|
I
<br /> equipment, labor, transportation, construction other Suppliers may be submitted to Engineer for
<br /> I equipment and machinery, tools, appliances, fuel, review under the circumstances described below.
<br /> power, light, heat, telephone, water, sanitary
<br /> facilities, temporary facilities, and all other facilities 1. "Or-Equal" Items: If in Engineer's sole
<br /> and incidentals necessary for the performance, discretion an item of material or equipment proposed
<br /> I testing, start-up, and completion of the Work. by Contractor is functionally equal to that named and
<br /> sufficiently similar so that no change in related Work
<br /> B. All materials and equipment incorporated will be required, it may be considered by Engineer
<br /> I into the Work shall be as specified or, if not as an "or-equal" item, in which case review and
<br /> specified, shall be of good quality and new, except approval of the proposed item may, in Engineer's
<br /> as otherwise provided in the Contract Documents. sole discretion, be accomplished without compliance
<br /> All special warranties and guarantees required by with some or all of the requirements for approval of
<br /> I the Specifications shall expressly run to the benefit proposed substitute items. For the purposes of this
<br /> of Owner. If required by Engineer, Contractor shall Paragraph 6.05.A.1, a proposed item of material or
<br /> furnish satisfactory evidence (including reports of equipment will be considered functionally equal to
<br /> I required tests) as to the source, kind, and quality of an item so named if:
<br /> materials and equipment.
<br /> a. in the exercise of reasonable judgment
<br /> C. All materials and equipment shall be Engineer determines that:
<br /> I stored, applied, installed, connected, erected,
<br /> protected, used, cleaned, and conditioned in 1) it is at least equal in materials of
<br /> accordance with instructions of the applicable construction, quality, durability, appearance,
<br /> I Supplier, except as otherwise may be provided in strength, and design characteristics;
<br /> the Contract Documents.
<br /> 2) it will reliably perform at least
<br /> 6.04 Progress Schedule equally well the function and achieve the
<br /> I results imposed by the design concept of the
<br /> A. Contractor shall adhere to the Progress completed Project as a functioning whole,
<br /> Schedule established in accordance with Paragraph
<br /> I 2.07 as it may be adjusted from time to time as 3) it has a proven record of
<br /> provided below. performance and availability of responsive
<br /> service; and
<br /> 1. Contractor shall submit to Engineer for
<br /> acceptance (to the extent indicated in Paragraph b. Contractor certifies that, if approved and
<br /> 2.07) proposed adjustments in the Progress incorporated into the Work:
<br /> Schedule that will not result in changing the Contract
<br /> I Times. Such adjustments will comply with any provi- 1) there will be no increase in cost
<br /> to the Owner of the General Requirements applicable there- wner or increase in Contract Times,
<br /> to. and
<br /> 1 2. Proposed adjustments in the Progress 2) it will conform substantially to the
<br /> Schedule that will change the Contract Times shall detailed requirements of the item named in
<br /> be submitted in accordance with the requirements of the Contract Documents.
<br /> 1 Article 12. Adjustments in Contract Times may only
<br /> be made by a Change Order. 2. Substitute Items
<br /> 6.05 Substitutes and "Or-Equals" a. If in Engineer's sole discretion an item of
<br /> . material or equipment proposed by
<br /> A. Whenever an item of material or equip- Contractor does not qualify as an "or-equal"
<br /> ment is specified or described in the Contract Docu- item under Paragraph 6.05.A.1, it will be
<br /> I ments by using the name of a proprietary item or the considered a proposed substitute item.
<br /> name of a particular Supplier, the specification or
<br /> description is intended to establish the type, func- b. Contractor shall submit sufficient informa-
<br /> tion, appearance, and quality required. Unless the Lion as provided below to allow Engineer to
<br /> I specification or description contains or is followed by determine that the item of material or
<br /> words reading that no like, equivalent, or "or-equal" equipment proposed is essentially equiva-
<br /> item or no substitution is permitted, other items of lent to that named and an acceptable
<br /> 1 material or equipment or material or equipment of substitute therefor. Requests for review of
<br /> proposed substitute items of material or
<br /> EJCDC C-700 Standard General Conditions of the Construction Contract.
<br /> Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br /> 00700- 19
<br /> 04/08 Final Version 054893
<br />
|