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of a proposed substitute item of material or Change Order for a substitute or an approved Shop equipment that CONTRACTOR seeks to Drawing for an or equal . " ENGINEER will advise furnish or use. The application shall certify CONTRACTOR in writing of any negative that the proposed substitute item will determination . perform adequately the functions and achieve the results called for by the general D. Special Guarantee: OWNER may require design , be similar in substance to that CONTRACTOR to furnish at CONTRACTOR's ex- specified , and be suited to the same use as pense a special performance guarantee or other that specified . The application will state the surety with respect to any substitute. extent, if any, to which the use of the pro- posed substitute item will prejudice E. ENGINEER's Cost Reimbursement: CONTRACTOR's achievement of Final ENGINEER will record time required by ENGINEER Completion on time, whether or not use of and ENGINEER's Consultants in evaluating substitute the proposed substitute item in the Work will proposed or submitted by CONTRACTOR pursuant to require a change in any of the Contract paragraphs 6. 05 .A.2 and 6 . 05 . 6 and in making Documents (or in the provisions of any other changes in the Contract Documents (or in the direct contract with OWNER for work on the provisions of any other direct contract with OWNER Project) to adapt the design to the proposed for work on the Project) occasioned thereby. Whether substitute item and whether or not or not ENGINEER approves a substitute item so pro- incorporation or use of the proposed substk posed or submitted by CONTRACTOR, COW tute item in connection with the Work is sub- TRACTOR shall reimburse OWNER for the charges ject to payment of any license fee or royalty. of ENGINEER and ENGINEER's Consultants for All variations of the proposed substitute evaluating each such proposed substitute. item from that specified will be identified in the application , and available engineering , F . CONTRACTOR's Expense: CONTRACTOR sales, maintenance, repair, and shall provide all data in support of any proposed replacement services will be indicated . The substitute or "or-equal" at CONTRACTOR's expense. application will also contain an itemized estk mate of all costs or credits that will result 6 . 06 Conceming Subcontractors, Suppliers, directly or indirectly from use of such and Others substitute item , including costs of redesign and claims of other contractors affected by A. CONTRACTOR shall not employ any any resulting change, all of which will be Subcontractor, Supplier, or other individual or entity considered by ENGINEER in evaluating the ( including those acceptable to OWNER as indicated in proposed substitute item . ENGINEER may paragraph 6 . 06. 13) , whether initially or as a require CONTRACTOR to furnish additional replacement, against whom OWNER may have data about the proposed substitute item . reasonable objection . CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or B . Substitute Construction Methods or Proce- other individual or entity to furnish or perform any of dures: If a specific means , method , technique, se- the Work against whom CONTRACTOR has reason- quence, or procedure of construction is shown or able objection , indicated in and expressly required by the Contract Documents , CONTRACTOR may furnish or utilize a B. If the Supplementary Conditions require the substitute means, method , technique, sequence, or identity of certain Subcontractors, Suppliers, or other procedure of construction approved by ENGINEER . individuals or entities to be submitted to OWNER in CONTRACTOR shall submit sufficient information to advance for acceptance by OWNER by a specified allow ENGINEER , in ENGINEER's sole discretion , to date prior to the Effective Date of the Agreement, and determine that the substitute proposed is equivalent to if CONTRACTOR has submitted a list thereof in that expressly called for by the Contract Documents , accordance with the Supplementary Conditions, The procedure for review by ENGINEER will be similar OWNER's acceptance (either in writing or by failing to to that provided in subparagraph 6. 05.A. 2 , make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents C . Engineer's Evaluation: ENGINEER will be or the Contract Documents) of any such Subcon- allowed a reasonable time within which to evaluate tractor, Supplier, or other individual or entity so each proposal or submittal made pursuant to para- identified may be revoked on the basis of reasonable graphs 6 . 05.A and 6. 05 . 6 . ENGINEER will be the objection after due investigation . CONTRACTOR sole judge of acceptability. No "or-equal" or substitute shall submit an acceptable replacement for the will be ordered , installed or utilized until ENGINEER's rejected Subcontractor, Supplier, or other individual or review is complete, which will be evidenced by either a entity, and the Contract Price will be adjusted by the 00700 - General Conditions REV 510-13 00700 - 20 FAPublic Works\ENGINEERING DIVISION PROJECTS\1336-Gifford Senior Ballfield\Admin\bid documents\fAasterContract\Contract Documents\00700 - General Conditions REV 510- 13.doc