Common use of Materials & Equipment Clause in Contracts

Materials & Equipment. 3.9.1 Unless otherwise provided in the Contract, Design Build Contractor shall provide and assume full responsibility for Products, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, transportation, temporary facilities, supplies, and other facilities and incidentals necessary for Furnishing, performing, testing, starting-up, and completing the Work. 3.9.1.1 Design Build Contractor, Subcontractors, and Suppliers shall use Ultra Low Sulfur Diesel Fuel in all diesel operating vehicles and motorized equipment utilized in performing the Work. Ultra Low Sulfur Diesel Fuel is defined as diesel fuel having 15 ppm or the applicable standard set by state or federal law or rules and regulations of the Texas Commission on Environmental Quality, or the Environmental Protection Agency, whichever is less, in sulfur content. Off-road Ultra Low Sulfur Diesel Fuel may be used in lieu of on-road Ultra Low Sulfur Diesel Fuel. Design Build Contractor shall provide, upon request by City Engineer, proof that Design Build Contractor, Subcontractors, and Suppliers are using Ultra Low Sulfur Diesel Fuel. 3.9.2 Design Build Contractor shall provide Products that are: 1. new, unless otherwise required or permitted by the Contract, and of ownership shall not alleviate Design Build Contractor’s responsibility for corrective action should the material become defective or be determined by the City Engineer to not be in compliance with the Contract Documents.

Materials & Equipment. 3.9.1 Unless otherwise provided in the Contract, Design Build Contractor shall provide and assume full responsibility for Products, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, transportation, temporary facilities, supplies, and other facilities and incidentals necessary for Furnishing, performing, testing, starting-up, and completing the Work. 3.9.1.1 Design Build Contractor, Subcontractors, and Suppliers shall use Ultra Low Sulfur Diesel Fuel in all diesel operating vehicles and motorized equipment utilized in performing the Work. Ultra Low Sulfur Diesel Fuel is defined as diesel fuel having 15 ppm or the applicable standard set by state or federal law or rules and regulations of the Texas Commission on Environmental Quality, or the Environmental Protection Agency, whichever is less, in sulfur content. Off-road Ultra Low Sulfur Diesel Fuel may be used in lieu of on-road Ultra Low Sulfur Diesel Fuel. Design Build Contractor shall provide, upon request by City EngineerDirector, proof that Design Build Contractor, Subcontractors, and Suppliers are using Ultra Low Sulfur Diesel Fuel. 3.9.2 Design Build Contractor shall provide Products that are: 1. 3.9.2.1 new, unless otherwise required or permitted by the Contract, and of ownership shall not alleviate Design Build Contractor’s responsibility for corrective action should the material become defective or be determined by the City Engineer to not be in compliance with the Contract Documents.and