2020-127B - Laserfiche WebLink

Home Browse Search

characteristics; (ii) it will reliably perform at license fee or royalty. All variations of the least equally well the function imposed by proposed substitute item from that specified the design concept of the completed Project will be identified in the application, and as a functioning whole, and; available engineering, sales, maintenance, repair, and replacement services will be b. CONTRACTOR certifies that: (i) there indicated. The application will also contain is no increase in cost to the OWNER; and (ii) an itemized estimate of all costs or credits it will conform substantially, even with that will result directly or indirectly from use deviations, to the detailed requirements of of such substitute item, including costs of the item named in the Contract Documents. redesign and claims of other contractors affected by any resulting change, all of which 2. Substitute Items will be considered by ENGINEER in evaluating the proposed substitute item. a. If in ENGINEER's sole discretion an ENGINEER may require CONTRACTOR to item of material or equipment proposed by furnish additional data about the proposed CONTRACTOR does not qualify as an substitute item. "or-equal" item under paragraph 6.05.A.1, it will be considered a proposed substitute B. Substitute Construction Methods or Proce- item. dures: If a specific means, method, technique, se- quence, or procedure of construction is shown or b. CONTRACTOR shall submit suffi- indicated in and expressly required by the Contract cient information as provided below to allow Documents, CONTRACTOR may furnish or utilize a ENGINEER to determine that the item of substitute means, method, technique, sequence, or material or equipment proposed is procedure of construction approved by ENGINEER. essentially equivalent to that named and an CONTRACTOR shall submit sufficient information to acceptable substitute therefor. Requests for allow ENGINEER, in ENGINEER's sole discretion, to review of proposed substitute items of determine that the substitute proposed is equivalent to material or equipment will not be accepted that expressly called for by the Contract Documents. by ENGINEER from anyone other than The procedure for review by ENGINEER will be similar CONTRACTOR. to that provided in subparagraph 6.05.A.2. c. The procedure for review by ENGI- C. Engineer's Evaluation: ENGINEER will be NEER will be as set forth in paragraph allowed a reasonable time within which to evaluate 6.05.A.2.d, as supplemented in the General each proposal or submittal made pursuant to para- Requirements and as ENGINEER may graphs 6.05.A and 6.05.B. ENGINEER will be the sole decide is appropriate under the judge of acceptability. No "or-equal" or substitute will circumstances. be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a d. CONTRACTOR shall first make Change Order for a substitute or an approved Shop written application to ENGINEER for review Drawing for an "or equal." ENGINEER will advise of a proposed substitute item of material or CONTRACTOR in writing of any negative equipment that CONTRACTOR seeks to determination. furnish or use. The application shall certify that the proposed substitute item will perform D. Special Guarantee: OWNER may require adequately the functions and achieve the CONTRACTOR to furnish at CONTRACTOR's ex- results called for by the general design, be pense a special performance guarantee or other surety similar in substance to that specified, and be with respect to any substitute. suited to the same use as that specified. The application will state the extent, if any, to E. ENGINEER's Cost Reimbursement.- eimbursement.which whichthe use of the proposed substitute ENGINEER will record time required by ENGINEER item will prejudice CONTRACTOR's and ENGINEER's Consultants in evaluating substitute achievement of Substantial Completion on proposed or submitted by CONTRACTOR pursuant to time, whether or not use of the proposed paragraphs 6.05.A.2 and 6.05.13 and in making substitute item in the Work will require a changes in the Contract Documents (or in the change in any of the Contract Documents (or provisions of any other direct contract with OWNER for in the provisions of any other direct contract work on the Project) occasioned thereby. Whether or with OWNER for work on the Project) to not ENGINEER approves a substitute item so pro- adapt the design to the proposed substitute posed or submitted by CONTRACTOR, CON- item and whether or not incorporation or use TRACTOR shall reimburse OWNER for the charges of of the proposed substitute item in connection ENGINEER and ENGINEER's Consultants for with the Work is subject to payment of any evaluating each such proposed substitute. General Conditions - 00700 - 15 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract. docx