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b) whether or not use of the proposed
<br />substitute item in the Work will require
<br />a change in any of the Contract Docu-
<br />ments (or in the provisions of any other
<br />direct contract with Owner for other
<br />work on the Project) to adapt the design
<br />to the proposed substitute item; and
<br />c) whether or not incorporation or use
<br />of the proposed substitute item in con-
<br />nection with the Work is subject to
<br />payment of any license fee or royalty;
<br />3) will identify:
<br />a) all variations of the proposed
<br />substitute item from that specified , and
<br />b) available engineering, sales,
<br />maintenance, repair, and replacement
<br />services;
<br />4) and shall contain an itemized estimate of all
<br />costs or credits that will result directly or indi-
<br />rectly from use of such substitute item, including
<br />costs of redesign and claims of other contractors
<br />affected by any resulting change,
<br />B. Substitute Construction Methods or Procedures: If a
<br />specific means, method, technique, sequence, or
<br />procedure of construction is expressly required by the
<br />Contract Documents, Contractor may furnish or utilize a
<br />substitute means, method, technique, sequence, or
<br />procedure of construction approved by Engineer.
<br />Contractor shall submit sufficient information to allow
<br />Engineer, in Engineer's sole discretion, to determine that
<br />the substitute proposed is equivalent to that expressly
<br />called for by the Contract Documents. The requirements
<br />for review by Engineer will be similar to those provided
<br />in Paragraph 6.05.A.2.
<br />C. Engineer's Evaluation: Engineer will be allowed a
<br />reasonable time within which to evaluate each proposal or
<br />submittal made pursuant to Paragraphs 6.05.A and 6.05.13.
<br />Engineer may require Contractor to furnish additional
<br />data about the proposed substitute item. Engineer will be
<br />the sole judge of acceptability. No "or equal" or substitute
<br />will be ordered, installed or utilized until Engineer's
<br />review is complete, which will be evidenced by either a
<br />Change Order for a substitute or an approved Shop
<br />Drawing for an "or equal." Engineer will advise
<br />Contractor in writing of any negative determination.
<br />D. Special Guarantee: Owner may require Contractor to
<br />furnish at Contractor's expense a special performance
<br />guarantee or other surety with respect to any substitute.
<br />., E. Engineer's Cost Reimbursement: Engineer will record
<br />Engineer's costs in evaluating a substitute proposed or
<br />submitted by Contractor pursuant to Paragraphs 6.05.A.2
<br />and 6.05.13 Whether or not Engineer approves a substitute
<br />item so proposed or submitted by Contractor, Contractor
<br />shall reimburse Owner for the charges of Engineer for
<br />evaluating each such proposed substitute. Contractor shall
<br />also reimburse Owner for the charges of Engineer for
<br />making changes in the Contract Documents (or in the
<br />provisions of any other direct contract with Owner)
<br />resulting from the acceptance of each proposed substitute.
<br />F. Contractor's Expense: Contractor shall provide all data
<br />in support of any proposed substitute or "or -equal" at
<br />Contractor's expense.
<br />6.06 Concerning Subcontractors, Suppliers, and
<br />Others
<br />A. Contractor shall not employ any Subcontractor,
<br />Supplier, or other individual or entity (including those
<br />acceptable to Owner as indicated in Paragraph 6.06.13),
<br />whether initially or as a replacement, against whom
<br />Owner may have reasonable objection. Contractor shall
<br />not be required to employ any Subcontractor, Supplier, or
<br />other individual or entity to furnish or perform any of the
<br />Work against whom Contractor has reasonable objection.
<br />B. If the Supplementary Conditions require the identity
<br />of certain Subcontractors, Suppliers, or other individuals
<br />or entities to be submitted to Owner in advance for
<br />acceptance by Owner by a specified date prior to the
<br />Effective Date of the Agreement, and if Contractor has
<br />submitted a list thereof in accordance with the Supple-
<br />mentary Conditions, Owner's acceptance (either in
<br />writing or by failing to make written objection thereto by
<br />the date indicated for acceptance or objection in the
<br />Bidding Documents or the Contract Documents) of any
<br />such Subcontractor, Supplier, or other individual or entity
<br />so identified may be revoked on the basis of reasonable
<br />objection after due investigation. Contractor shall submit
<br />an acceptable replacement for the rejected Subcontractor,
<br />Supplier, or other individual or entity, and the Contract
<br />Price will be adjusted by the difference in the cost
<br />occasioned by such replacement, and an appropriate
<br />Change Order will be issued . No acceptance by Owner of
<br />any such Subcontractor, Supplier, or other individual or
<br />entity, whether initially or as a replacement, shall consti-
<br />tute a waiver of any right of Owner or Engineer to reject
<br />defective Work.
<br />C. Contractor shall be fully responsible to Owner and
<br />Engineer for all acts and omissions of the Subcontractors,
<br />Suppliers, and other individuals or entities performing or
<br />furnishing any of the Work just as Contractor is
<br />responsible for Contractor's own acts and omissions.
<br />Nothing in the Contract Documents:
<br />1. shall create for the benefit of any such
<br />Subcontractor, Supplier, or other individual or entity
<br />any contractual relationship between Owner or
<br />Engineer and any such Subcontractor, Supplier or
<br />other individual or entity, nor
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700-20
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