Section III
Equipment
And Materials
ART. 8: GENERAL
All materials and equipment
must conform to all Laws now or
which may be in force and
applicable during the period of
construction. The Contractor
shall bear all damages by reason
of any delay in the Work arising
from his failure to comply with
this provision.
Where any revision or
amendment to such Laws is made
during the construction period
which affects the cost or time of
completion of the Contract, a
constructive change in the Work
shall be recognized and a
corresponding Contract Price and
Completion Time adjustment
shall be made.
ART. 9: EQUIPMENT
9.01 QUALITY OF
EQUIPMENT: In order to
establish standards of quality,
the Owner, in the detailed
Specifications may have
referred to certain equipment
by name and catalog number.
This procedure is not to be
construed as eliminating
from competition other
products of equal or better
quality by other
manufacturers where they
are fully suitable in design.
9.02 EQUIPMENT SUBSTITUTION:
The Contractor shall furnish the
complete list of proposed
substitutions preferably prior to
the signing of the Contract
together with such engineering
and catalog data as the Owner
may require. All requests for
substitution of equipment shall be
in writing.
The Owner will approve or
disapprove the request in writing.
No substitute equipment shall be
used unless approved in writing
by the Owner. The Contractor
shall abide by the Owner’s
judgment as to which proposed
substitute items of equipment are
judged to be acceptable.
ART. 10: MATERIALS, FIXTURES,
APPLIANCES, AND FITTINGS
FURNISHED BY THE CONTRACTOR
10.01 SAMPLES OF
MATERIALS: The Contractor
shall furnish for approval
samples as specified or
required. The work shall be in
accordance with approved
samples.
a. Unless otherwise
specified, three samples
shall be submitted, of
adequate size to show
quality, type, color, range,
finish, and texture of
material.
b. Each sample shall be
labelled, bearing the
material’s name and
quality, the Contractor’s
name, date, project name,
and other pertinent data.
c. Where the
Specifications require the
manufacturer’s printed
installation directions,
such directions shall
accompany the samples
submitted for approval.
d. A letter of
transmittal in triplicate
from the Contractor
requesting approval
shall accompany all
sets of samples.
e. Materials requiring prior
approval of the Owner shall
not be ordered until such
approval in writing is given
by the Owner. All materials
shall be furnished
substantially equal in every
respect as the approved
samples.
10.02 TRADE NAME MATERIALS
AND SUBSTITUTES:
a. Whenever an item or class of
materials is specified exclusively
by trade name, by manufacturer’s
name or by catalog reference,
only such item shall be used
except as provided in paragraph
(b) hereof.
b. No substitution shall
be made of any material,
article, or process
required under the
Contract unless the
substitution is approved
in writing by the Owner.
c. The Contractor
shall be responsible
for materials and
articles installed or
used without such
approval.
d. Samples of materials
for use, in reinforced
concrete work such as
steel bars, cement, and
aggregates and their
certificates of origin shall
be approved by the
Owner.
10.03 TESTING SAMPLES OF
MATERIALS:
The Contractor shall submit to the
Owner as many samples as may be
needed for purposes of testing.
Testing of all samples shall comply
with the Specifications and
government standards and shall be
performed by a competent entity or
testing laboratory approved by the
Owner.
All costs of shipment,
delivery, handling and
testing of Contractor-
supplied samples are to
be paid by the
Contractor.
10.04 QUALITY OF
MATERIALS:
Unless otherwise specified, all
materials shall be new and their
quality shall be of the best
grade of their respective kinds
taking into account the nature
of the project and requirements
of the Contract.
10.05 STORAGE AND
STOCKPILING OF MATERIALS:
a. The Owner shall provide the
Contractor, at or near the
project site, sufficient space for
the Contractor’s and Sub-
contractors’ use for storage of
their materials and for erection
of their sheds and tool houses.
b. All cement, lime, and other
materials affected by moisture
shall be stored on platforms and
protected from the weather. The
materials shall be so stored as to
ensure the preservation of their
quality and fitness for the work.
Stored materials shall be so
located so as to facilitate prompt
inspection.
c. Should it be necessary
at any time to move
materials, sheds, or
storage platforms, the
Contractor shall do so at
this own expense.
10.06 DEFECTIVE
MATERIALS:
All materials not conforming to
the Specifications shall be
considered defective. The
Contractor shall remove or
replace defective materials
when ordered to do so by the
Owner.
Upon the Contractor’s failure to do
so, the Owner may remove and
replace them and deduct the cost
of removal and replacement from
any money due or to become due
the Contractor. No materials, the
defects of which have been
subsequently corrected shall be
used until the Owner’s approval is
given.
Should the Specifications,
Drawings, Special Provisions and
Supplementary Specifications fail
to provide any detail or description
concerning the nature and quality
of the Work to be performed it
should be understood that
generally accepted construction
practice shall be followed.
10.07 IMPORTED MATERIALS,
FIXTURES AND EQUIPMENT:
The Contractor, taking into
consideration the Completion
Time, shall make timely
arrangements for the purchase and
delivery of all specified imported
materials, fixtures, appliances and
equipment in order to avoid delay
in the completion of the Work.
No extension of time
shall be allowed if, due to
negligence or
inadvertence of the
Contractor, such imported
items arrive late.
10.08 OWNER’S APPROVAL:
Unless specified to the contrary or
unless the Contractor’s submission
is deficient, equipment, samples or
materials submissions shall be
acted upon by the Owner within
seven (7) working days of
submission by the Contractor.
ART. 11: MATERIALS, EQUIPMENT,
FIXTURES, APPLIANCES AND FITTINGS
FURNISHED BY THE OWNER
Materials, equipment, fixtures, appliances
and fittings specifically indicated in the
Contract shall be provided in accordance
with the Owner-approved construction
schedule. Materials furnished by the Owner
shall be deemed acceptable for the purpose
intended. The Contractor may continue to
use them until otherwise directed in writing
by the Owner.
No further test shall be required unless
the Owner directs otherwise and pays
the cost of such test. If the Contractor
discovers any defect in materials
furnished by the Owner, he shall
advise the Owner in writing. The
Contractor shall be responsible for
material loss of or damage to any
Owner-provided material, equipment,
fixture, appliance or fitting in his
custody.
ART. 12: ROYALTIES AND
PATENTS
The Contractor shall pay all royalties
and license fees on all patented
materials and processes furnished by
him. He shall defend all suits or claims
corresponding thereto for infringement
of any patent rights and shall save the
Owner harmless from loss on account
thereof.
ART. 13: MANUFACTURER’S
DIRECTIONS
All manufactured articles,
materials, equipment, appliances,
fixtures and fittings supplied by
the Contractor shall be applied,
installed, connected, erected, used,
cleaned, and conditioned by him,
in accordance with manufacturer’s
printed directions.
Where reference is made
to the manufacturer’s
directions, the Contractor
shall submit the specified
number of copies of such
directions to the Owner.
Section IV
Premises And
Temporary
Structures
ART. 14: USE OF PREMISES
14.01 LIMITATION OF USE:
The Contractor shall confine his
apparatus, the storage of materials,
and the operations of his workmen
to limits indicated by Law or
directions of the Owner and shall
not unreasonably encumber the
work premises with his materials.
14.02 SAFEGUARD FOR
STRUCTURE:
The Contractor shall not load or
permit any part of the structure to
be loaded with a weight that will
endanger its safety. The Contractor
shall enforce the Owner’s safety
instructions regarding signs,
advertisements, fires and smoking.
ART. 15: TEMPORARY
STRUCTURES AND FACILITIES
15.01 TEMPORARY OFFICE AND
CONTRACTOR’S BUILDING: The
Contractor shall, taking into account
the location and size of the site, at all
times provide and maintain an
adequate weathertight temporary
office with necessary basic facilities
such as water, light, and telephone.
When practicable or depending
upon the nature and complexity
of the project, the Owner may
require the Contractor to
comply with other requirements
for temporary structures and
facilities as provided for in the
Contract.
15.02 TEMPORARY HOUSING
FOR WORKERS:
The temporary buildings for housing
men, or the erection of tents or other
forms of protection will be permitted
only at such places as the Owner shall
designate; provided, however, that if
no particular area is designated, the
Contractor may use his own discretion
in determining such areas in
consultation with the Owner.
The sanitary condition of the
grounds in or about such
structures at the project site
shall at all times be maintained
in a manner satisfactory to the
Owner. Nobody shall be
allowed to sleep or cook within
the building line of the project
under construction.
15.03 SAFETY AND
SANITATION:
The Contractor shall,
from the commencement
of the Work and until its
completion:
(a) furnish and put up all
temporary barricades and
guard lights necessary for
the protection, proper
prosecution and
completion of the Work,
(b) maintain guard
lights at the top of
the falsework tower,
barricades, railings,
etc.;
(c) provide and maintain ample
sanitary toilet accommodation and
other necessary conveniences
including water connections for
the use of personnel and laborers
on the work properly secluded
from public observation in such
manner and at such points as shall
be approved by the Owner, and
their use shall be strictly enforced;
(d) keep such places
clean and free from flies;
and (e) remove all
connections and
appliances connected
therewith prior to the
completion of the Work.
15.04 TEMPORARY SIGNS:
No signs or advertisements will be
allowed to be displayed without the
Owner’s approval. The Contractor may
erect one painted sign, giving the
names and addresses of the Owner, the
Contractor, and the various sub-
contractors. The Owner shall approve
the size, color, lettering, and location
of such temporary signs.
15.05 TEMPORARY OR
TRIAL USAGE:
Temporary or trial usage by the Owner
of any mechanical device, machinery,
apparatus, equipment, or any work or
materials supplied by the Contractor
before final completion and written
acceptance by the Owner shall not be
construed as evidence that the Owner
has accepted it.
Such test run shall be made by the
Owner for such reasonable length
of time, as the Owner shall deem
necessary. The Owner shall not be
liable for injury to or breaking of
any part of such work which may
be caused by weakness or
inaccuracy of structural parts or by
defective materials or
workmanship.
The Contractor may, at
his own expense, make
such trial usage with
prior notice to and for
the benefit of the
Owner.
