Chapter 5.45
CONTROL OF MATERIAL
Sections:
5.45.010 Source of supply and quality of materials.
5.45.020 Quality in absence of detailed specifications.
5.45.030 Drawings, samples and tests.
5.45.040 District furnished materials.
5.45.060 Acquisition of materials.
5.45.070 Storage of materials.
5.45.090 Trade names and alternatives.
5.45.100 Certificates of compliance.
5.45.110 Salvage of existing materials.
5.45.010 Source of supply and quality of materials.
Prior to commencement of any work, the contractor shall submit to the District a list of the suppliers or sources of all materials to be incorporated in the work. This list shall be approved by the District before any of the materials are delivered to the job site.
Only new materials conforming to the requirements of these specifications and approved by the District shall be used in the work. All materials proposed for use may be inspected or tested at any time during their preparation and use. After trial, if it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the contractor shall furnish approved material from other approved sources. No material which, after approval, has in any way become unfit for use shall be used in the work. Manufacturer’s guarantees, instructions and parts lists shall be delivered to the District before acceptance of the work. All materials shall be manufactured, handled, and used in a workmanlike manner to insure completed work in accordance with the plans and specifications. [Ord. 2014-2 (Att. § 9-01).]
5.45.020 Quality in absence of detailed specifications.
Whenever under the contract, permit or agreement, the contractor is required to furnish materials or manufactured articles or to do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first class material or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. [Ord. 2014-2 (Att. § 9-02).]
5.45.030 Drawings, samples and tests.
As soon as possible after execution of the contract or issuance of the permit, the contractor shall submit to the District, in triplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of the specifications and drawings. If the information thus submitted indicates the equipment or material is acceptable, the District will return one copy stamped with his approval; otherwise one copy will be returned with an explanation why the equipment or material is unsatisfactory. The contractor shall have no claim for damages or extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the contractor’s risk. After approval of the equipment or material the contractor shall not deviate in any way from the design and specifications given without the written consent of the District. When requested by the District, sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the contractor and furnished by him in such quantities and sizes as may be required for proper examinations and tests, with all freight charges prepaid and with information as to their sources.
All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examinations before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the contractor shall be made by the District in accordance with recognized standard practice. No material shall be used in the work unless or until it has been approved by the District. Samples will be secured and tested whenever necessary to determine the quality of the material. [Ord. 2014-2 (Att. § 9-03).]
5.45.040 District furnished materials.
The contractor shall furnish all materials required to complete the work, except such materials as are designated on the plans or in the special provisions to be furnished by the District.
Upon written request of the contractor, materials to be furnished by the District will be delivered to him within a reasonable time at the points designated in the special provisions, or if not designated in the special provisions, then to the project. They shall be unloaded and hauled to the site of the work by the contractor at his expense, the cost of handling and placing all materials after they are delivered to the contractor shall be considered as included in the contract prices paid for the items in connection with which they are used.
The contractor will be held responsible for all materials delivered to him, and deductions will be made from any monies due him to make good any shortages and deficiencies, for any cause whatsoever, which may occur after such delivery, or for any demurrage charges due to delinquency in unloading. [Ord. 2014-2 (Att. § 9-04).]
5.45.050 Local materials.
The contractor shall satisfy himself as to the quantity of acceptable material which may be produced or obtained at local sources, and the District will not assume any responsibility as to the quantities or quality of acceptable material available.
When tests of materials from sources in the vicinity of the work have been made by the District, the results of such tests will be available to the contractor or to prospective bidders on inquiry at the office of the District. This information is furnished for the contractor’s or the bidder’s convenience only and the District does not guarantee such tests and assumes no responsibility whatever as to the accuracy thereof or the interpretation thereof stated in the test records. [Ord. 2014-2 (Att. § 9-05).]
5.45.060 Acquisition of materials.
The contractor shall have on hand, at the time he starts construction of any section of the work, all materials necessary to complete in a reasonable length of time, all work which would create a hazard or inconvenience if not completed. [Ord. 2014-2 (Att. § 9-06).]
5.45.070 Storage of materials.
Materials shall be so stored as to insure the preservation of their quality and fitness for the work. When considered necessary by the District, they shall be placed on wooden platforms or other hard, clean surfaces and not on the ground. They shall be placed under cover when so directed. Stored materials shall be so located as to facilitate prompt inspection.
All surplus piping materials shall be removed from the site of the work within five days after completion of the pipe laying. [Ord. 2014-2 (Att. § 9-07).]
5.45.080 Defective materials.
All materials not conforming to the requirements of the specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected. They shall be removed immediately from the 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 approval in writing has been given by the District. Upon failure on the part of the contractor to comply promptly with any order of the District made under the provisions of this section, the District shall have the authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the contractor. [Ord. 2014-2 (Att. § 9-08).]
5.45.090 Trade names and alternatives.
For convenience and designation on the plans or in the specifications, certain equipment or articles or materials may be designated under trade names or the names of the manufacturers and with catalog information. Use of alternative equipment or an article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the approval of the District.
The burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the contractor and he shall furnish, at his expense, all information necessary or related thereto as required by the District. The District shall be the sole judge as to the comparative quality and suitability of alternate equipment or articles or materials and its decision shall be final. All additional costs required for redesign or modifications required to accommodate the substituted materials and/or equipment shall also be at the expense of the contractor. [Ord. 2014-2 (Att. § 9-09).]
5.45.100 Certificates of compliance.
The Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a certificate of compliance stating that the materials involved comply in all respects with the requirements of the specifications. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials. A certificate of compliance must be furnished with each lot of material delivered to the work and the lot so certified must be clearly identified in the certificate.
All materials used on the basis of a certificate of compliance may be sampled and tested at any time. The fact that material is used on the basis of a certificate of compliance shall not relieve the contractor of responsibility for incorporating material in the work which conforms to the requirements to the plans and specifications and any such material not conforming to such requirements will be subject to rejection whether in place or not.
The District reserves the right to refuse to permit the use of material on the basis of a certificate of compliance. The form of the certificate of compliance and its disposition shall be as directed by the District. [Ord. 2014-2 (Att. § 9-10).]
5.45.110 Salvage of existing materials.
Unless otherwise indicated in the special provisions or permitted by the District, all old castings for manholes, rodholes, etc., and any other salvage construction materials which have been a part of the District’s sewerage system may be claimed by the District and if so claimed such materials shall be delivered to the District yard. [Ord. 2014-2 (Att. § 9-11).]