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' 06/05 D. Applicable Standard Specifications: The CONTRACTOR shall construct the WORK specified herein in accordance with the requirements of the Contract Documents and the referenced portion of those referenced codes, standards, and specifications listed herein; except, that wherever references to "Standard Specifications" are made, the provisions therein for measurement and payment shall not apply. E. References herein to "OSHA Regulations for Construction" shall mean Title 29, Part 1926, Construction Safety and Health Regulations, Code of Federal Regulations (OSHA), including all changes and amendments thereto. F. References herein to "OSHA Standards" shall mean Title 29, Part 1910, Occupational Safety and Health Standards, Code of Federal Regulations (OSHA), including all changes and amendments hereto. TRADE NAMES AND ALTERNATIVES A. For convenience in designation in the Contract Documents, materials to be incorporated in the WORK may be designated under a trade name or the name of a manufacturer and its catalog information. The use of alternative material that is equal in quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements: 1. The burden of proof as to the quality and suitability of such alternative equipment, products, or other materials shall be upon the CONTRACTOR. 2. The ENGINEER will be the sole judge as to the comparative quality and suitability of such alternative equipment, products, or other materials and its decisions shall be final. 3. Base Bid requirements outlined in document 00400 - Supplement to Bid Form, shall supersede any language contained hereinafter. B. Whenever in the Contract Documents the name or the name and address of the manufacturer or distributor is given for a product or other material, or if any other source of a product or material is indicated therefore, such information is given for the convenience of the CONTRACTOR only, and no limit, restriction, or direction is indicated or intended thereby, nor is the accuracy or reliability of such information guaranteed. It shall be the responsibility of the CONTRACTOR to determine the accurate identity and location of any such manufacturer, distributor, or other source of any product or material called for in the Contract Documents. C. The CONTRACTOR may offer any material, process, or equipment, which it considers equivalent to that, indicated. Unless otherwise authorized in writing by the ENGINEER, the substantiation of offers of equivalency must be submitted within 30 days after execution of the Agreement. The CONTRACTOR, at its sole expense, shall furnish data concerning items it has offered as equivalent to those specified. The CONTRACTOR shall have the material as required by the ENGINEER to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the items will fulfill its intended function. Installation and use of a substitute item shall not be made until accepted by the ENGINEER. If a substitute offered by the CONTRACTOR is found to be not equal to the specified material, the CONTRACTOR shall furnish and install the specified material. 01090 -2 03- 4138.13