|
I
<br /> I
<br /> 1
<br /> replacement, against whom OWNER may have j
<br /> B. Substitute Construction Methods or Proce- reasonable objection. CONTRACTOR shall not be
<br /> dures: If a specific means, method, technique, se- required to employ any Subcontractor, Supplier, or
<br /> quence, or procedure of construction is shown or other individual or entity to furnish or perform any of
<br /> indicated in and expressly required by the Contract the Work against whom CONTRACTOR has reason-
<br /> Documents, CONTRACTOR may furnish or utilize a able objection. ;
<br /> substitute means, method, technique, sequence, or
<br /> procedure of construction approved by ENGINEER. B. If the Supplementary Conditions require the
<br /> CONTRACTOR shall submit sufficient information to identity of certain Subcontractors, Suppliers, or other
<br /> allow ENGINEER, in ENGINEER's sole discretion, to individuals or entities to be submitted to OWNER in
<br /> determine that the substitute proposed is equivalent to advance for acceptance by OWNER by a specified
<br /> that expressly called for by the Contract Documents. date prior to the Effective Date of the Agreement, and
<br /> The procedure for review by ENGINEER will be similar if CONTRACTOR has submitted a list thereof in
<br /> to that provided in subparagraph 6.05.A.2. accordance with the Supplementary Conditions,
<br /> OWNER's acceptance (either in writing or by failing to
<br /> C. Engineer's Evaluation: ENGINEER will be make written objection thereto by the date indicated
<br /> allowed a reasonable time within which to evaluate for acceptance or objection in the Bidding Documents
<br /> each proposal or submittal made pursuant to para- or the Contract Documents) of any such Subcon-
<br /> graphs 6.05.A and 6.05.B. ENGINEER will be the tractor, Supplier, or other individual or entity so
<br /> sole judge of acceptability. No"or-equal" or substitute identified may be revoked on the basis of reasonable
<br /> will be ordered, installed or utilized until ENGINEER's objection after due investigation. CONTRACTOR
<br /> review is complete, which will be evidenced by either a shall submit an acceptable replacement for the
<br /> Change Order for a substitute or an approved Shop rejected Subcontractor, Supplier, or other individual or
<br /> Drawing for an "or equal." ENGINEER will advise entity, and the Contract Price will be adjusted by the
<br /> CONTRACTOR in writing of any negative difference in the cost occasioned by such
<br /> determination. replacement, and an appropriate Change Order will be
<br /> issued or Written Amendment signed. No acceptance
<br /> D. Special Guarantee: OWNER may require by OWNER of any such Subcontractor, Supplier, or
<br /> CONTRACTOR to furnish at CONTRACTOR's ex- other individual or entity, whether initially or as a
<br /> pense a special performance guarantee or other replacement, shall constitute a waiver of any right of
<br /> surety with respect to any substitute. OWNER or ENGINEER to reject defective Work.
<br /> E. ENGINEER's Cost Reimbursement., C. CONTRACTOR shall be fully responsible to
<br /> ENGINEER will record time required by ENGINEER OWNER and ENGINEER for all acts and omissions of
<br /> and ENGINEER's Consultants in evaluating substitute the Subcontractors, Suppliers, and other individuals or
<br /> proposed or submitted by CONTRACTOR pursuant to entities performing or furnishing any of the Work just
<br /> paragraphs 6.05.A.2 and 6.05.13 and in making as CONTRACTOR is responsible for
<br /> changes in the Contract Documents (or in the CONTRACTOR's own acts and omissions. Nothing in
<br /> provisions of any other direct contract with OWNER the Contract Documents shall create for the benefit of
<br /> for work on the Project) occasioned thereby. Whether any such Subcontractor, Supplier, or other individual
<br /> or not ENGINEER approves a substitute item so pro- or entity any contractual relationship between OWNER
<br /> posed or submitted by CONTRACTOR, CON- or ENGINEER and any such Subcontractor, Supplier
<br /> TRACTOR shall reimburse OWNER for the charges or other individual or entity, nor shall it create any
<br /> of ENGINEER and ENGINEER's Consultants for obligation on the part of OWNER or ENGINEER to
<br /> evaluating each such proposed substitute. pay or to see to the payment of any moneys due any
<br /> such Subcontractor, Supplier, or other individual or
<br /> F. CONTRACTOR's Expense: CONTRACTOR entity except as may otherwise be required by Laws
<br /> shall provide all data in support of any proposed and Regulations.
<br /> substitute or"or-equal"at CONTRACTOR's expense.
<br /> D. CONTRACTOR shall be solely responsible
<br /> 6.06 Concerning Subcontractors, Suppliers, for scheduling and coordinating the Work of Subcon
<br /> and Others tractors, Suppliers, and other individuals or entities
<br /> performing or furnishing any of the Work under a
<br /> A. CONTRACTOR shall not employ any direct or indirect contract with CONTRACTOR.
<br /> Subcontractor, Supplier, or other individual or entity
<br /> (including those acceptable to OWNER as indicated in E. CONTRACTOR shall require all Subcontrac-
<br /> paragraph 6.06.B), whether initially or as a tors, Suppliers, and such other individuals or entities
<br /> 00700-General Conditions REV 510-13
<br /> 00700-21
<br /> FAPublic Works\ENGINEERING DIVISION PROJECTS11G49_81h St Sidewalk Improvements(58th Ave to 21st Court)\Admim\bid documents\LAP DocumentsWasler Contract
<br /> Documents100700-General Conditions REV 5ID-13.doc
<br />
|