Common use of Materials Generally Clause in Contracts

Materials Generally. A. Unless otherwise specifically provided in the Contract Documents, the CM shall provide and pay for materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. (1) The name of the member of the CM or Subcontractor that leases or owns the warehouse or other storage facility; (2) The location of such storage facility, including the storage space; i.e., the entire premises or certain areas of a warehouse giving the number of floors or portions thereof, and a certification that the CM has visited such location, verified the storage of such material or equipment therein or thereon (including confirmation that the materials or equipment are marked and segregated as provided below), and verified payment of all current storage charges; (3) The date(s) on which the material or equipment is first stored at such facility; and (4) A description of the materials or equipment stored, including quantities, types, manufacturers and other identification information, such as serial numbers. FOR DCAMM USE ONLY The CM shall furnish to DCAMM, not less often than once per month, a current inventory of all materials or equipment being stored at any off-site location. The CM shall mark each sealed carton or other item with the name of the Project and DCAMM, and all materials or equipment stored off-site shall be segregated to the extent required by DCAMM or the Designer. Payment for materials or equipment stored off-site shall be at the reasonable discretion of DCAMM, taking into account the schedule requirements of the Work. Title to materials or equipment stored off-site shall be transferred at the time at which DCAMM pays for them, free of any lien or other interest of the Supplier or any other lien or encumbrance. Notwithstanding such transfer of title, the CM shall retain sole care, custody and control of, and shall have complete responsibility for the security and protection of, all materials or equipment included in any Application for Payment which are stored at locations other than the site, and the CM assumes all risk of loss or damage to such materials or equipment, and the CM shall hold harmless DCAMM from and against all liabilities arising out of or resulting from loss or damage, from any cause, to such materials or equipment for which payment is requested, including liens, security interests or other claims of any kind by Suppliers or other third parties relating to such materials or equipment. B. Materials and equipment to be installed as part of the Work (both or either of which are hereinafter referred to as "materials") shall be new, unused, of recent manufacture, assembled, and used in accordance with the best construction practices. The CM shall inform itself as to, and shall comply with, the provisions of M.G.L. c. 7, § 23A, as amended, and shall abide by the same and all applicable rules, regulations and orders made thereunder in relation to the purchase of supplies and materials in the execution of the Work, including the provisions of M.G.L. c.7, § 22, paragraph 17 which provides that there be "a preference in the purchase of supplies and materials, other considerations being equal, in favor, first, of supplies and materials manufactured and sold within the Commonwealth, and, second, of supplies and materials manufactured and sold elsewhere within the United States."

Materials Generally. A. Unless otherwise specifically provided in the Contract Documents, the CM shall provide and pay for materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. B. The CM shall obtain prior written Approval for permission to store materials or equipment to be incorporated in the Work for which progress payments will be requested at off-Site locations. Any and all charges for storage, inspection, and verification by the Designer and DCAMM, including insurance, shall be borne solely by the CM. Before Approval, DCAMM may require, without limitation: (1) evidence that the off-Site location is properly secure; (2) proper proof of insurance and proof of satisfactory contractual arrangements for transportation to the Site; and (3) a certificate from the CM stating: (a) The name of the member of the CM or Subcontractor that leases or owns the warehouse or other storage facility; (2b) The location of such storage facility, including the storage space; i.e., the entire premises or certain areas of a warehouse giving the number of floors or portions thereof, and a certification that the CM has visited such location, verified the storage of such material or equipment therein or thereon (including confirmation that the materials or equipment are marked and segregated as provided below), and verified payment of all current storage charges; (3c) The date(s) on which the material or equipment is first stored at such facility; andand For DCAMM Use Only (4d) A description of the materials or equipment stored, including quantities, types, manufacturers and other identification information, such as serial numbers. FOR DCAMM USE ONLY The CM shall furnish to DCAMM, not less often than once per month, a current inventory of all materials or equipment being stored at any off-site Site location. The CM shall mark ▇▇▇▇ each sealed carton or other item with the name of the Project and DCAMM, and all materials or equipment stored off-site Site shall be segregated to the extent required by DCAMM or the Designer. Payment for materials or equipment stored off-site Site shall be at the reasonable discretion of DCAMM, taking into account the schedule requirements of the Work. Title to materials or equipment stored off-site Site shall be transferred at the time at which DCAMM pays for them, free of any lien or other interest of the Supplier supplier or any other lien or encumbrance. Notwithstanding such transfer of title, the CM shall retain sole care, custody and control of, and shall have complete responsibility for the security and protection of, all materials or equipment included in any Application application for Payment payment which are stored at locations other than the siteSite, and the CM assumes all risk of loss or damage to such materials or equipment, and the CM shall hold harmless DCAMM from and against all liabilities arising out of or resulting from loss or damage, from any cause, to such materials or equipment for which payment is requested, including liens, security interests or other claims of any kind by Suppliers suppliers or other third parties relating to such materials or equipment. B. C. Materials and equipment to be installed as part of the Work (both or either of which are hereinafter referred to as "materials") shall be new, unused, of recent manufacture, assembled, and used in accordance with the best construction practices. The CM shall inform itself as to, and shall comply with, the provisions of M.G.L. c. 7, § 23A, as amended, and shall abide by the same and all applicable rules, regulations and orders made thereunder in relation to the purchase of supplies and materials in the execution of the Work, including the provisions of M.G.L. c.7, § 22, paragraph 17 which provides that there be "a preference in the purchase of supplies and materials, other considerations being equal, in favor, first, of supplies and materials manufactured and sold within the Commonwealth, and, second, of supplies and materials manufactured and sold elsewhere within the United States."