(a)
Standards of Materials. Wherever the name or brand of a manufacturer’s article is specified herein, it is used as a measure of quality and utility or a standard. If the contractor desires to use any other brand or manufacture of equal quality and utility to that specified, he shall make application to the District, in writing, and submit samples if requested. The District will then determine whether or not the brand or article is equal in quality and utility to that specified and the decision shall be final.
(b)
Samples and Tests. At the option of the District, the source of supply of each of the materials shall be approved by the District before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work, for testing or examination as desired by the District.
All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in these provisions.
The contractor shall furnish such samples of materials as are requested by the District without charge. No material shall be used until it has been approved by the District. Samples will be secured and tested whenever necessary to determine the quality of material.
(c)
Inspection and Testing of Materials. The contractor shall notify the District a sufficient time in advance of the manufacture or production of materials to be supplied by him in order that the District may arrange for mill or factory inspection and testing of the same.
Any material shipped by the contractor from the factory prior to having satisfactorily passed testing and inspection by the District’s representative, or prior to the receipt of notice from said representative that such testing and inspection will not be required, shall not be incorporated on the job.
The contractor shall also furnish to the District in triplicate certified copies of all required factory and mill test reports.
(d)
Inspection of Materials by the Contractor. The contractor shall make a close inspection of all materials delivered and shall promptly return all defective materials without waiting for their rejection by the District.
(e)
Defective Materials. All materials not conforming to the requirements of these provisions shall be considered as defective, and all such materials, whether in place or not, shall be rejected and shall be removed immediately from site of the work unless otherwise permitted by the District. No rejected material, the defects of which have been subsequently corrected, shall be used until approved in writing by the District.
Upon failure on the part of the contractor to comply with any order of the District made under the provisions of this Article, the District shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any moneys due or to become due the contractor.
(f)
Contractor to Bear Cost and Expense of Samples and Tests. The contractor shall furnish such samples and tests of materials as are requested by the District. The prices paid for the various items of work shall include full compensation for furnishing said samples and tests and no extra allowance shall be made therefor.
(Added, § 1, Ord. 35, 04-06-1959; amended, § 1, Ord. 52, 08-05-1975; § 1, Ord. 162, 07-01-2014; § 1, Ord. 169, 05-03-2016)
[1]
Previously 3010.