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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, I
<br /> 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 Conceming 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 /> Be Substitute Construction Methods or Proce. the Wont 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 Be If the Supplementary Conditions require the
<br /> Documents, CONTRACTOR may fumish 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 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 /> °'that expressly called for by the Contract Documents. OWNER's acceptance (either in writing or by failing to
<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 . 13. 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 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 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 /> FAID"blic WorksIENGINEERING DIVISION PROJECTS\0545-66Th AVG SR60 to 57th St (Arcadis)tAdmim0d Documents\00700 - General Conditions REV 04-07.doc
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