2016-188A - Laserfiche WebLink

Home Browse Search

b. CONTRACTOR shall submit suffi- 6.05 Substitutes and "Or-Equals" cient information as provided below to allow ENGINEER to determine that the item of A. Whenever an item of material or equipment is material or equipment proposed is specified or described in the Contract Documents by essentially equivalent to that named and an using the name of a proprietary item or the name of a acceptable substitute therefor. Requests for particular Supplier, the specification or description is review of proposed substitute items of intended to establish the type, function, appearance, material or equipment will not be accepted and quality required. Unless the specification or by ENGINEER from anyone other than description contains or is followed by words reading CONTRACTOR. that no like, equivalent, or "or-equal". item or no substitution is permitted, other items of material or c. The procedure for review by ENGI- equipment or material or equipment of other Suppliers NEER will be as set forth in paragraph may be submitted to ENGINEER for review under the 6.05.A.2.d, as supplemented in the General circumstances described below. Requirements and as ENGINEER may decide is appropriate under the 1. "Or-Equal" Items: If in ENGINEER's circumstances. sole discretion an item of material or equipment proposed by CONTRACTOR is functionally d. CONTRACTOR shall first make equal to that named and sufficiently similar so written application to ENGINEER for review that no change in related Work will be required, of a proposed substitute item of material or it may be considered by ENGINEER as an equipment that CONTRACTOR seeks to "or-equal" item, in which case review and furnish or use. The application shall certify approval of the proposed item may, in that the proposed substitute item will ENGINEER's sole discretion, be accomplished perform adequately the functions and without compliance with some or all of the achieve the results called for by the general requirements for approval of proposed substi- design, be similar in substance to that tute items. For the purposes of this paragraph specified, and be suited to the same use as 6.05.A.1, a proposed item of material or that specified. The application will state the equipment will be considered functionally equal extent, if any, to which the use of the pro- to an item so named if: posed substitute item will prejudice CONTRACTOR's achievement of Substan- a. in the exercise of reasonable tial Completion on time, whether or not use judgment ENGINEER determines that: (i) it of the proposed substitute item in the Work is at least equal in quality, durability, will require a change in any of the Contract appearance, strength, and design Documents (or in the provisions of any other characteristics; (ii) it will reliably perform at direct contract with OWNER for work on the least equally well the function imposed by Project) to adapt the design to the proposed the design concept of the completed Project substitute item and whether or not as a functioning whole, and; incorporation or use of the proposed substi- tute item in connection with the Work is Bub- b. CONTRACTOR certifies that: (i) ject to payment of any license fee or royalty. there is no increase in cost to the OWNER; All variations of the proposed substitute and (ii) it will conform substantially, even item from that specified will be identified in with deviations, to the detailed requirements the application, and available engineering, of the item named in the Contract sales, maintenance, repair, and Documents. replacement services will be indicated. The application will also contain an itemized esti- 2. Substitute Items mate of all costs or credits that will result directly or indirectly from use of such a. If in ENGINEER's sole discretion an substitute item, including costs of redesign item of material or equipment proposed by and claims of other contractors affected by CONTRACTOR does not qualify as an any resulting change, all of which will be "or-equal" item under paragraph 6.05.A.1, it considered by ENGINEER in evaluating the will be considered a proposed substitute proposed substitute item. ENGINEER may item. require CONTRACTOR to furnish additional data about the proposed substitute item. 00700-General Conditions REV 5-10-13 00700-20 RXPublic Works\ENGINEERING DIVISION PROJECTS11049_8th Sl Sidewalk Improvements(58th Ave to 21 st Court)W.dmim\bid documents\LAP DocumentsWaster Contract Documents\00700-General Conditions REV 5-10-13.doc