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1999-009
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Last modified
7/6/2023 12:45:19 PM
Creation date
7/6/2023 12:38:14 PM
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Template:
Official Documents
Official Document Type
Contract
Approved Date
01/05/1999
Control Number
1999-009
Subject
Contract Documents & Specifications for Wabasso Causeway Park
Beautification Project. Arozoza Brothers
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C3 <br />i <br />0 <br />by the Contract Documents, be similar and of equal substance to that specified and be <br />suited to the same use as that specified. The application will state that the evaluation and <br />review of the proposed substitute will not prejudice CONTRACTOR'S achievement of <br />Substantial Completion on time, whether or not review of the substitute for use in the Work <br />will require a change in any of the Contract Documents (or in the provisions of any other <br />direct contract with OWNER for work on the Project) to adapt the design to the proposed <br />substitute and whether or not incorporation or use of the substitute in connection with the <br />Work is subject to payment of any license fee or royalty. All variations of the proposed <br />substitute from that specified will be identified in the application and available <br />maintenance, repair and replacement service will be indicated. The application will also <br />contain an itemizer) estimate of all costs that will result directly or indirectly from use of <br />such substitute, including costs of redesign and claims of other contractors affected by the <br />resulting change„ all of which shall be considered by Engineer in evaluating the proposed <br />.ubstitutc. <br />8.7.3. The procedure for review by Engineer will include the following: <br />a. Bequests for review of substitute items of material and equipment will not be <br />accepted by Engineer from anyone other than CONTRACTOR. <br />b. Upon receipt of an application for review of a substitution, Engineer will determine <br />whether the review will be more extensive than a normal shop drawing review for <br />the specified item. <br />c. If the substitution will not require a more extensive: review, Engineer will proceed <br />with the review without additional cost to CONTRACTOR. <br />d. If the substitution requires a more extensive review, Engineer will proceed with the <br />review only after CONTRACTOR has agreed to reimburse OWNER for the review <br />cost. <br />e. Engineer may require CONTRACTOR to furnish at CONTRACTOR'S expense <br />additional data about the proposed substitute. <br />6.7.4, if a specific means, method, technique, sequence or procedure of construction is indicated <br />in or required by the Contract Documents, CONTRACTOR may furnish or utilize a <br />substitute ineaiis, method, seijuurl�c, tee hniqu6 or pruuedui u ui Gon$i:ru6ion acceptabie <br />to Engineer, if CONTRACTOR submits sufficient information to allow Engineer to <br />determine that the substitute proposed is equivalent to that indicated or required by the <br />Contract Documents. The procedure for review by Engineer will be similar to that provided <br />in paragraph GA as applied by Engineer (and as may be supplemented in the General <br />Requirements). <br />6,7.6. Engineer will be allowed a reasonable time within which to evaluate each proposed <br />substitution. Engineer will be the sole judge of acceptability and shall have the right to <br />deny use of any proposad substitution. The CONTRACTOR shall not order, install or <br />utilize any substitution without either an executed Change Order or Engineer's notation on <br />the reviewed shop drawing. OWNER may require CONTRACTOR to ftjrni zh at <br />CONTRACTOR'S expense a special manufacturer's performance guarantee(s) or other <br />surety with respect to any substitute and an indemnification by the CON (:ACTOR. <br />Engineer will record time required by Engineer and. Engineer's consultants in evaluating <br />substitutions proposed by CONTRACTOR and in making changes in the Contract <br />Documents occasioned thereby. Whether or not a proposed substitute is used, <br />CONTRACTOR shall reimburse OWNER for the charges of Engineer and Engineer's <br />consultants for evaluating each proposed substitute. <br />6.7.6. Substitute materials or equipment may be proposed for acceptance in accordance with <br />these paragraphs (F=.1 through F.6). in the event that substitute materials or equipment <br />GFNFRAL CONDITIotiS <br />
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