C-1.9
timely notice of readiness. The Contractor will then furnish the Engineer with the
required certificates of inspection, testing or approval.
7.9 Inspections, tests, or approvals by the engineer or others shall not relieve the
Contractor from obligations to perform the Work in accordance with the requirements of
the Contract Documents.
“Or Equal” Clause, Substitutions and Contractor Options.
8.1 | Whenever a material, article, or piece of equipment is identified on the plans or in
the specifications by reference to manufacturer's or vendor's names, trade names,
catalogue numbers, etc., it is intended merely to establish a standard of quality and
performance. Any material, article, or equipment of other manufacturers and vendors,
which will perform satisfactorily the duties imposed by the general design, shall be
considered equally acceptable provided the material, article, or equipment so proposed is,
in the opinion of the Engineer, of equal quality and function. The Engineer shall
determine equality based on such information, tests, or other supporting data that may be
required of the Contractor.
8.2 Upon acceptance and approval by the Engineer of an equal product, it shall
remain the responsibility of the Contractor to coordinate installation of the item with all
other items to be furnished to assure proper fitting together of all items. Similar
responsibility applies to items which are left to the Contractor's option. Any additional
cost of equal items and any additional cost incidental to the coordination and/or fitting
together of such items shall be borne by the Contractor at no extra cost to the Owner.
8.3 If a specified or equal item is not available to meet the construction schedule, the
Contractor may propose a substitute item of less than equal performance and quality. If
this substitute is acceptable to the Engineer, any difference in purchase cost or costs
incidental to the installation of such item will be negotiated between the parties to the
contract.
8.4 Neither equal nor substitute items shall be installed without written approval of
the Engineer.
8.5 The Contractor shall warrant that if substitutes are approved, no major changes in
the function or general design of the Project will result.
Patents. Patent information is as follows:
9.1 The Contractor shall hold and save the Owner and its officers, agents, servants,
and employees harmless from liability of any nature or kind, including cost and expenses
for, or on account of, any patented or unpatented invention, process, article, or appliance
manufactured or used in the performance of the contract, including its use by the Owner,
unless otherwise specifically stipulated in the contract documents.
