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<br /> item from that specified will be identified in F . CONTRACTOR 's Expense : CONTRACTOR
<br /> Lp
<br /> r,;A 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 /> i ` any resulting change , all of which will be ( including those acceptable to OWNER as indicated
<br /> 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 /> 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 . B . 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 . 6 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
<br /> 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
<br /> 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 .
<br /> 00700 - General Conditions REV 04-07 .doc
<br /> 00700 - 20
<br /> F :\Public Works\ENGINEERING DIVISION PROJECTS\0517-OSLO ROAD-43rd Ave to 58th Ave-Phase IIIWdmim\bid documents\00700 - General Conditions REV 04-07
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