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

' 1 I proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 8.4.A.2.d., as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: I 1)shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, I b) be similar in substance to that specified, and c) be suited to the same use as that specified; I 2)will state: a)the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time; I b)whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents(or in the provisions of any other direct contract with Owner for other work on the Project)to adapt the design to the proposed substitute item; and c)whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; I 3)will identify: a)all variations of the proposed substitute item from that specified , and I b)available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized estimate of all costs or credits that will result 1 directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Procedures: If a specific means, method, technique, I sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the I substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 8.4.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 8.4.A. and 8.4.B. Engineer may Contractor furnish substitute item. Engineer willrequire be the sole judgeto of acceptability.additional No data"or equaaboutl"the or substituteproposed will be or- ' dered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an"or equal." Engineer will advise Contractor in writing of any negative determination. I D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. IEVERETT RIVERFRONT SURCHARGE GENERAL CONDITIONS PHASE 3 00710-25 I