Common use of SUBMITTALS AND SUBSTITUTIONS Clause in Contracts

SUBMITTALS AND SUBSTITUTIONS. 7.1 CONTRACTOR must carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, product data, test results, schedules and samples. CONTRACTOR must submit all such materials at its own expense and in such form and manner as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. CONTRACTOR must also carefully review and certify for accuracy and completeness all shop drawings and other submittals and then forward the same to DESIGN PROFESSIONAL for review and action. OWNER or DESIGN PROFESSIONAL will transmit them back to CONTRACTOR who will then issue the submittals to the affected subcontractor for fabrication or revision. CONTRACTOR must maintain a suspense control system to promote the expeditious handling of shop drawings and all other submittals. CONTRACTOR must submit to DESIGN PROFESSIONAL all requests for interpretations of the drawings or specifications made by it or its subcontractors. CONTRACTOR must advise DESIGN PROFESSIONAL in writing which submittals or requests for clarification have the greatest urgency; the purpose being to enable DESIGN PROFESSIONAL to prioritize requests coming from CONTRACTOR. CONTRACTOR must advise OWNER and DESIGN PROFESSIONAL in writing when timely response is not occurring on any of the above. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by OWNER and DESIGN PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow OWNER and DESIGN PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by OWNER from anyone other than CONTRACTOR. All such requests, to the extent possible, should be submitted by CONTRACTOR to DESIGN PROFESSIONAL prior to the execution of the Compensation Amendment. 7.3 If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR must make application to DESIGN PROFESSIONAL for acceptance thereof, certifying that the proposed substitute must perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application must state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S achievement of Substantial Completion on time, whether or not acceptance of the substitute for use 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 the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service must be indicated. The application also must contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other CONTRACTORS affected by the resulting change, all of which must be considered by DESIGN PROFESSIONAL and OWNER in evaluating the proposed substitute. OWNER or DESIGN PROFESSIONAL may require CONTRACTOR to furnish at CONTRACTOR'S expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to DESIGN PROFESSIONAL, if CONTRACTOR submits sufficient information to allow DESIGN PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by DESIGN PROFESSIONAL must be the same as those provided herein for substitute materials and equipment. 7.5 DESIGN PROFESSIONAL must be allowed a reasonable time within which to evaluate each proposed substitute. DESIGN PROFESSIONAL and OWNER must be the sole judges of the acceptability of any substitute. Acceptance of a substitute must be at OWNER'S sole discretion. No substitute must be ordered, installed or utilized without OWNER'S and DESIGN PROFESSIONAL’S prior written acceptance which must be evidenced by either a Change Order or a submittal approved by OWNER in writing. OWNER may require CONTRACTOR to furnish at CONTRACTOR'S expense a special performance guarantee or other surety with respect to any substitute. The CONTRACTOR must be responsible for all costs associated with the substitution including any costs associated with the DESIGN PROFESSIONAL’S or OWNER’S reviews regardless as to whether or not the substitution is approved unless the circumstances are beyond the CONTRACTOR’S control such as a lack of availability of the item being proposed to be substituted. The OWNER will present a cost estimate of design or review services if any and if available, to the CONTRACTOR prior to the review of the substitution request. Such substitution request must not relieve the CONTRACTOR from complying with the contract construction completion dates, as outlined in Exhibits B & C and any compensation amendments.

SUBMITTALS AND SUBSTITUTIONS. 7.1 CONTRACTOR must Construction Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, product data, test results, schedules and samples. CONTRACTOR must Construction Contractor shall submit all such materials at its own expense and in such form and manner as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. CONTRACTOR must Construction Contractor shall also carefully review and certify for accuracy and completeness all shop drawings and other submittals and then forward the same to DESIGN PROFESSIONAL Design Professional for review and action. OWNER or DESIGN PROFESSIONAL Design Professional will transmit them back to CONTRACTOR Construction Contractor who will then issue the submittals to the affected subcontractor for fabrication or revision. CONTRACTOR must Construction Contractor shall maintain a suspense control system to promote the expeditious handling of shop drawings and all other submittals. CONTRACTOR must submit Construction Contractor shall request Design Professional to DESIGN PROFESSIONAL all requests for make interpretations of the drawings or specifications made requested of it by it or its the subcontractors. CONTRACTOR must Construction Contractor shall advise DESIGN PROFESSIONAL Design Professional in writing which submittals or requests for clarification have the greatest urgency; the purpose being to enable DESIGN PROFESSIONAL Design Professional to prioritize requests coming from CONTRACTORConstruction Contractor. CONTRACTOR must Construction Contractor shall advise OWNER Owner and DESIGN PROFESSIONAL Design Professional in writing when timely response is not occurring on any of the above. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by OWNER Owner and DESIGN PROFESSIONAL Design Professional if sufficient information is submitted by CONTRACTOR Construction Contractor to allow OWNER Owner and DESIGN PROFESSIONAL Design Professional to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by OWNER Owner from anyone other than CONTRACTORConstruction Contractor. All such requests, to the extent possible, should be submitted by CONTRACTOR Construction Contractor to DESIGN PROFESSIONAL Design Professional prior to the execution setting of the Compensation AmendmentGMP. 7.3 If CONTRACTOR Construction Contractor wishes to furnish or use a substitute item of material or equipment, CONTRACTOR must Construction Contractor shall make application to DESIGN PROFESSIONAL Design Professional for acceptance thereof, certifying that the proposed substitute must shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application must shall state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S Construction Contractor’s achievement of Substantial Completion substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service must shall be indicated. The application also must shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other CONTRACTORS contractors affected by the resulting change, all of which must shall be considered by DESIGN PROFESSIONAL and OWNER Design Professional in evaluating the proposed substitute. OWNER or DESIGN PROFESSIONAL Design Professional may require CONTRACTOR Construction Contractor to furnish at CONTRACTOR'S Construction Contractor’s expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR Construction Contractor may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to DESIGN PROFESSIONALDesign Professional, if CONTRACTOR Construction Contractor submits sufficient information to allow DESIGN PROFESSIONAL Design Professional to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by DESIGN PROFESSIONAL must Design Professional shall be the same as those provided herein for substitute materials and equipment. 7.5 DESIGN PROFESSIONAL must Design Professional shall be allowed a reasonable time within which to evaluate each proposed substitute. DESIGN PROFESSIONAL Design Professional and OWNER must Owner shall be the sole judges of the acceptability of any substitute. Acceptance of a substitute must be at OWNER'S sole discretion. No substitute must shall be ordered, installed or utilized without OWNER'S Owner’s and DESIGN PROFESSIONAL’S Design Professional’s prior written acceptance which must shall be evidenced by either a Change Order or a submittal an approved by OWNER in writingsubmittal. OWNER Owner may require CONTRACTOR Construction Contractor to furnish at CONTRACTOR'S Construction Contractor’s expense a special performance guarantee or other surety with respect to any substitute. The CONTRACTOR must be responsible If Owner rejects the proposed substitute, at Owner’s discretion, Owner may require Construction Contractor to reimburse Owner for all costs associated with the substitution including any costs associated with charges of Design Professional and Design Professional’s consultants for evaluating the DESIGN PROFESSIONAL’S or OWNER’S reviews regardless as to whether or not the substitution is approved unless the circumstances are beyond the CONTRACTOR’S control such as a lack of availability of the item being proposed to be substituted. The OWNER will present a cost estimate of design or review services if any and if available, to the CONTRACTOR prior to the review of the substitution request. Such substitution request must not relieve the CONTRACTOR from complying with the contract construction completion dates, as outlined in Exhibits B & C and any compensation amendmentssubstitute.

SUBMITTALS AND SUBSTITUTIONS. 7.1 CONTRACTOR must Construction Manager shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, product data, test results, schedules and samples. CONTRACTOR must Construction Manager shall submit all such materials at its own expense and in such form and manner as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. CONTRACTOR must The Construction Manager shall also carefully review and certify for accuracy and completeness all shop drawings and other submittals and then forward the same to DESIGN PROFESSIONAL the Design Professional for review and action. OWNER or DESIGN PROFESSIONAL Within fourteen (14) days, the Design Professional will transmit them back to CONTRACTOR the Construction Manager who will then issue the submittals to the affected subcontractor for fabrication or revision. CONTRACTOR must The Construction Manager shall maintain a suspense control system to promote the expeditious handling of shop drawings and all other submittals. CONTRACTOR must submit The Construction Manager shall request the Design Professional to DESIGN PROFESSIONAL all requests for make interpretations of the drawings or specifications made requested of it by it or its the subcontractors. CONTRACTOR must The Construction Manager shall advise DESIGN PROFESSIONAL the Design Professional in writing which submittals or requests for clarification have the greatest urgency; the purpose being to enable DESIGN PROFESSIONAL the Design Professional to prioritize requests coming from CONTRACTORthe Construction Manager. CONTRACTOR must The Construction Manager shall advise OWNER the Owner and DESIGN PROFESSIONAL Design Professional in writing when timely response is not occurring on any of the above. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by OWNER Owner and DESIGN PROFESSIONAL Design Professional if sufficient information is submitted by CONTRACTOR Construction Manager to allow OWNER Owner and DESIGN PROFESSIONAL Design Professional to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by OWNER Owner from anyone other than CONTRACTORConstruction Manager. All such requests, to the extent possible, should be submitted by CONTRACTOR Construction Manager to DESIGN PROFESSIONAL Design Professional prior to the execution setting of the Compensation AmendmentGMP. 7.3 If CONTRACTOR Construction Manager wishes to furnish or use a substitute item of material or equipment, CONTRACTOR must Construction Manager shall make application to DESIGN PROFESSIONAL Design Professional for acceptance thereof, certifying that the proposed substitute must shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application must shall state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S Construction Manager’s achievement of Substantial Completion substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service must shall be indicated. The application also must shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other CONTRACTORS contractors affected by the resulting change, all of which must shall be considered by DESIGN PROFESSIONAL and OWNER Design Professional in evaluating the proposed substitute. OWNER or DESIGN PROFESSIONAL Design Professional may require CONTRACTOR Construction Manager to furnish at CONTRACTOR'S Construction Manager’s expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR Construction Manager may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to DESIGN PROFESSIONALDesign Professional, if CONTRACTOR Construction Manager submits sufficient information to allow DESIGN PROFESSIONAL Design Professional to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by DESIGN PROFESSIONAL must Design Professional shall be the same as those provided herein for substitute materials and equipment. 7.5 DESIGN PROFESSIONAL must Design Professional shall be allowed a reasonable time within which to evaluate each proposed substitute. DESIGN PROFESSIONAL Design Professional and OWNER must Owner shall be the sole judges of the acceptability of any substitute. Acceptance of a substitute must be at OWNER'S sole discretion. No substitute must shall be ordered, installed or utilized without OWNER'S Owner’s and DESIGN PROFESSIONAL’S Design Professional’s prior written acceptance which must shall be evidenced by either a Change Order or a submittal an approved by OWNER in writingsubmittal. OWNER Owner may require CONTRACTOR Construction Manager to furnish at CONTRACTOR'S Construction Manager’s expense a special performance guarantee or other surety with respect to any substitute. The CONTRACTOR must cost of such guarantee would be responsible for all costs associated reimbursable from the Construction Manager’s Contingency funds, provided that this cost is presented with the substitution including any costs associated with proposed substitute. If Owner rejects the DESIGN PROFESSIONAL’S or OWNER’S reviews regardless as proposed substitute, at Owner’s discretion, Owner may require Construction Manager to whether or not reimburse Owner for the substitution is approved unless charges of Design Professional and Design Professional’s consultants for evaluating the circumstances are beyond the CONTRACTOR’S control such as a lack of availability of the item being proposed to be substituted. The OWNER will present a cost estimate of design or review services if any and if available, to the CONTRACTOR prior to the review of the substitution request. Such substitution request must not relieve the CONTRACTOR from complying with the contract construction completion dates, as outlined in Exhibits B & C and any compensation amendmentssubstitute.

SUBMITTALS AND SUBSTITUTIONS. 7.1 CONTRACTOR must Construction Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, product data, test results, schedules and samples. CONTRACTOR must Construction Contractor shall submit all such materials at its own expense and in such form and manner as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. CONTRACTOR must Construction Contractor shall also carefully review and certify for accuracy and completeness all shop drawings and other submittals and then forward the same to DESIGN PROFESSIONAL Design Professional for review and action. OWNER or DESIGN PROFESSIONAL Design Professional will transmit them back to CONTRACTOR Construction Contractor who will then issue the submittals to the affected subcontractor for fabrication or revision. CONTRACTOR must Construction Contractor shall maintain a suspense control system to promote the expeditious handling of shop drawings and all other submittals. CONTRACTOR must submit Construction Contractor shall request Design Professional to DESIGN PROFESSIONAL all requests for make interpretations of the drawings or specifications made requested of it by it or its the subcontractors. CONTRACTOR must Construction Contractor shall advise DESIGN PROFESSIONAL Design Professional in writing which submittals or requests for clarification have the greatest urgency; the purpose being to enable DESIGN PROFESSIONAL Design Professional to prioritize requests coming from CONTRACTORConstruction Contractor. CONTRACTOR must Construction Contractor shall advise OWNER Owner and DESIGN PROFESSIONAL Design Professional in writing when timely response is not occurring on any of the above. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by OWNER Owner and DESIGN PROFESSIONAL Design Professional if sufficient information is submitted by CONTRACTOR Construction Contractor to allow OWNER Owner and DESIGN PROFESSIONAL Design Professional to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by OWNER Owner from anyone other than CONTRACTORConstruction Contractor. All such requests, to the extent possible, should shall be submitted by CONTRACTOR Construction Contractor to DESIGN PROFESSIONAL Design Professional prior to the execution solicitation of the Compensation Amendmentbids. 7.3 If CONTRACTOR Construction Contractor wishes to furnish or use a substitute item of material or equipment, CONTRACTOR must Construction Contractor shall make application to DESIGN PROFESSIONAL Design Professional for acceptance thereof, certifying that the proposed substitute must shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application must shall state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S Construction Contractor’s achievement of Substantial Completion substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service must shall be indicated. The application also must shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other CONTRACTORS contractors affected by the resulting change, all of which must shall be considered by DESIGN PROFESSIONAL and OWNER Design Professional in evaluating the proposed substitute. OWNER or DESIGN PROFESSIONAL Design Professional may require CONTRACTOR Construction Contractor to furnish at CONTRACTOR'S Construction Contractor’s expense additional data about the proposed substitute. All such requests, to the extent possible, shall be submitted by Construction Contractor to Design Professional prior to the solicitation of bids. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR Construction Contractor may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to DESIGN PROFESSIONALDesign Professional, if CONTRACTOR Construction Contractor submits sufficient information to allow DESIGN PROFESSIONAL Design Professional to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by DESIGN PROFESSIONAL must Design Professional shall be the same as those provided herein for substitute materials and equipment. 7.5 DESIGN PROFESSIONAL must Design Professional shall be allowed a reasonable time within which to evaluate each proposed substitute. DESIGN PROFESSIONAL Design Professional and OWNER must Owner shall be the sole judges of the acceptability of any substitute. Acceptance of a substitute must be at OWNER'S sole discretion. No substitute must shall be ordered, installed or utilized without OWNER'S Owner’s and DESIGN PROFESSIONAL’S Design Professional’s prior written acceptance which must shall be evidenced by either a Change Order or a submittal an approved by OWNER in writingsubmittal. OWNER Owner may require CONTRACTOR Construction Contractor to furnish at CONTRACTOR'S Construction Contractor’s expense a special performance guarantee or other surety with respect to any substitute. The CONTRACTOR must be responsible If Owner rejects the proposed substitute, at Owner’s discretion, Owner may require Construction Contractor to reimburse Owner for all costs associated with the substitution including any costs associated with charges of Design Professional and Design Professional’s consultants for evaluating the DESIGN PROFESSIONAL’S or OWNER’S reviews regardless as to whether or not the substitution is approved unless the circumstances are beyond the CONTRACTOR’S control such as a lack of availability of the item being proposed to be substituted. The OWNER will present a cost estimate of design or review services if any and if available, to the CONTRACTOR prior to the review of the substitution request. Such substitution request must not relieve the CONTRACTOR from complying with the contract construction completion dates, as outlined in Exhibits B & C and any compensation amendmentssubstitute.

SUBMITTALS AND SUBSTITUTIONS. 7.1 CONTRACTOR must Construction Contractor shall carefully examine the Contract Documents for all requirements requil'ernents for approval of materials to be submitted such as shop drawings, product data, test results, schedules and samples. CONTRACTOR must Construction Contractor shall submit all such materials at its own expense and in such form fonn and manner as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. CONTRACTOR must Construction Contractor shall also carefully review and certify for accuracy and completeness all shop drawings and other submittals and then forward the same to DESIGN PROFESSIONAL Design Professional for review and action. OWNER or DESIGN PROFESSIONAL Design Professional will transmit them back to CONTRACTOR Construction Contractor who will then issue the submittals to the affected subcontractor for fabrication or revision. CONTRACTOR must Construction Contractor shall maintain a suspense control system to promote the expeditious handling of shop drawings and all other submittals. CONTRACTOR must submit Construction Contractor shall request Design Professional to DESIGN PROFESSIONAL all requests for make interpretations of the drawings or specifications made requested of it by it or its the subcontractors. CONTRACTOR must Construction Contractor shall advise DESIGN PROFESSIONAL Design Professional in writing which submittals or requests for clarification have the greatest urgency; the purpose being to enable DESIGN PROFESSIONAL Design Professional to prioritize requests coming from CONTRACTOR. CONTRACTOR must Construction Contractor_ Construction Contractor shall advise OWNER Owner and DESIGN PROFESSIONAL Design Professional in writing when timely response is not occurring on any of the above.. Con•tructlon M•n•gement Agreement CONSTRUCTtON MANAGEMENT SERVICES ON A CONTINUING BASIS HCI'6CM "*'"""""1 (CMIJa-.l!lt llf\'IU'oddhle,_) O!!lllI NOVEMBER 16,2010 7.2 Whenever materials or equipment are specified or described desc1ibed in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers supplie1'S may be accepted by OWNER Owner and DESIGN PROFESSIONAL Design Professional if sufficient information is submitted by CONTRACTOR Construction Contractor to allow OWNER alJow Owner and DESIGN PROFESSIONAL Design Professional to determine detennine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by OWNER Owner from anyone other than CONTRACTORConstruction Contractor. All such requests, to the extent possible, should be submitted by CONTRACTOR Construction Contractor to DESIGN PROFESSIONAL Design Professional prior to the execution setting of the Compensation AmendmentGMP. 7.3 If CONTRACTOR Construction Contractor wishes to furnish or use a substitute item of material or equipment, CONTRACTOR must Construction Contractor shall make application to DESIGN PROFESSIONAL Design Professional for acceptance thereof, certifying that the proposed substitute must perform shall perfonn adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application must shall state that d1at the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S Construction Contractor's achievement of Substantial Completion substantial completion on time, whether time.whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents ({or in the provisions of any other od1er direct contract with OWNER Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service must shall be indicated. The application also must shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other CONTRACTORS contractors affected by the resulting change, all of which must shall be considered by DESIGN PROFESSIONAL and OWNER Design Professional in evaluating the proposed substitute. OWNER or DESIGN PROFESSIONAL Design Professional may require CONTRACTOR Construction Contractor to furnish at CONTRACTOR'S Construction Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR Construction Contractor may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to DESIGN PROFESSIONALDesign Professional, if CONTRACTOR Construction Contractor submits sufficient information to allow DESIGN PROFESSIONAL Design Professional to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by DESIGN PROFESSIONAL must Design Professional shall be the same as those provided herein for substitute materials and equipment. 7.5 DESIGN PROFESSIONAL must Design Professional shall be allowed a reasonable time within which to evaluate each proposed substitute. DESIGN PROFESSIONAL Design Professional and OWNER must Owner shan be the sole judges of the acceptability of any substitute. Acceptance of a substitute must be at OWNER'S sole discretion. No substitute must shall be ordered, installed or utilized without OWNER'S Owner's and DESIGN PROFESSIONAL’S Design Professional's prior written acceptance which must shall be evidenced by either a Change Order or a submittal an approved by OWNER in writingsubmittal. OWNER Owner may require CONTRACTOR Construction Contractor to furnish at CONTRACTOR'S Construction Contractor's expense a special performance guarantee or other surety with respect to any substitute. The CONTRACTOR must be responsible If Owner rejects the proposed substitute, at Owner's discretion, Owner may 1·equire Construction Contractor to reimburse Owner for all costs associated with the substitution including any costs associated with charges of Design Professional and Design Professional's consultants for evaluating the DESIGN PROFESSIONAL’S or OWNER’S reviews regardless as to whether or not the substitution is approved unless the circumstances are beyond the CONTRACTOR’S control such as a lack of availability of the item being proposed to be substitutedsubstitute. The OWNER will present a cost estimate of design or review services if any and if availableConstruction Man.gement AGreement CONSTRUCnON MANAGEMENT SERVICES ON A CONTINUING BASIS IIO'SCM A&f'lo-(<011\hlolaaSCNUS-t!I0$2011 NOVEMBER 16, to the CONTRACTOR prior to the review of the substitution request. Such substitution request must not relieve the CONTRACTOR from complying with the contract construction completion dates, as outlined in Exhibits B & C and any compensation amendments.2010

SUBMITTALS AND SUBSTITUTIONS. 7.1 CONTRACTOR must ‌ 5.1 Construction Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, product data, test results, schedules and samples. CONTRACTOR must Construction Contractor shall submit all such materials at its own expense and in such form and manner as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. CONTRACTOR must Construction Contractor shall also carefully review and certify for accuracy and completeness all shop drawings and other submittals and then forward the same to DESIGN PROFESSIONAL Design Professional for review and action. OWNER or DESIGN PROFESSIONAL Design Professional will transmit them back to CONTRACTOR Construction Contractor who will then issue the submittals to the affected subcontractor for fabrication or revision. CONTRACTOR must Construction Contractor shall maintain a suspense control system to promote the expeditious handling of shop drawings and all other submittals. CONTRACTOR must submit to DESIGN PROFESSIONAL all requests for interpretations of the drawings or specifications made by it or its subcontractors. CONTRACTOR must advise DESIGN PROFESSIONAL in writing which submittals or requests for clarification have the greatest urgency; the purpose being to enable DESIGN PROFESSIONAL to prioritize requests coming from CONTRACTOR. CONTRACTOR must advise OWNER and DESIGN PROFESSIONAL in writing when timely response is not occurring on any of the above.Construction Contractor shall request Design Professional to 7.2 5.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by OWNER Owner and DESIGN PROFESSIONAL Design Professional if sufficient information is submitted by CONTRACTOR Construction Contractor to allow OWNER Owner and DESIGN PROFESSIONAL Design Professional to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by OWNER Owner from anyone other than CONTRACTORConstruction Contractor. All such requests, to the extent possible, should be submitted by CONTRACTOR Construction Contractor to DESIGN PROFESSIONAL prior to the execution Design Professional within ninety (90) days of the Compensation AmendmentDate of Commencement. 7.3 5.3 If CONTRACTOR Construction Contractor wishes to furnish or use a substitute item of material or equipment, CONTRACTOR must Construction Contractor shall make application to DESIGN PROFESSIONAL Design Professional for acceptance thereof, certifying that the proposed substitute must shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application must shall state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S Construction Contractor’s achievement of Substantial Completion substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service must shall be indicated. The application also must shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other CONTRACTORS contractors affected by the resulting change, all of which must shall be considered by DESIGN PROFESSIONAL and OWNER Design Professional in evaluating the proposed substitute. OWNER or DESIGN PROFESSIONAL Design Professional may require CONTRACTOR Construction Contractor to furnish at CONTRACTOR'S Construction Contractor’s expense additional data about the proposed substitute. 7.4 5.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR Construction Contractor may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to DESIGN PROFESSIONALDesign Professional, if CONTRACTOR Construction Contractor submits sufficient information to allow DESIGN PROFESSIONAL Design Professional to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by DESIGN PROFESSIONAL must Design Professional shall be the same as those provided herein for substitute materials and equipment. 7.5 DESIGN PROFESSIONAL must 5.5 Design Professional shall be allowed a reasonable time within which to evaluate each proposed substitute. DESIGN PROFESSIONAL Design Professional and OWNER must Owner shall be the sole judges of the acceptability of any substitute. Acceptance of a substitute must be at OWNER'S sole discretion. No substitute must shall be ordered, installed or utilized without OWNER'S Owner’s and DESIGN PROFESSIONAL’S Design Professional’s prior written acceptance which must shall be evidenced by either a Change Order or a submittal an approved by OWNER in writingsubmittal. OWNER Owner may require CONTRACTOR Construction Contractor to furnish at CONTRACTOR'S Construction Contractor’s expense a special performance guarantee or other surety with respect to any substitute. The CONTRACTOR must be responsible If Owner rejects the proposed substitute, at Owner’s discretion, Owner may require Construction Contractor to reimburse Owner for all costs associated with the substitution including any costs associated with charges of Design Professional and Design Professional’s consultants for evaluating the DESIGN PROFESSIONAL’S or OWNER’S reviews regardless as to whether or not the substitution is approved unless the circumstances are beyond the CONTRACTOR’S control such as a lack of availability of the item being proposed to be substitutedsubstitute. The OWNER will present a cost estimate of design or review services if any and if available, to the CONTRACTOR prior to the review of the substitution request6. Such substitution request must not relieve the CONTRACTOR from complying with the contract construction completion dates, as outlined in Exhibits B & C and any compensation amendments.(Intentionally Deleted)‌‌‌

SUBMITTALS AND SUBSTITUTIONS. 7.1 CONTRACTOR must Construction Manager shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, product data, test results, schedules schedules, and samples. CONTRACTOR must Construction Manager shall submit all such materials at its own expense and in such form and manner as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. CONTRACTOR must Construction Manager shall also carefully review and certify for accuracy and completeness all shop drawings and other submittals and then forward the same to DESIGN PROFESSIONAL Design Professional for review and action. OWNER or DESIGN PROFESSIONAL Design Professional will transmit them back to CONTRACTOR Construction Manager who will then issue the submittals to the affected subcontractor for fabrication or revision. CONTRACTOR must Construction Manager shall maintain a suspense control system to promote the expeditious handling of shop drawings and all other submittals. CONTRACTOR must submit Construction Manager shall request Design Professional to DESIGN PROFESSIONAL all requests for make interpretations of the drawings or specifications made requested of it by it or its the subcontractors. CONTRACTOR must Construction Manager shall advise DESIGN PROFESSIONAL Design Professional in writing which submittals or requests for clarification have the greatest urgency; the purpose being to enable DESIGN PROFESSIONAL Design Professional to prioritize requests coming from CONTRACTORConstruction Manager. CONTRACTOR must Construction Manager shall advise OWNER Owner and DESIGN PROFESSIONAL Design Professional in writing when timely response is not occurring on any of the above. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by OWNER Owner and DESIGN PROFESSIONAL Design Professional if sufficient information is submitted by CONTRACTOR Construction Manager to allow OWNER Owner and DESIGN PROFESSIONAL Design Professional to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by OWNER Owner from anyone other than CONTRACTORConstruction Manager. All such requests, to the extent possible, should be submitted by CONTRACTOR Construction Manager to DESIGN PROFESSIONAL Design Professional prior to the execution setting of the Compensation AmendmentGMP. 7.3 If CONTRACTOR Construction Manager wishes to furnish or use a substitute item of material or equipment, CONTRACTOR must Construction Manager shall make application to DESIGN PROFESSIONAL Design Professional for acceptance thereof, certifying that the proposed substitute must shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application must shall state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S Construction Manager’s achievement of Substantial Completion substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service must shall be indicated. The application also must shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other CONTRACTORS contractors affected by the resulting change, all of which must shall be considered by DESIGN PROFESSIONAL and OWNER Design Professional in evaluating the proposed substitute. OWNER or DESIGN PROFESSIONAL Design Professional may require CONTRACTOR Construction Manager to furnish at CONTRACTOR'S Construction Manager’s expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR Construction Manager may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to DESIGN PROFESSIONALDesign Professional, if CONTRACTOR Construction Manager submits sufficient information to allow DESIGN PROFESSIONAL Design Professional to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by DESIGN PROFESSIONAL must Design Professional shall be the same as those provided herein for substitute materials and equipment. 7.5 DESIGN PROFESSIONAL must Design Professional shall be allowed a reasonable time time, not to exceed 21 calendar days, within which to evaluate each proposed substitute. DESIGN PROFESSIONAL Design Professional and OWNER must Owner shall be the sole judges of the acceptability of any substitute. Acceptance of a substitute must be at OWNER'S sole discretion. No substitute must shall be ordered, installed or utilized without OWNER'S Owner’s and DESIGN PROFESSIONAL’S Design Professional’s prior written acceptance which must shall be evidenced by either a Change Order or a submittal an approved by OWNER in writingsubmittal. OWNER Owner may require CONTRACTOR Construction Manager to furnish at CONTRACTOR'S Construction Manager’s expense a special performance guarantee or other surety with respect to any substitute. The CONTRACTOR must be responsible for all costs associated with the substitution including any costs associated with the DESIGN PROFESSIONAL’S or OWNER’S reviews regardless as to whether or not the substitution is approved unless the circumstances are beyond the CONTRACTOR’S control such as a lack of availability of the item being proposed to be substituted. The OWNER will present a cost estimate of design or review services if any and if available, to the CONTRACTOR prior to the review of the substitution request. Such substitution request must not relieve the CONTRACTOR from complying with the contract construction completion dates, as outlined in Exhibits B & C and any compensation amendments.

SUBMITTALS AND SUBSTITUTIONS. 7.1 CONTRACTOR must Construction Manager shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, product data, test results, schedules and samples. CONTRACTOR must Construction Manager shall submit all such materials at its own expense and in such form and manner as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. CONTRACTOR must The Construction Manager shall also carefully review and certify for accuracy and completeness all shop drawings and other submittals and then forward the same to DESIGN PROFESSIONAL the Architect/Engineer for review and action. OWNER or DESIGN PROFESSIONAL Within 14 days, the Architect/Engineer will transmit them back to CONTRACTOR the Construction Manager, who will then issue the submittals to the affected subcontractor for fabrication or revision. CONTRACTOR must The Construction Manager shall maintain a suspense control system to promote the expeditious handling of shop drawings and all other submittals. CONTRACTOR must submit The Construction Manager shall request the Architect/Engineer to DESIGN PROFESSIONAL all requests for make interpretations of the drawings or specifications made requested of it by it or its the subcontractors. CONTRACTOR must The Construction Manager shall advise DESIGN PROFESSIONAL the Architect/Engineer in writing which submittals or requests for clarification have the greatest urgency; the purpose being to enable DESIGN PROFESSIONAL the Architect/Engineer to prioritize requests coming from CONTRACTORthe Construction Manager. CONTRACTOR must The Construction Manager shall advise OWNER the City’s Representative and DESIGN PROFESSIONAL Architect/Engineer in writing when timely response is not occurring on any of the above. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by OWNER and DESIGN PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow OWNER and DESIGN PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by OWNER from anyone other than CONTRACTOR. All such requests, to the extent possible, should be submitted by CONTRACTOR to DESIGN PROFESSIONAL prior to the execution of the Compensation Amendment. 7.3 2.4.8.1 If CONTRACTOR Construction Manager wishes to furnish or use a substitute item of material or equipment, CONTRACTOR must Construction Manager shall make application to DESIGN PROFESSIONAL Architect/Engineer for acceptance thereof, certifying that the proposed substitute must shall perform adequately the functions and achieve the results called for by the general design, be similar and at least of equal substance to that specified and be suited to the same use as that specified. The application must shall state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S Construction Manager’s achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER City for the Project) to adapt the design to the proposed substitute substitute, and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service must services shall be indicated. The application also must shall contain an itemized estimate of all costs or savings that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other CONTRACTORS contractors affected by the resulting change, all of which must shall be considered by DESIGN PROFESSIONAL and OWNER Architect/Engineer in evaluating the proposed substitute. OWNER or DESIGN PROFESSIONAL Architect/Engineer may require CONTRACTOR Construction Manager to furnish furnish, at CONTRACTOR'S expense Construction Manager’s expense, additional data about the proposed substitute. 7.4 2.4.8.2 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR Construction Manager may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to DESIGN PROFESSIONALArchitect/Engineer, if CONTRACTOR Construction Manager submits sufficient information to allow DESIGN PROFESSIONAL Architect/Engineer to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by DESIGN PROFESSIONAL must Architect/Engineer shall be the same as those provided herein for substitute materials and equipment. 7.5 DESIGN PROFESSIONAL must 2.4.8.3 Architect/Engineer shall be allowed a reasonable time within which to evaluate each proposed substitute. DESIGN PROFESSIONAL Architect/Engineer and OWNER must City’s Representative shall be the sole judges of the acceptability of any substitute. Acceptance of a substitute must be at OWNER'S sole discretion. No substitute must shall be ordered, installed or utilized without OWNER'S City’s and DESIGN PROFESSIONAL’S Architect/Engineer’s prior written acceptance which must shall be evidenced by either a Change Order or a submittal an approved by OWNER in writingsubmittal. OWNER City may require CONTRACTOR Construction Manager to furnish furnish, at CONTRACTOR'S expense Construction Manager’s expense, a special performance guarantee or other surety with respect to any substitute. The CONTRACTOR must cost of such guarantee may be responsible for all costs associated reimbursable from the City’s Owner Allowance or Buyout Allowance funds, provided that this cost is presented with the substitution including any costs associated with proposed substitute. If City rejects the DESIGN PROFESSIONAL’S or OWNER’S reviews regardless as proposed substitute, at City’s direction, City may require Construction Manager to whether or not reimburse City for the substitution is approved unless charges of Engineer and Engineer’s consultants for evaluating the circumstances are beyond the CONTRACTOR’S control such as a lack of availability of the item being proposed to be substituted. The OWNER will present a cost estimate of design or review services if any and if available, to the CONTRACTOR prior to the review of the substitution request. Such substitution request must not relieve the CONTRACTOR from complying with the contract construction completion dates, as outlined in Exhibits B & C and any compensation amendmentssubstitute.

SUBMITTALS AND SUBSTITUTIONS. 7.1 CONTRACTOR must 7.1. Design Builder shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, product data, test results, schedules and samples. CONTRACTOR It is Design Builder’s obligation to confirm and Design Builder will be deemed to have certified to Owner that all submittals reviewed and approved by it fully comply with all requirements of the Contract Documents. During Phase 1, Design Builder shall prepare and submit to Owner, for Owner’s approval, procedures for Design Builder’s handling and processing of submittals. Owner shall identify, in its sole discretion, which submittals must be submitted to Owner for its approval. Further, Design Builder shall submit all such materials at its own expense and in such form and manner as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. CONTRACTOR must To the extent that a submittal requires Owner’s approval as set forth above, Design Builder shall also carefully review and certify for to Owner the accuracy and completeness all of such shop drawings and other submittals and then forward the same to DESIGN PROFESSIONAL Owner for its review and actionapproval. OWNER or DESIGN PROFESSIONAL In such case, Owner will transmit them back to CONTRACTOR Design Builder who will then issue the submittals to the affected subcontractor for fabrication or revision. CONTRACTOR must Design Builder shall maintain a suspense control system to promote the expeditious handling of shop drawings and all other submittals. CONTRACTOR must submit At Owner’s request, copies of submittals and/or Design Builder’s responses will be provided to DESIGN PROFESSIONAL all requests for interpretations Owner. At the completion of the drawings or specifications made by it or its subcontractors. CONTRACTOR must advise DESIGN PROFESSIONAL project, the Design Builder will provide the Owner with a complete set of approved submittals in writing which submittals or requests for clarification have the greatest urgency; the purpose being to enable DESIGN PROFESSIONAL to prioritize requests coming from CONTRACTOR. CONTRACTOR must advise OWNER and DESIGN PROFESSIONAL in writing when timely response is not occurring scanned format on any of the aboveCDs. 7.2 7.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by OWNER and DESIGN PROFESSIONAL Owner if sufficient information is submitted by CONTRACTOR Design Builder to allow OWNER and DESIGN PROFESSIONAL the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by OWNER Owner from anyone other than CONTRACTOR. All Design Builder and all such requests, to the extent possible, should must be submitted by CONTRACTOR Design Builder to DESIGN PROFESSIONAL Project Manager prior to the execution of the Compensation Guaranteed Maximum Price Amendment, unless otherwise mutually agreed in writing by Owner and Design Builder. 7.3 7.3. If CONTRACTOR Design Builder wishes to furnish or use a substitute item of material or equipment, CONTRACTOR must Design Builder shall make application to DESIGN PROFESSIONAL the Project Manager for acceptance thereof, certifying that the proposed substitute must shall adequately perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application must shall state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S Design Builder's achievement of Substantial Completion substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service must shall be indicated. The application also must shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other CONTRACTORS contractors affected by the resulting change, all of which must shall be considered by DESIGN PROFESSIONAL and OWNER the Project Manager in evaluating the proposed substitute. OWNER or DESIGN PROFESSIONAL The Project Manager may require CONTRACTOR Design Builder to furnish at CONTRACTOR'S Design Builder's expense additional data about the proposed substitute. 7.4 7.4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR Design Builder may furnish or utilize a substitute means, method, techniquesequence, sequence technique or procedure of construction acceptable to DESIGN PROFESSIONALthe Project Manager, if CONTRACTOR Design Builder submits sufficient information to allow DESIGN PROFESSIONAL the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by DESIGN PROFESSIONAL must the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 DESIGN PROFESSIONAL must 7.5. The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute. DESIGN PROFESSIONAL and OWNER must Owner shall be the sole judges judge of the acceptability of any substitute. Acceptance of a substitute must be at OWNER'S sole discretion. No substitute must will be ordered, installed or utilized without OWNER'S and DESIGN PROFESSIONAL’S the Project Manager's prior written acceptance which must shall be evidenced by either a Change Order, a Work Directive Change, a Field Order or a submittal an approved by OWNER in writingShop Drawing. OWNER The Owner may require CONTRACTOR Design Builder to furnish at CONTRACTOR'S Design Builder's expense a special performance guarantee or other surety with respect to any substitute. The CONTRACTOR must be responsible for all costs associated with Project Manager will record time required by the substitution including any costs associated with Project Manager and the DESIGN PROFESSIONAL’S or OWNER’S reviews regardless as to whether Project Manager's consultants in evaluating substitutions proposed by Design Builder and making changes in the Contract Documents occasioned thereby. Whether or not the substitution is approved unless the circumstances are beyond the CONTRACTOR’S control such as Owner accepts a lack proposed substitute, Design Builder shall reimburse Owner costs of availability of the item being evaluating each proposed to be substituted. The OWNER will present a cost estimate of design or review services if any and if available, to the CONTRACTOR prior to the review of the substitution request. Such substitution request must not relieve the CONTRACTOR from complying with the contract construction completion dates, as outlined in Exhibits B & C and any compensation amendmentssubstitute.

SUBMITTALS AND SUBSTITUTIONS. 7.1 CONTRACTOR must Construction Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, product data, test results, schedules and samples. CONTRACTOR must Construction Contractor shall submit all such materials at its own expense and in such form and manner as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. CONTRACTOR must Construction Contractor shall also carefully review and certify for accuracy and completeness all shop drawings and other submittals and then forward the same to DESIGN PROFESSIONAL the appropriate Design Professional for review and action. OWNER or DESIGN PROFESSIONAL That Design Professional will transmit them back to CONTRACTOR Construction Contractor who will then issue the submittals to the affected subcontractor for fabrication or revision. CONTRACTOR must Construction Contractor shall maintain a suspense control system for each Project to promote the expeditious handling of shop drawings and all other submittals. CONTRACTOR must submit Construction Contractor shall request the appropriate Design Professional to DESIGN PROFESSIONAL all requests for make interpretations of the drawings or specifications made requested of it by it or its the subcontractors. CONTRACTOR must Construction Contractor shall advise DESIGN PROFESSIONAL Design Professional in writing which submittals or requests for clarification have the greatest urgency; the purpose being to enable DESIGN PROFESSIONAL Design Professional to prioritize requests coming from CONTRACTORConstruction Contractor. CONTRACTOR must Construction Contractor shall advise OWNER Owner and DESIGN PROFESSIONAL the responsible Design Professional in writing when timely response is not occurring on any of the above. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by OWNER Owner and DESIGN PROFESSIONAL the applicable Design Professional if sufficient information is submitted by CONTRACTOR Construction Contractor to allow OWNER Owner and DESIGN PROFESSIONAL that Design Professional to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by OWNER Owner from anyone other than CONTRACTORConstruction Contractor. All such requests, to the extent possible, should be submitted by CONTRACTOR Construction Contractor to DESIGN PROFESSIONAL the appropriate Design Professional prior to the execution establishment of the Compensation AmendmentContract Amount for the Construction Phase Services for the subject Project. 7.3 If CONTRACTOR Construction Contractor wishes to furnish or use a substitute item of material or equipment, CONTRACTOR must Construction Contractor shall make application to DESIGN PROFESSIONAL the appropriate Design Professional for acceptance thereof, certifying that the proposed substitute must shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application must shall state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S Construction Contractor’s achievement of Substantial Completion on timeof the subject Work within the applicable Contract Time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER Owner may have for the subject Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service must shall be indicated. The application also must shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other CONTRACTORS contractors affected by the resulting change, all of which must shall be considered by DESIGN PROFESSIONAL Design Professional and OWNER Owner in evaluating the proposed substitute. OWNER Owner or DESIGN PROFESSIONAL Design Professional may require CONTRACTOR Construction Contractor to furnish at CONTRACTOR'S Construction Contractor’s expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the applicable Contract Documents, CONTRACTOR Construction Contractor may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to DESIGN PROFESSIONALthe appropriate Design Professional, if CONTRACTOR Construction Contractor submits sufficient information to allow DESIGN PROFESSIONAL that Design Professional to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by DESIGN PROFESSIONAL must Design Professional shall be the same as those provided herein for substitute materials and equipment. 7.5 DESIGN PROFESSIONAL must Design Professional shall be allowed a reasonable time within which to evaluate each proposed substitute. DESIGN PROFESSIONAL Design Professional and OWNER must Owner shall be the sole judges of the acceptability of any substitute. Acceptance of a substitute must be at OWNER'S sole discretion. No substitute must shall be ordered, installed or utilized without OWNER'S Owner’s and DESIGN PROFESSIONAL’S Design Professional’s prior written acceptance which must shall be evidenced by either a Change Order or an approved written submittal. The acceptance of a submittal approved by OWNER in writingsubstitute on a particular Project shall not be deemed to be an acceptance of the same or similar substitute on other Projects. OWNER Owner may require CONTRACTOR Construction Contractor to furnish at CONTRACTOR'S Construction Contractor’s expense a special performance guarantee or other surety with respect to any substitute. The CONTRACTOR must be responsible If Owner rejects the proposed substitute, at Owner’s discretion, Owner may require Construction Contractor to reimburse Owner for all costs associated with the substitution including any costs associated with charges of Design Professional and Design Professional’s consultants for evaluating the DESIGN PROFESSIONAL’S or OWNER’S reviews regardless as to whether or not the substitution is approved unless the circumstances are beyond the CONTRACTOR’S control such as a lack of availability of the item being proposed to be substituted. The OWNER will present a cost estimate of design or review services if any and if available, to the CONTRACTOR prior to the review of the substitution request. Such substitution request must not relieve the CONTRACTOR from complying with the contract construction completion dates, as outlined in Exhibits B & C and any compensation amendmentssubstitute.