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2015-005A
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2015-005A
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Last modified
3/28/2018 1:57:55 PM
Creation date
2/18/2016 3:02:43 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
01/06/2015
Control Number
2015-005A
Agenda Item Number
8.L.
Entity Name
Vero Lake Estates Asphalt Millings Project (Phase 1)
Subject
Widening & placement of asphalt milling
Project Number
1314
Bid Number
2015010
Supplemental fields
SmeadsoftID
14278
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b. CONTRACTOR shall submit suffi- <br />cient information as provided below to allow <br />ENGINEER to determine that the item of <br />material or equipment proposed is <br />essentially equivalent to that named and an <br />acceptable substitute therefor. Requests for <br />review of proposed substitute items of <br />material or equipment will not be accepted <br />by ENGINEER from anyone other than <br />CONTRACTOR. <br />c. The procedure for review by ENGI- <br />NEER will be as set forth in paragraph <br />6.05.A.2.d, as supplemented in the General <br />Requirements and as ENGINEER may <br />decide is appropriate under the <br />circumstances. <br />d. CONTRACTOR shall first make <br />written application to ENGINEER for review <br />of a proposed substitute item of material or <br />equipment that CONTRACTOR seeks to <br />fumish or use. The application shall certify <br />that the proposed substitute item will <br />perform adequately the functions and <br />achieve the results called for by the general <br />design, be similar in substance to that <br />specified, and be suited to the same use as <br />that specified. The application will state the <br />extent, if any, to which the use of the pro- <br />posed substitute item will prejudice <br />CONTRACTOR's achievement of Substan- <br />tial Completion on time, whether or not use <br />of the proposed substitute item in the Work <br />will require a change in any of the Contract <br />Documents (or in the provisions of any other <br />direct contract with OWNER for work on the <br />Project) to adapt the design to the proposed <br />substitute item and whether or not <br />incorporation or use of the proposed substi- <br />tute item in connection with the Work is sub- <br />ject to payment of any license fee or royalty. <br />All variations of the proposed substitute <br />item from that specified will be identified in <br />the application, and available engineering, <br />sales, maintenance, repair, and <br />replacement services will be indicated. The <br />application will also contain an itemized esti- <br />mate of all costs or credits that will result <br />directly or indirectly from use of such <br />substitute item, including costs of redesign <br />and claims of other contractors affected by <br />any resulting change, all of which will be <br />considered by ENGINEER in evaluating the <br />proposed substitute item. ENGINEER may <br />require CONTRACTOR to fumish additional <br />data about the proposed substitute item. <br />B. Substitute Construction Method <br />dares: If a specific means, method, to <br />quence, or procedure of construction i <br />indicated in and expressly required by <br />Documents, CONTRACTOR may furnis <br />substitute means, method, technique, s <br />procedure of construction approved by <br />CONTRACTOR shall submit sufficient i <br />allow ENGINEER, in ENGINEER's sole <br />determine that the substitute proposed is <br />that expressly called for by the Contract <br />The procedure for review by ENGINEER <br />to that provided in subparagraph 6.05.A.2. <br />or Proce- <br />hnique, se - <br />shown or <br />he Contract <br />or utilize a <br />-quence, or <br />ENGINEER. <br />formation to <br />iscretion, to <br />-quivalent to <br />Documents. <br />ill be similar <br />0 <br />C. Engineer's Evaluation: ENGIN <br />allowed a reasonable time within which <br />each proposal or submittal made pursu <br />graphs 6.05.A and 6.05.B. ENGINEE <br />sole judge of acceptability. No "or -equal" <br />will be ordered, installed or utilized until <br />review is complete, which will be evidenc <br />Change Order for a substitute or an ap <br />Drawing for an "or equal." ENGINEE <br />CONTRACTOR in writing of an <br />determination. <br />D. Special Guarantee: OWNER <br />CONTRACTOR to fumish at CONT <br />pense a special performance guarant <br />surety with respect to any substitute. <br />ER will be <br />to evaluate <br />nt to para - <br />will be the <br />or substitute <br />NGINEER's <br />d by either a <br />roved Shop <br />will advise <br />negative <br />ay require <br />TOR's ex - <br />e or other <br />E. ENGINEER's Cost Reimbursement: <br />ENGINEER will record time required by ENGINEER <br />and ENGINEER's Consultants in evaluati g substitute <br />proposed or submitted by CONTRACTO pursuant to <br />paragraphs 6.05.A.2 and 6.05.B and in making <br />changes in the Contract Documents (or in the <br />provisions of any other direct contract ith OWNER <br />for work on the Project) occasioned there •y. Whether <br />or not ENGINEER approves a substitute item so pro- <br />posed or submitted by CONTRAC OR, CON- <br />TRACTOR shall reimburse OWNER for the charges <br />of ENGINEER and ENGINEER's Co sultants for <br />evaluating each such proposed substitute <br />F. CONTRACTOR's Expense: CO <br />shall provide all data in support of a <br />substitute or "or -equal" at CONTRACTO <br />TRACTOR <br />y proposed <br />s expense. <br />6.06 Conceming Subcontractors Suppliers, <br />and Others <br />A. CONTRACTOR shall not :mploy any <br />Subcontractor, Supplier, or other individual or entity <br />(including those acceptable to OWNER aS indicated in <br />paragraph 6.06.B), whether initially or as a <br />replacement, against whom OWNER may have <br />reasonable objection. CONTRACTOR shall not be <br />00700 - General Condit' ns REV 510-13.doc <br />00700 - 20 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling90th St to 94th St\Admin\bid documents\Master Contract Documents100700 - General C nditions REV 5-10- <br />13.doc <br />
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