considered ready for inspection by the Owner until the Contractor has satisfied itself and notified the Owner’s Representative, unless specifically noted that, in the contract specifications for special inspection and testing servicesContractor’s opinion, such as, by way that portion of example, welding inspections on off-site assemblythe Work can successfully pass the test. D. Neither observations 18.8 Any inspection, testing or witnessing of any of the Work or tests by the Engineer, and Owner, tests nor approvals or omission or failure on the part of the Owner to inspect or test any of the Work shall not be construed to be an acceptance of any such Work, or as relieving the Contractor of its responsibilities pursuant to the Contract or the Law. 18.9 The Contractor shall ensure that all tools, equipment, temporary facilities and other items used in accomplishing the Work, whether purchased, rented, manufactured or fabricated by, or under the direction of the Contractor, or otherwise provided by persons the Contractor or Subcontractors, are safe, environmentally sound and maintained in good condition, capable of performing their required functions. In the case of tools, meters and other than devices which require calibration, the Engineer Contractor shall ensure that such calibration is performed on the frequency recommended by the manufacturer and in accordance with normal industry practice. 18.10 The Owner will relieve reserves the Trade right to inspect all tools and equipment brought on to the Work Site at any time during the progress of the Work. The Owner’s Representative may require the Contractor from his obligations to perform supply a qualified, independent engineering evaluation or certification that any item in question is suitable for its intended purpose, or to reject any item and require replacement with a proper and suitable item which is satisfactory to the Owner’s Representative. If any tool or item of equipment is deemed by the Owner to be unsafe, environmentally unsound or incapable of doing the work for which it is intended, then the Contractor shall repair or replace it with a safe, environmentally sound and suitable tool or item of equipment at the Contractor’s expense. 18.11 The Owner may, at any time during the progress of the Work, conduct inspections or tests on any part thereof, to determine whether the Work is in accordance with the requirements Owner’s Requirements. Such tests shall be at the sole expense of the contract documents. E. The Engineer, the Owner, unless the result of a Performance Test determines that the Work is not in accordance with the Owner’s Requirements, in which case the Contractor shall reimburse the Owner for such Performance Test and their representatives will at all times have access redo or repair the Work ready for a new Performance Test to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 1 contract

Sources: Epc Contract

Inspection and Testing. A. (1) All materials and equipment used in the construction of the project will workmanship shall be subject to adequate inspection inspection, examination and testing in accordance with generally accepted standards. B. The Trade Contractor by the Consultant and the Fund at all times during the performance of the work and at all places where the work is carried on. Except as otherwise herein specified, the Fund shall give sufficient advance notice pay for the cost of placing orders to permit tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection inspec­tion, examination and testing services required by the Contract DocumentsConsultant or the Fund. If, unless specifically noted in however, the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assembly. D. Neither observations by tests prove that the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the materials and/or work in accordance with tested do not meet the requirements of the contract documentsContract, then the entire cost of such tests and any additional testing and or inspections required until the work is deemed compliant is to be borne by the Contractor. The Consultant will have the right to reject defective material and workmanship furnished by the Contractor or require its correction. The Contractor, without charge therefor, shall satisfactorily and promptly correct all rejected work and replace all rejected material with proper material. E. (2) The EngineerContractor shall promptly segregate and remove from the site of the work all rejected material and work. If the Contractor shall fail to proceed at once with the replacing of rejected material and/or correction of defective workmanship, the OwnerFund may, by contract or otherwise, replace such material and/or correct such workmanship, and their representatives will at all times have access charge the costs thereof to the work Contractor or it may cancel the Con­tract and to locations where terminate the Contractor's employment as provided in the Agreement. (3) The Contractor, without additional charge, shall promptly furnish all reasonable facilities, labor materials or and equipment are being manufacturedwith associated operators necessary for the safe and convenient access, stored, or prepared for use under these contract documents, inspection and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as testing that may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner Consultant or the Fund. (4) If the Contract Documents or the Consultant's instructions or the applicable laws, ordinances or regulations of equipment any governmental authority require any part of the work covered by the Contract to be specially tested or materials during inspected, the Contractor shall give the Consultant timely notice of its manufacture will readiness for such testing or inspection or, if the same is to be performed by a governmental authority, of the date fixed therefor. If any such work, without the written permission of the Consultant, should be covered up prior to such testing or inspection, the Contractor, at its sole cost and expense must, if directed by the Consultant, uncover the same for testing or inspection and reconstruct same after the Owner solely in tests or inspection are conducted. All certificates of inspection or testing, involving the Contractor's work, required to be obtained from governmental authorities are to be secured by the Contractor at its sole cost and expense. (5) Should it be considered necessary or advisable by the Consultant at any time before final acceptance of the entire work to make an effort examination of work already completed by removing or tearing out same, the Contractor, upon request, shall furnish all necessary facilities, labor and material to detect discrepancies and defects as early as possible, when they can be most readily corrected, and perform such examination. If the work thereby expeditedsubject to such examination is found to be defective or nonconforming in any manner due to the fault of the Contractor or any of its subcontractors, such uncovering or destruction and necessary reconstruction, even though such includes work not covered in the Contract, shall be at the expense of the Contractor. No If, however, such work after testing and examination is found to be satisfactory, the Fund will pay the Contractor the cost of such uncovering or destruction and reconstruction, such cost to be determined as in the case of extra work as provided in Sections 4.02 and 4.05A. (6) Inspection of material and furnished articles to be incorporated in the work may be made at the place of production, manufacture or shipment unless otherwise stated herein. The inspection of material and workmanship for final acceptance of equipment as a whole or materials in part will be construed to result from such shop inspections by made at the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion site of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 1 contract

Sources: Construction Contract

Inspection and Testing. A. All materials and equipment used in the construction of the project will be subject to adequate inspection and testing in accordance with generally accepted standards. B. The Trade Contractor shall give sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated in the work. C. The Owner NURA will provide all inspection and testing services required by the Contract Documents, unless specifically noted in the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assembly. D. Neither ▇. ▇▇▇▇▇▇▇ observations by the Engineer, and Owner▇▇▇▇, tests nor approvals by persons other than the Engineer and Owner NURA will relieve the Trade Contractor from his obligations to perform the work in accordance with the requirements of the contract documents. E. The Engineer, the OwnerNURA, and their representatives will at all times have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner NURA shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner NURA of equipment or materials during its manufacture will be performed by or for the Owner NURA solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and OwnerNURA. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner ▇▇▇▇ will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner▇▇▇▇. The Owner NURA is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 1 contract

Sources: Trade Contractor Agreement

Inspection and Testing. A. (1) All materials and equipment used in the construction of the project will workmanship shall be subject to adequate inspection inspection, examination and testing in accordance with generally accepted standards. B. The Trade Contractor by the Consultant and the Fund at all times during the performance of the work and at all places where the work is carried on. Except as otherwise herein specified, the Fund shall give sufficient advance notice pay for the cost of placing orders to permit tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection inspec­tion, examination and testing services required by the Contract DocumentsConsultant or the Fund. If, unless specifically noted in however, the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assembly. D. Neither observations by tests prove that the Engineer, and Owner, tests nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the materials and/or work in accordance with tested do not meet the requirements of the contract documentsContract, then the entire cost of such tests is to be borne by the Contractor. The Consultant will have the right to reject defective material and workmanship furnished by the Contractor or require its correction. The Contractor, without charge therefor, shall satisfactorily and promptly correct all rejected work and replace all rejected material with proper material. E. (2) The EngineerContractor shall promptly segregate and remove from the site of the work all rejected material and work. If the Contractor shall fail to proceed at once with the replacing of rejected material and/or correction of defective workmanship, the OwnerFund may, by contract or otherwise, replace such material and/or correct such workmanship, and their representatives will at all times have access charge the costs thereof to the work Contractor or it may cancel the Con­tract and to locations where terminate the Contractor's employment as provided in the Agreement. (3) The Contractor, without additional charge therefor, shall promptly furnish all reasonable facilities, labor and materials or equipment are being manufactured, stored, or prepared necessary for use under these contract documents, the safe and they shall have full facilities for unrestricted convenient inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as testing that may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment Consultant or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documentsFund. F. In addition(4) If the Contract Documents or the Consultant's instructions or the applicable laws, authorized representatives and agents ordinances or regulations of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access and observation governmental authority require any part of the work covered by the Contract to be specially tested or inspected, the Contractor shall give the Consultant timely notice of its readiness for such testing or inspection or, if the same is to be per­formed by a governmental authority, of the date fixed there­for. If any such work, without the written permission of the Consultant, should be covered up prior to such testing or inspection, the Contractor, at its sole cost and also expense must, if directed by the Consultant, uncover the same for any testing or inspection and reconstruct same after the tests or inspection are conducted. All certificates of inspection or testing thereoftesting, involving the Contractor's work, required to be obtained from governmental authorities are to be secured by the Contractor at its sole cost and expense. G. In (5) Should it be considered necessary or advisable by the Consultant at any time before final acceptance of the entire work to make an examination of work already completed by removing or tearing out same, the Contractor, upon request, shall furnish all necessary facilities, labor and material to perform such examination. If the work subject to such examination is found to be defective or nonconforming in any manner due to the fault of the Contractor or any of its subcontractors, such uncovering or destruction and neces­sary reconstruction, even though such includes work not covered in the Contract, shall be at the expense of the Contractor. If, however, such work after testing and examination is found to be satisfactory, the Fund will pay the Contractor the cost of such uncovering or destruction and reconstruction, such cost to be determined as in the case of disputes between the Trade Contractor extra work as provided in Section 4.02. (6) Inspection of material and the Engineer as furnished articles to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend be incorporated in the work until may be made at the question at issue can be decided by the Ownerplace of production, manufacture or shipment unless otherwise stated herein. The Owner is authorized to revoke, alter, enlarge, relax inspection of material and workmanship for final acceptance as a whole or release any requirements of these specifications, and to approve or accept any portion in part will be made at the site of the work, and to issue instructions contrary to the drawings and specifications.

Appears in 1 contract

Sources: Construction Contract