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of a proposed substitute item of material or Change Order for a substitute or an approved Shop
<br /> equipment that CONTRACTOR seeks to Drawing for an or equal . " ENGINEER will advise
<br /> furnish or use . The application shall certify CONTRACTOR in writing of any negative
<br /> that the proposed substitute item will determination ,
<br /> perform adequately the functions and
<br /> achieve the results called for by the general D . Special Guarantee: OWNER may require
<br /> design , be similar in substance to that CONTRACTOR to furnish at CONTRACTOR's ex-
<br /> specified , and be suited to the same use as pense a special performance guarantee or other
<br /> that specified . The application will state the surety with respect to any substitute ,
<br /> extent , if any, to which the use of the pro-
<br /> posed substitute item will prejudice E . ENGINEER 's Cost Reimbursement:
<br /> CONTRACTOR's achievement of Substan - ENGINEER will record time required by ENGINEER
<br /> tial Completion on time , whether or not use and ENGINEER's Consultants in evaluating substitute
<br /> of the proposed substitute item in the Work proposed or submitted by CONTRACTOR pursuant to
<br /> will require a change in any of the Contract paragraphs 6 . 05 .A. 2 and 6 . 05 . 13 and in making
<br /> Documents (or in the provisions of any other changes in the Contract Documents (or in the
<br /> direct contract with OWNER for work on the provisions of any other direct contract with OWNER
<br /> Project) to adapt the design to the proposed for work on the Project) occasioned thereby. Whether
<br /> substitute item and whether or not or not ENGINEER approves a substitute item so pro-
<br /> incorporation or use of the proposed substk posed or submitted by CONTRACTOR , COW
<br /> tute item in connection with the Work is sub- TRACTOR shall reimburse OWNER for the charges
<br /> ject to payment of any license fee or royalty. of ENGINEER and ENGINEER's Consultants for
<br /> All variations of the proposed substitute evaluating each such proposed substitute ,
<br /> item from that specified will be identified in
<br /> the application , and available engineering , F . CONTRACTOR 's Expense: CONTRACTOR
<br /> sales , maintenance , repair, and shall provide all data in support of any proposed
<br /> replacement services will be indicated . The substitute or "or-equal" at CONTRACTOR's expense .
<br /> application will also contain an itemized esti-
<br /> mate of all costs or credits that will result 6 . 06 Concerning Subcontractors, Suppliers,
<br /> directly or indirectly from use of such and Others
<br /> substitute item , including costs of redesign
<br /> and claims of other contractors affected by A. CONTRACTOR shall not employ any
<br /> an resulting h
<br /> y g c ange , all of which will be Subcontractor, Supplier, or other individual
<br /> or entity
<br /> considered by ENGINEER ER in evaluating the ( including those acceptable to OWNER as indicated in
<br /> proposed substitute item . ENGINEER may paragraph 6 . 06 . 13 ) , whether initially or as a
<br /> require CONTRACTOR to furnish additional replacement, against whom OWNER may have
<br /> data about the proposed substitute item , reasonable objection . CONTRACTOR shall not be
<br /> required to employ any Subcontractor, Supplier, or
<br /> B . Substitute Construction Methods or Proce- other individual or entity to furnish or perform any of
<br /> duress If a specific means , method , technique , se- the Work against whom CONTRACTOR has reason -
<br /> quence , or procedure of construction is shown or able objection ,
<br /> indicated in and expressly required by the Contract
<br /> Documents , CONTRACTOR may furnish or utilize a B . If the
<br /> Supplementary Conditions requireuire the
<br /> substitute means method technique sequence , or
<br /> identity of certain Subcontractors , Suppliers , or other
<br /> procedure of construction approved by ENGINEER , individuals or entities to be submitted to OWNER
<br /> in
<br /> { CONTRACTOR shall submit sufficient information to advance for acceptance by OWNER by a specified
<br /> allow ENGINEER , in ENGINEER's sole discretion , to date prior to the Effective Date of the Agreement, and
<br /> determine that the substitute proposed is equivalent to if CONTRACTOR has submitted a list thereof in
<br /> that expressly called for by the Contract Documents . accordance with the Supplementary Conditions ,
<br /> The procedure for review by ENGINEER will be similar OWNER's acceptance (either in writing or by failing to
<br /> to that provided in subparagraph 6 . 05 .A. 2 , make written objection thereto by the date indicated
<br /> for acceptance or objection in the Bidding Documents
<br /> C . Engineer's Evaluation: ENGINEER will be or the Contract Documents ) of any such Subcon-
<br /> allowed a reasonable time within which to evaluate tractor, Supplier, or other individual or entity so
<br /> each proposal or submittal made pursuant to para- identified may be revoked on the basis of
<br /> reasonable
<br /> graphs 6 . 05 . A and 6 . 05 . B . ENGINEER will be the objection after due investigation . CONTRACTOR
<br /> sole judge of acceptability. No "or-equal " or substitute shall submit an acceptable replacement for the
<br /> will be ordered , installed or utilized until ENGINEER's rejected Subcontractor , Supplier, or other individual
<br /> or
<br /> review is complete , which will be evidenced by either a entity, and the Contract Price will be adjusted
<br /> by the
<br /> 00700 - General Conditions REV 04-07 .doc
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