PRODUCTS, MATERIALS, EQUIPMENT AND SUBSTITUTIONS

PRODUCTS, MATERIALS, EQUIPMENT AND SUBSTITUTIONS


PART 1 - GENERAL

1.1        DEFlNITIONS

A. The  word  "Products,"  as  used  herein,  is  defined  to  include  purchased  items  for incorporation into the work, regardless of whether specifically purchased for the project or taken from Contractor's stock of previously purchased products.  The word "Materials," is defined as products which must be substantially cut, shaped, worked, mixed, finished, refined, or otherwise fabricated, processed, installed, or applied to form units of work. The  word  "Equipment"  is  defined  as  products  with  operational  parts,  regardless  of whether motorized or manually operated, and particularly including products with service connections (wiring, piping, and other like items).  Definitions in this Paragraph are not intended to negate the meaning of other terms used in the Contract Documents, including "specialties," "systems," "structure," "finishes," "accessories," "furnishings," special construction," and similar terms, which are self-explanatory and have recognized meanings in the construction industry.

B. Neither "Products" nor "Materials" nor "Equipment" includes machinery and equipment used for preparation, fabrication, conveying and erection of the work.

1.2        QUALITY ASSURANCE

A. Source Limitations:  To the greatest extent possible for each unit of work, the Contractor shall provide products, materials, and equipment of a singular generic kind from a single source.

B. Compatibility  of  Options:    Where  more  than  one  choice  is  available  as  options  for Contractor's selection of a product, material, or equipment, the Contractor shall select an option which is compatible with other products, materials, or equipment.  Compatibility is a basic general requirement of product, material and equipment selections.

1.3        PRODUCT DELIVERY AND STORAGE

A. The Contractor shall deliver and store the work in accordance with manufacturer's written recommendations and by methods and means which will prevent damage, deterioration, and loss including theft.   Delivery schedules shall be controlled to minimize long-term storage of products at site and overcrowding of construction spaces.  In particular, the Contractor shall ensure coordination to ensure minimum holding or storage times for flammable, hazardous, easily damaged, or sensitive materials to deterioration, theft, and other sources of loss.

1.4        TRANSPORTATION AND HANDLING

A. Products shall be transported by methods to avoid damage and shall be delivered in undamaged condition in manufacturer's unopened containers and packaging.

B. The Contractor shall provide equipment and personnel to handle products, materials, and equipment by methods to prevent soiling and damage.

C. The Contractor shall provide additional protection during handling to prevent marring and otherwise damaging products, packaging, and surrounding surfaces.

1.5        STORAGE AND PROTECTION

A. Products shall be stored in accordance with manufacturer's written instructions and with seals and labels intact and legible.  Sensitive products shall be stored in weather-tight climate controlled enclosures and temperature and humidity ranges shall be maintained within tolerances required by manufacturer's recommendations.

B. For exterior storage of fabricated products, products shall be placed on sloped supports above ground.  Products subject to deterioration shall be covered with impervious sheet covering and ventilation shall be provided to avoid condensation.

C. Loose granular materials shall be stored on solid flat surfaces in a well-drained area and shall be prevented from mixing with foreign matter.

D. Storage  shall  be  arranged  to  provide  access  for  inspection.    The  Contractor  shall periodically  inspect  to  assure  products  are  undamaged  and  are  maintained  under required conditions.

E. Storage shall be arranged in a manner to provide access for maintenance of stored items and for inspection.

1.6        MAINTENANCE OF STORAGE

A. Stored products shall be periodically inspected on a scheduled basis.   The Contractor shall maintain a log of inspections and shall make the log available on request.

B. The  Contractor  shall  comply  with  manufacturer's  product  storage  requirements  and recommendations.

C. The   Contractor   shall   maintain    manufacturer-required    environmental   conditions continually.

D. The Contractor shall ensure that surfaces of products exposed to the elements are not adversely affected and that weathering of finishes does not occur.

E. For mechanical and electrical equipment, the Contractor shall provide a copy of the manufacturer's service instructions with each item and the exterior of the package shall contain notice that instructions are included.

F. Products shall be serviced on a regularly scheduled basis, and a log of services shall be maintained and submitted as a record document prior to acceptance by the Owner in accordance with the Contract Documents.

1.7        PROPOSED SUBSTITUTIONS OR "OR-EQUAL" ITEM

A. Whenever materials or equipment are indicated in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function, and quality required.  If the name is followed by the words "or equal," or “approved or equal,” indicating that a substitution is permitted, materials or equipment of other suppliers may be accepted if sufficient information is submitted  by  the  Contractor  to  allow  the  Owner  to  determine  that  the  material  or
equipment  proposed  is  equivalent  or  equal  to  that  named,  subject  to  the  following requirements:

1. The burden of proof as to the type, function, and quality of any such substitution product, material or equipment shall be upon the Contractor.

2. The Owner will be the sole judge as to the type, function, and quality of any such substitution and the Owner's decision shall be final.

3. The  Owner  may  require  the  Contractor  to  furnish  additional  data  about  the proposed substitution.

4. The  Owner  may  require  the  Contractor  to  furnish  a  special  performance guarantee or other surety with respect to any substitution.

5. Acceptance by the Owner of a substitution item proposed by the Contractor shall not  relieve  the  Contractor  of  the  responsibility  for  full  compliance  with  the Contract Documents and for adequacy of the substitution.

6. The Contractor shall be responsible for resultant changes including design and construction changes resulting from the changes which the accepted substitution requires in the Contractor’s work, the work of its subcontractors and of other contractors.

B.          The procedure for review by the Owner will include the following:

1. If the Contractor wishes to provide a substitution item, the Contractor shall make written application to the Owner on the 'Substitution Request Form."

2. Unless otherwise provided by law or authorized in writing by the Owner, the "Substitution Request Form(s)" shall be submitted within the 35-day period after award of the Contract.

3. Wherever a proposed substitution item has not been submitted within said 35- day period, or wherever the submission of a proposed substitution material or equipment has been judged to be unacceptable by the Owner, the Contractor shall provide the material or equipment specified in the Contract Documents.

4. The Contractor shall certify that the proposed substitution will perform adequately the functions and achieve the results called for by the general design, and be similar and of equal substance to that indicated, and be suited to the same use as that specified.

5. The Owner will evaluate each proposed substitution within a reasonable period of time.

6. As applicable, no shop drawing submittals shall be made for a substitution item nor  shall  any  substitution  item  be  ordered,  installed,  or  utilized  without  the Owner's  prior  written  acceptance  of  the  Contractor's  "Substitution  Request Form."

7. The  Owner  will  record  the  time  required  by  the  Engineer  in  evaluating substitutions  proposed  by  the  Contractor  and  in  making  changes  by  the Contractor in the Contract Documents occasioned thereby.

C. The Contractor's application using the "Substitution Request Forms" shall contain the following  statements  and  information  which  shall  be  considered  by  the  Owner  in evaluating the proposed substitution:

1.         The evaluation and acceptance of the proposed substitution will not prejudice the
Contractor's achievement of substantial completion on time.

2. Whether or not acceptance of the substitution for use in the work will require a change in any of the Contract Documents to adopt the design to the proposed substitution.

3. Whether or not incorporation or use of the substitution in connection with the work is subject to payment of any license fee or royalty.

4. All deviations of the proposed substitution from the items originally specified shall be identified.

5. Available maintenance, repair, and replacement service will be indicated.   The manufacturer shall have a local service agency (within 50 miles of the site) which maintains properly trained personnel and adequate spare parts and is able to respond and complete repairs within 24 hours.

6. Itemized estimate of all costs that will result directly or indirectly from acceptance of such substitution, including cost of redesign and claims of other contractors affected by the resulting change.

D. Without any increase in cost to the Owner, the Contractor shall be responsible for and pay all costs in connection with proposed substitutions and of inspections and testing of equipment or materials submitted for review prior to the Contractor's purchase thereof for incorporation in the work, whether or not the Owner accepts the proposed substitution or proposed equipment or material.   The Contractor shall reimburse the Owner for the charges of the Engineer for evaluating each proposed substitution.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)