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2018-044A
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Last modified
12/21/2020 1:05:14 PM
Creation date
3/12/2018 11:10:29 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/06/2018
Control Number
2018-044A
Agenda Item Number
8.J.
Entity Name
Advanced Roofing
Subject
Health Department Roof Replacement and Exterior Repair
Project Number
IRC-1736
Bid Number
2018013
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i.. <br />;t <br />-a. <br />ENGINEER's sole discretion, be accomplished. <br />without compliance with some or all of the <br />requirements for approval of proposed substi- <br />tute items. For the purposes of this paragraph <br />6.05.A.1, a proposed item of material or <br />equipment will. be considered functionally equal <br />to an item so named if <br />a. in the exercise of reasonable. <br />judgment ENGINEER determines that: (i) it <br />is at least equal in quality, durability,., <br />appearance, strength, and design. <br />characteristics; (ii) it will reliably perform at. <br />least equally well the function imposed by <br />the design concept of the completed Project <br />as a functioning whole, and; , <br />b. CONTRACTOR certifies that: (i) <br />there is no increase in cost to the OWNER; <br />and (ii) it will conform substantially, even <br />with deviations, to the detailed requirements <br />of the item named in the Contract <br />Documents. <br />2. Substitute Items <br />a. If in ENGINEER's sole discretion an <br />item of material or equipment proposed by <br />CONTRACTOR does not qualify as an <br />"or -equal" item under paragraph 6.05.A.1, it <br />will be considered a proposed substitute <br />item. <br />b. CONTRACTOR shall submit suffi- <br />cient information as provided below to allow <br />ENGINEER to determine that the item of <br />material or equipment proposed is <br />essentially equivalent to that named and an <br />acceptable substitute therefor. Requests for <br />review of proposed substitute items of <br />material or equipment will not be accepted <br />by ENGINEER from anyone other than - <br />CONTRACTOR. <br />c. The procedure for. review by ENGI- <br />NEER will be as set forth in paragraph <br />6.05.A.2.d, as supplemented in the General <br />Requirements and as ENGINEER may <br />decide is appropriate under the <br />circumstances. , <br />d. CONTRACTOR shall first make <br />written application to ENGINEER for review <br />of a proposed. substitute item of material or <br />equipment that CONTRACTOR seeks to <br />furnish or use. The application shall certify <br />that the proposed substitute item will <br />perform adequately. the functions • and <br />achieve the results called for by the general <br />design, be similar in substance to that <br />specified, and be suited to the same use as <br />that specified. The application will state the <br />extent, if any, to which the use of the pro- <br />posed substitute item will prejudice <br />CONTRACTOR's achievement of Substan- <br />tial Completion on time, whether or not use <br />of the proposed substitute item in the Work <br />will require a change in any of the Contract <br />Documents (or in the provisions of any other <br />direct contract with OWNER for work on the <br />Project) to adapt the design to the proposed <br />substitute item and whether or not <br />incorporation or use of the proposed substi- <br />tute item in connection with the Work is sub- <br />ject to payment of any license fee or royalty. <br />All variations of the proposed . substitute <br />item from that specified will be identified in <br />the application, and available engineering, <br />sales, maintenance, repair, and <br />replacement services will be indicated. The <br />application will also contain an itemized esti- <br />mate of all costs or credits that will result <br />directly or indirectly from use of such <br />substitute item, including costs of redesign <br />and claims of other contractors affected by <br />any resulting change, all of which will be <br />considered by ENGINEER in evaluating the <br />proposed substitute item. ENGINEER may <br />require CONTRACTOR to furnish additional <br />data about the proposed substitute item. <br />B. Substitute Construction Methods or Proce- <br />dures: If a specific means, method, technique, se- <br />quence, or procedure of construction is shown or <br />Indicated in and expressly required by the Contract <br />Documents, CONTRACTOR may furnish or utilize a <br />substitute means, method, technique, sequence, or <br />procedure of construction approved by ENGINEER. <br />CONTRACTOR shall submit sufficient information to <br />allow ENGINEER, in ENGINEER's sole discretion, to <br />determine that the substitute proposed is equivalent to <br />that expressly called for by the Contract Documents. <br />The procedure for review by ENGINEER will be similar <br />to that provided in subparagraph 6.05.A2. <br />C. Engineer's Evaluation: ENGINEER will be <br />allowed a reasonable time within which to evaluate <br />each proposal or submittal made pursuant to para- <br />graphs 6.05.A and 6.05.13. ENGINEER will be the <br />sole judge of acceptability. No "or -equal" or substitute <br />will be ordered, installed or utilized until ENGINEER's <br />review is complete, which will be evidenced by either a <br />.Change Order for a substitute or an approved Shop <br />Drawing for an "or equal." ENGINEER will advise <br />00700 - General Conditions Master <br />00700-20 <br />F:IPublic Works%ENGINEERING DIVISION PROJECTSM35 IRC Health Department Roof Replacement Projecitl,4dmin0d DocumentsWastar Contract Documents\00700 -General <br />Conditions Master.doc <br />
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