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item from that specified will be identified in F . CONTRACTOR 's Expense: CONTRACTOR
<br /> the application , and available engineering , shall provide all data in support of any proposed
<br /> sales , maintenance , repair , and substitute or "or-equal " at CONTRACTOR' s expense .
<br /> replacement services will be indicated . The
<br /> application will also contain an itemized esti- 6 . 06 Concerning Subcontractors, Suppliers,
<br /> mate of all costs or credits that will result and Others
<br /> directly or indirectly from use of such
<br /> substitute item , including costs of redesign A. CONTRACTOR shall not employ any
<br /> and claims of other contractors affected by Subcontractor , Supplier, or other individual or entity
<br /> any resulting change , all of which will be ( including those acceptable to OWNER as indicated in
<br /> considered by ENGINEER in evaluating the paragraph 6 . 06 . 13 ) , whether initially or as a
<br /> proposed substitute item . ENGINEER may replacement , against whom OWNER may have
<br /> require CONTRACTOR to furnish additional reasonable objection . CONTRACTOR shall not be
<br /> data about the proposed substitute item . required to employ any Subcontractor , Supplier, or
<br /> other individual or entity to furnish or perform any of
<br /> B . Substitute Construction Methods or Proce- the Work against whom CONTRACTOR has reason -
<br /> dures : If a specific means , method , technique , se- able objection .
<br /> quence , or procedure of construction is shown or
<br /> indicated in and expressly required by the Contract B . If the Supplementary Conditions require
<br /> the
<br /> Documents , CONTRACTOR may furnish or utilize a identity of certain Subcontractors , Suppliers , or other
<br /> substitute means , method , technique , sequence , or individuals or entities to be submitted to OWNER
<br /> in
<br /> procedure of construction approved by ENGINEER . advance for acceptance by OWNER by a specified
<br /> CONTRACTOR shall submit sufficient information to date prior to the Effective Date of the Agreement , and
<br /> allow ENGINEER , in ENGINEER's sole discretion , to if CONTRACTOR has submitted a list thereof in
<br /> determine that the substitute proposed is equivalent to accordance with the Supplementary Conditions ,
<br /> _ -- ---lhat _expressly_called[-fo-r -by-the_ Contract_DoGurnents .---. _-- -OWNER_sacceptance-(either-in_writingntby�
<br /> The procedure for review by ENGINEER will be similar make written objection thereto by the date indicated
<br /> to that provided in subparagraph 6 . 05 .A. 2 . for acceptance or objection in the Bidding Documents
<br /> or the Contract Documents ) of any such Subcon -
<br /> C . Engineer's Evaluation. ENGINEER will be tractor, Supplier, or other individual or entity so
<br /> allowed a reasonable time within which to evaluate identified may be revoked on the basis of reasonable
<br /> each proposal or submittal made pursuant to para - objection after due investigation . CONTRACTOR
<br /> graphs 6 . 05 . A and 6 . 05 . 8 . ENGINEER will be the shall submit an acceptable replacement for the
<br /> sole judge of acceptability. No "or-equal" or substitute rejected Subcontractor, Supplier, or other individual or
<br /> will be ordered , installed or utilized until ENGINEER' s entity, and the Contract Price will be adjusted
<br /> by the
<br /> review is complete , which will be evidenced by either a difference in the cost occasioned by such
<br /> Change Order for a substitute or an approved Shop replacement, and an appropriate Change Order will be
<br /> Drawing for an "or equal . " ENGINEER will advise issued or Written Amendment signed . No acceptance
<br /> CONTRACTOR in writing of any negative by OWNER of any such Subcontractor, Supplier, or
<br /> determination , other individual or entity, whether initially or as a
<br /> replacement , shall constitute a waiver of any right of
<br /> D . Special Guarantee: OWNER may require OWNER or ENGINEER to reject defective Work .
<br /> CONTRACTOR to furnish at CONTRACTOR's ex-
<br /> pense a special performance guarantee or other C . CONTRACTOR shall be fully responsible to
<br /> surety with respect to any substitute . OWNER and ENGINEER for all acts and omissions of
<br /> the Subcontractors , Suppliers , and other individuals or
<br /> E . ENGINEER 's Cost Reimbursement: entities performing or furnishing any of the Work just
<br /> ENGINEER will record time required by ENGINEER as CONTRACTOR is responsible for
<br /> and ENGINEER's Consultants in evaluating substitute CONTRACTOR's own acts and omissions . Nothing in
<br /> proposed or submitted by CONTRACTOR pursuant to the Contract Documents shall create for the benefit of
<br /> paragraphs 6 . 05 .A. 2 and 6 . 05 . 13 and in making any such Subcontractor , Supplier, or other individual
<br /> changes in the Contract Documents (or in the or entity any contractual relationship between OWNER
<br /> provisions of any other direct contract with OWNER or ENGINEER and any such Subcontractor , Supplier
<br /> for work on the Project ) occasioned thereby. Whether or other individual or entity, nor shall it create
<br />any
<br /> or not ENGINEER approves a substitute item so pro- obligation on the part of OWNER or ENGINEER to
<br /> posed or submitted by CONTRACTOR , CON - pay or to see to the payment of any moneys due any
<br /> TRACTOR shall reimburse OWNER for the charges such Subcontractor, Supplier , or other individual or
<br /> of ENGINEER and ENGINEER's Consultants for entity except as may otherwise be required by Laws
<br /> evaluating each such proposed substitute . and Regulations .
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<br /> R\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV
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