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Construction Contract i
<br /> GENERAL CONDITIONS
<br /> 5. SUBSTITVCIONS �
<br /> A. The Contractor may offer a substitudon of a specified or indicated item if it presents complete infonnation conceming the substidrtion and
<br /> the benefits thereof to fhc Owner by reason of lower cost or improved performance,or both,over the specified or indicated item. However,such submission of a ,
<br /> proposed substitution does not relieve the Contractor from its obligations under the Contract. In proposing a substitution,the Contractor
<br /> wazrants that the substitution is,at a minimum,equivalent in performance to the spccified or indicated item. A substitution shall not be effective unless accepted
<br /> in writing by the Owner. The Owner will accept a proposed substitution only if such acceptance will benefit the Owner.
<br /> B. Any addidonal cost�and changes to ttie Work(including,but not limited to the work ofother conUa�tors and additionai design costs which '
<br /> may be affected thereby)which may result from the proposed subs�tudon shall be disclosed at the time the substitution is proposed to the Owner. Changes to the
<br /> Work and any additional costs therefrom which are not disclosed in advance W the Owner shall be the sole responsibility ofihe Contractor and shalt not increase
<br /> the Contraci Sum.
<br /> C. The Contracto�'s substitution proposals shalt ireclude written descripHons of the items to be substituted (including drawings and/or �
<br /> specifications)and referencod information of tt►e proposed substitution. The Owne�'s Representative's signature on this proposal is required for acceptance. Shop
<br /> Drawings will not be considered a substitvtion proposal pws�ant to this Paragaph.Verbal approvals or approvod shop drawings will not be considered as acceptance
<br /> of proposed substitutions. �
<br /> D. The Owner's RepresentaGve alone may approve a pmposed substitution on behalf of the Owner;the Owner's consultants lack the authority
<br /> to approve proposed substitudons and opinions elicited from the Owner's consultants by ffie ContracWr may not be relied upon by the Contractor ss constituting the
<br /> Owner's express or implied approval of a proposed substitution. The Owne�s Reprosentative reserves the right to reject any unapproved substitution without �
<br /> explanation or formality,and to require the replacem�t of an unapproved subsdtudon with the speci6ed and/or indicated items at no expense to the Owner,and
<br /> to require compensation to the Owner for loss of use Hme during repiacement
<br /> 6. S'fANDARDS AND TES'C5
<br /> A Referonce Suecifications or Standards ,
<br /> 1) Various standards and specifications are incorporated by reference in the technical section of the Specifications. In all such
<br /> instances,tha refcrcnce shall mean the latest edition,including the amendment or revision in eflect as of the date of the Contract unless a specific issue �
<br /> is othenvise ideatified. Tfreferenced specifications or standards contain requirements at variance with the 9ndividual sections of the SpeciScations,the
<br /> more sdringent provision shall govem. Thc Contractor shatl have the responsibility of ineking any speci£ed standard available at the Project Site,
<br /> including,but not iimited to,any sample rcquired by the Owner,as set forth in the Special Provisions.
<br /> B. Tests �
<br /> 1) The Owner has the right to test and/or inspect any mabeerial or equipment at any state of development or fabrication,whether or not
<br /> speci6ed,including,but not Iimited to ffie supplier's plant or mili. Such inspection will not releace the Supplier or the Contractor from any responsibility
<br /> or liability with respect to such material or equipment Any tests and/or inspections perfonned on bchalf of the Owner(other than those tests refersed �
<br /> to in Subparagrsph(2)below}will be paid for by the Owner. Any nacessary retesting or re-inspection required due to the failure of an inidal test and/or
<br /> inspection will be performed on behalf of the Owncr at the Contractor's expense. Work concealed befo�e such tests are perfonned or before approval is
<br /> given shal!be exposed,tested and restored at ihe Conhacto�s expense.
<br /> 2) Witnessed performance tests shall occur when required by governing suthorities or when required by the Contract Documents. �
<br /> 'Fhe Contractor shali notify the Owner's Representative at least thrce(3)business days in advanc:e of the date the equipment will be ready for the fmal
<br /> shop or field inspec6on or for performence tests. These tests,and any required retests,s6a11 be perfocmed at the ContracWr's expense. The Contractor
<br /> shali provide the Owner with all certificates and approvals. �
<br /> 3) Norivithstanding the foregoing,the Owner may reqoire the Contractor to expose concealed Work for the purposc of testing and/or
<br /> inspection. If the Work so exposed fails to mcet the Contract requiranenis,the Contractor sha11 be responsible for alt costs associated with exposure,
<br /> testing and/or inspection,replacement,and recons�cction or resmration. lf the Work so exposed mcets the Contract requiremenis,the Uwner shall be ,
<br /> responsble for all such costs.
<br /> 7. PROGRESS SCHEDULE
<br /> A. Unless othecwise required,scheduling under this Contract shall be accomplished using she CridcaI Path Method("CPM"). �
<br /> B. Within fifteen(15)days from the earlier ofthe e�Ctive date of the Contrgct or the Start Bate specif�ed by the Owner in the Notice To Proceed
<br /> ("Start Date"),che Contractor shatt fumish W the Owner,for the Owner's comment and acceptancc,a time-scale preliminary conswction schedule("Preliminary
<br /> ConsWction Schedule"). This Preliminary Conshucdon Schedule shall be in a format acc;eptable to the Owner and will be in sufficient detail so as to depict the �
<br /> Project Comple6on Date,the completion of interim milestones,if any,and the scheduled completion time for all major activities from the Conhact Start Date to the
<br /> Pmject Completion Date,inclvding the Ownefs requirements for instellation of fumiture,fumishings,6xhues,equipment and other items provided by the Owner.
<br /> C. Within thiriy(30)days after it fumishes to the Own�its Preliminary Conshvction Schedu[e,the Contractor shall fumish to the Owner,for �
<br /> the Ownefs comment and acceptance,a detailed CPM Construcxion Progress Schedule in a format acceptable to the Ownec This Construction Progress Schedulo
<br /> shall idec�tify the Project and,at a minimum,contain a detailed graphic represa�tation of all activities that could affcetthe progess ofthe Contractor's Work,inctuding
<br /> the Ownet's requ'vements for installation of furnihue,l'umishings,fixtures,equipment and other items provided by the Owner.In his Construction Progress Schedule,
<br /> the Contractar shall also depict s schedule for the pceparation,submittal and review of all Shop Drswings,samptes and other submissions;the shop fabrication, �
<br /> delivery,storage,end erection or installation of equipment and materials;and the testing and inspection oFequipment and materials.
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