Subcontractors

equipment shall be stored, applied, installed, connected, is f ;llowed by words reading tha no like, equivalena rerected, protected, used, cleaned, and conditioned in "or equal" ite or no substittion is pF-.ttd, ether tmsaccordance with instructions of the applicable Supplier, of m erial or equ4pment or material Or equipnent of etherexcept as otherwise may be provided in the Contract Docu- Supplierfs may be subn'5ted to ENGINEER for revitvments. wder the c n eseibed beloy'-D. C TRCTRshall omploy only competenit 1 . -0U' Erqu" Items:- If in ENGINEER's sale discretionpersons to do0 toe 'Aork AnId whlenever OVAhTER shall an item of material or eqiipmnent proposed by CONnotiftCONTRACTOR, in writing, that any person on the TRACTOR is f;rctinally equal. to that named an dWorkE apporFs to be inomffpetenlt, disordry, Or otherwise sufcetysmlrs that po ch4ange in related WorkJ wijlunsatisf.. o Fs, such person shall be .rmoved from the be required, it may be considered by ENGPT F _E as an.Project and shall not again be employed on it ecxeept with "or O equl" item, in which case review and approval of thethP consent Rf A*'ThJER.proposed item may, in ENGlNEE9R's sole discretion, beaccomplished without compliance with sonee or all of *theC. Without limiting the responsibility or liability of the requirementsfr ap 3r o .su prp.. bttute items. Fe.CONTRACTOR pursuant to this agreement, all warranties the putoses of this pa~graph 6.95.A. !, a proposed item ofgiven by manufacturers on materials or equipment material or equipment will be ensid.er.d f.actionally equalincorporated in the work are hereby assigned by the to an item so "a ned if:CONTRACTOR to the Owner. Such assignment shallbe effective upon completion of Contractor's warranty a. in the exorcise of reasonable judgment ENGINEERperiod. If requested, the CONTRACTOR shall execute determines that: 6) it is at least equal in qL.lit, durabilt ,formal assignments of said manufacturer's warranties to .ppearanec, se..h ., and design haraG@ristis; (ii) it Willthe Owner, All such warranties shall be directly reliably p fefom at least equally well the fi:etion imposedenforceable by the Owner. Such assignment shall in no by t.. design iconcept of the completed Project as away affect the Contractor's responsibilities and duties'Thole, aanctioningand;during the wan anty period.b. CONTR -ACTOR etrifies that: (i) there i~s no increase6.04 Progress Schedule in cot. 4 to t ONR; and (ii) it will conformsubstantially, even with deviations, to the detailedA. CONTRACTOR shall adhere to the progress requirements of the item m iaed in the Contract Documents.schedule established in accordance with paragraph 2.07 as itmay be adjusted from time to time as provided below. . S-bstilute ]tem1. CONTRACTOR shall submit to ENGINEER for a. If in ENGINEER's soWe disretioHn a. itR.M 4 materialacceptance (to the extent indicated in paragraph 2.07),or . q..pment proposed by CONTRACTOR doe; netproposed adjustments in the progress schedule that will not qua as an "or equal" item under pem--ph 6.9. A.1, itresult in changing the Contract Times (or Milestones). Such 'will be considered a p.pos.d substiwte item.adjustments will conform generally to the progress schedulethen in effect and additionally will comply with any provi- b. CONTRACTOR shall submit sufficienm infnnation assions of the General Requirements applicable thereto. prv-ided below to allow ENGINEER to t .. i that theitem sf ;4ater-ial or equipment preposed is esscntmlly2. Proposed adjustments in the progress schedule that will equivalent to that na.ed and an aceptable substittchange the Contract Times (or Milestones) shall be therefor. Requests far revie;y of proposed suhstitat itis.submitted in accordance with the requirements of Article of naterial or equipment will net be accepted by-ENGl-12. Such adjustments may only be made by a Change Order NEER &am anyo.e other tl n CONTRACTOR...or Written Amendment in accordance with Article 12.e.The procedurfe for review, by ENCIEER ill be a-6.05 Deleted 6.05S.b..... s 2 ..." > qua" set forth in paragraph 6,05.A.2.d, as sppl p....d , in theGertejlal Requirements anid as ENGINEE R may decide isA. When.r an ite-- of m"ei' or cqu.fflmnt is appropriate andorthe cir mstanc.specified or described in the Contract Docuiments by uisingthe name of a p.op.ie- item or thc names f a paftioular I. CONTRACTOR shall .;t F.. make ien appieaeon. toSupplier, the specification Or descriptin is intended to ENGINEER for r''iev.r of a p-oposed substitate item ofestablish the tsre, f.inetion., appearance, and quality materia.l or equipment th a CONTRACTOR seek.;. to fur.ishreqtuired. Unless the speeifi cation or description eontains or or Use. The application shall certify that the praeosedEJCDC No. 1910-8 (1996 Edition) 007200-20w/ JJG Modifications (Rev03/'06/08)