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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.B 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 substi- posed or submitted by CONTRACTOR, CON-
<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 5.05 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 /> any resulting change, all of which will be Subcontractor, Supplier, or other individual or entity
<br /> considered by ENGINEER in evaluating the (including those acceptable to OWNER as indicated in
<br /> proposed substitute item. ENGINEER may paragraph 6.06.E), 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 /> dures: 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 Supplementary Conditions require the
<br /> substitute means, method, technique, sequence, or identity of certain Subcontractors, Suppliers, or other
<br /> procedure of construction approved by ENGINEER. individuals or entities to be submitted to OWNER 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 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 or
<br /> review is complete, which will be evidenced by either a entity, and the Contract Price will be adjusted by the
<br /> 00700-General Conditions REV 04-07.doc
<br /> 00700-20
<br /> FAN blic Works\E N G I N E E R I N G DIVISION PROJECTS\1210-Sandridge Driving Range Tee Ren ovationlAdmimlbid documents100700_General Conditions REV 04-07.doc
<br /> SmeadSoft Reprint Date:Monday,January 11,2016-09:22:07-OfficialDocuments:9069,Attachment Id 1,Page 87
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