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2. Substitute Items directly or indirectly from use of such
<br /> substitute item, including costs of redesign.
<br /> a. If in ENGINEER's sole discretion-an and claims of other contractors-affected by
<br /> item of'material or equipment proposed by any- resulting change, all of which will be
<br /> CONTRACTOR does` not qualify as ;an considered by;ENGINEER in evaluating the
<br /> "or-equal" item under paragraph 6;05.A:1, it proposed substitute item: ENGINEER'may
<br /> will be considered a proposed substitute require CONTRACTOR to furnish additional
<br /> item, data about the proposed-substitute item.
<br /> b..CONTRACTOR'1 shall submit suffi- B. ,Substitute Construction Methods or Proce-
<br /> cient information as provided below to allow duces: If a specific means, method, technique; se-
<br /> EIVGlNEER'to determine that' the_ ifem of• quence, or procedure of construction is shown or
<br /> material or, equipment proposed is indicated,in and expressly required by the Contract
<br /> essehtially_equivalent to that named and an Documents, CONTRACTOR may furnish or utilize a
<br /> acceptable substitute.therefor.'Requests for substitute means, method, 'technique, sequencI.e; or
<br /> review- of .proposed substitute items of procedure of construction approved by ENGINEER.
<br /> material or equipment will not..be accepted CONTRACTOR shall.submit sufficient information.to
<br /> by` ENGINEER' from anyone other than allow ENGINEER, in ENGINEER's sole discretion,`to
<br /> CONTRACTOR.. determine.that the substitute proposed is equivalent to
<br /> that expressly called for by the Contract Documents.
<br /> c. The procedure--for review by. ENGI- The procedurefor review by ENGINEER Will be similar
<br /> NEER will be. as )set forth in paragraph to'that provided in subparagraph 6.05.A:2.
<br /> 6.05:A:2.d, assupplemented'in the General
<br /> Requirements ,and as ENGINEER- may G. Engineers Evaluation: ENGINEER will be
<br /> decide. Js appropriate, under the allowed a reasonable time,within which to evaluate
<br /> circumstances. each, proposal or submittal made pursuant to para-
<br /> graphs 6:05.A, and 6.b5.B. ENGINEER will.be the
<br /> d. CONTRACTOR shall first make sole�judge.of acceptability:` No"W-:equal"or substitute
<br /> written.application to ENGINEER for review will be ordered;'instaIIed'or-uiilized until ENGINEER's
<br /> of a.proposed subsfhute16m of material or review is complete;which will be evidenced by either a
<br /> ;equipment that CONTRACTOR seeks_'to Change Order' fora substitute-
<br /> or-an approved.Shop
<br /> furnisti,or use.. -The:application,shall:certify Drawing.=for an "or equal."' ENGINEER Will advise.
<br /> -that, the, proposed, substitute item.- will -CONTRACTOR=. in Writing. of .any 'negative
<br /> perform adequafeiy the, functions- :and determination.
<br /> achieve the results called for'by:the.general
<br /> design, be similar in substance to 1hat D. 'Special Guarantee: OWNER may. require
<br /> specified,.and be suited;,to the;same use as
<br /> CONTRACTOR, it furnish at CONTRACTOR's ex-
<br /> that.specified. The application;will,statethe pense a: special performance guarantee or, other
<br /> extent-,..if any,;to Which the;use.,of theTro= surety,with•(espect.to.any substitute:
<br /> posed; substitute item will: prejudice
<br /> CONTRACTOR's achievement of`Substan- E: ENGINEER',, Cost Reimbursement.
<br /> tial Completion,on time, whettier;or,not use ENGINEER°Wll record',time,;required;:by ENGINEER
<br /> of tEie proposed substitute°item in the VUo�k and,ENGINEER's,Consultants in.evaluating substitute
<br /> will;require a';change-in:any,ofthe,Contract proposed.or.subrriitted`:by'CONTRACTOR pursuant.to
<br /> Documents(or in the;provisions of,anyother paragraphs 6.05:A2; and 6.05,13 and in making
<br /> direct contract with OWNER`for work on the changes in the ;Contract Documents (or in the
<br /> Projectj'to,adapt the design'to,the proposed provisions.of any other direct contract with OWNER
<br /> substitute. item and whether ,:or .not for work.on 6e Project)occasioned thereby.,Whether
<br /> it
<br /> incorporation_or:u,e of the proposed substi- or not ENGINEER'approves'a substitute item so pro=
<br /> -tute,item,in connection with the,Work.is sub- posed or -submitted by., CONTRACTOR, CON=
<br /> ject}to pal 't of any,license fee or royalty. TRACTOR,, I all reimburse OWNER for the_charges
<br /> Al %nations 'of "they ,proposed', substitute of: ENGINEER, and ENGINEER's Consultants for
<br /> item from";that specified Will,be:identifed in evaluating,eachsuch,proposedsubstitute.
<br /> the,`;application,,,.and available engineering,
<br /> sales;, maintenance, repair,, ;and F. •COIVTRACTORs°Expense: :CONTRACTOR
<br /> replacement services'will be indicated; The shall. provide-.all,data :in support.°V any proposed,
<br /> application will alsddbhtain•an;iteiiiized esti- substitute:or"6r-equal""at.CONTRACTOR's expense,
<br /> mate:;of all:costs or.credits that,wilL result
<br /> _ 00700-General bond-ions RE.V 5-10-13•
<br /> .00700'-20
<br /> F.AN&ic,WarkMt NGINEERWGDNISibNP.ROJECTS11330-I.R.CrGoLineTransfer,H66Wminlbiddocumentswastercontract Documants=700:G6neralConditions"REV.5y10-13.doc
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