A-1 Landscaping and Construction, Inc. 7/20/2016

1 1 perform construction work of good quality in a workmanlike way. Work performed shall 2 be in conformity and harmony with the intent to secure the standard of construction and 3 Equipment of work as a whole and in part. All Work must comply and conform to 4 applicable building codes in effect when the Work is performed. 5 i 6 1-06A.4 Material and Equipment Specified by Name 7 8 When material or Equipment is specified by reference to patents, brand names, or 9 catalog numbers, the Owner will not usually consider or approve a substitution. 10 However, the Contractor may offer substitutions of products it considers to be equal to 11 that specified, but the Owner is not obliged or required to consider or accept such 12 offered substitution. 13 14 1-06A.5 Requests for Substitution 15 16 The Contractor may offer material or Equipment of equal or better quality and 17 performance in substitution for those specified. Only the Contractor may request 18 substitutions. The Contractor's offers of substitution shall be made in writing to the 19 Owner's Representative and shall include sufficient data to enable the Owner's 20 Representative to assess the acceptability of the material or Equipment for the particular 21 application and requirements. The Owner and Owner's Representative are not required 22 or obligated to consider or review a request for substitution and may, in their sole 23 discretion and option, consider or review such requests. 24 I 25 If the offered substitution requires changes to or coordination with other portions of the 26 work, the Contractor shall include with its substitution request any such drawings and 27 details showing such changes. The Contractor agrees to perform these changes as part 28 of the substitution of material or Equipment at no additional cost to the Owner. Approval 29 of a substitution request shall not relieve the Contractor from responsibility for the 30 efficiency, quality, and performance of the substitute material or Equipment, in the same 31 manner and degree as the material and Equipment originally specified. Any cost I 32 differential associated with a substitution shall be reflected in the offer. If the Owner 33 approves the substitution, the Contract Documents shall be modified by a Change Order 34 modifying the Contract Sum in the amount of the cost differential. 35 36 1-06A.6 Demonstration of Compliance with Contract Requirements 37 38 1-06A.6(1) Inspection 39 The burden of proving the constructed work complies with the Contract Documents shall 40 be on the Contractor at all times. To demonstrate its compliance with the Contract 41 requirements, the Contractor shall assist the Owner's Representative in his or her 42 inspection and observation of the work. The Contractor shall grant the Owner's 43 Representative access to the work and work site, and to places where work is being 44 prepared, or where materials, Equipment, or machinery are being obtained for work. 45 The Contractor shall provide information requested by the Owner's Representative in 46 connection with inspection work. 47 48 If the Contract Documents, laws, ordinances, or any public regulatory authority requires 49 parts of the work to be specially inspected, tested, or approved, the Contractor shall give 50 the Owner's Representative adequate prior written Notice of the availability of the 51 subject work for examination, which Notice shall be not less than two (2)working days. 52 53 Inspection and quality control tests performed on work by the Contractor by the Owner's I RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 40