KLB CONSTRUCTION INC. 6/23/2010 - Laserfiche WebLink

schedules, testing and adjusting instructions, operations manuals, maintenance procedures, parts lists, I and record drawings. Such data shall be provided as part of the work under this Contract and its acceptability determined by the Owner in its sole discretion. 8.3. QUALITY 1 Where detailed Specifications of materials, Equipment, or construction work are not set forth, the Contractor shall perform the work using materials and Equipment of a quality comparable to the materials and workmanship specified for the other parts of the work, from firms of established good reputations, 111 and shall follow standard practices to perform construction work of good quality in a workmanlike way. Work performed shall be in conformity and harmony with the intent to secure the standard of construction and Equipment of work as a whole and in part. All Work must comply and conform to applicable building codes in effect when the Work is performed. 8.4. MATERIAL AND EQUIPMENT SPECIFIED BY NAME-"OR-EQUALS"AND SUBSTITUTES A. Whenever an item of material or equipment is specified or described in the Contract 111 Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or"or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment pro- posed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 8.4.A.1., a proposed item of material or equipment will be considered functionally equal to an item so named if: a. In the exercise of reasonable judgment Engineer determines that: 1) It is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) It will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) It has a proven record of performance and availability of responsive service; and I b. Contractor certifies that, if approved and incorporated into the Work: 1) There will be no increase in cost to the Owner or increase in Contract Times, ' and 2) It will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 8.4.A.1., it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefore. Requests for review of EVERETT RIVERFRONT SURCHARGE GENERAL CONDITIONS PHASE 3 00710-24