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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 furnish additional
<br />data about the proposed substitute item.
<br />B. Substitute Construction Methods or Proce-
<br />dures: If a specific means, method, technique, se-
<br />quence, or procedure of construction is shown or
<br />indicated in and expressly required by the Contract
<br />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
<br />allow ENGINEER, in ENGINEER's sole discretion, to
<br />determine that the substitute proposed is equivalent to
<br />that expressly called for by the Contract Documents.
<br />The procedure for review by ENGINEER will be similar
<br />to that provided in subparagraph 6.05.A.2.
<br />C. Engineer's Evaluation: ENGINEER will be
<br />allowed a reasonable time within which to evaluate
<br />each proposal or submittal made pursuant to para-
<br />graphs 6.05.A and 6.05.B. ENGINEER will be the
<br />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
<br />determination.
<br />D. Special Guarantee: OWNER may require
<br />CONTRACTOR to furnish at CONTRACTOR's ex-
<br />pense a special performance guarantee or other
<br />surety with respect to any substitute.
<br />E. ENGINEER's Cost Reimbursement:
<br />ENGINEER will record time required by ENGINEER
<br />and ENGINEER's Consultants in evaluating substitute
<br />proposed or submitted by CONTRACTOR pursuant to
<br />paragraphs 6.05.A.2 and 6.05.6 and in making
<br />changes in the Contract Documents (or in the
<br />provisions of any other direct contract with OWNER
<br />for work on the Project) occasioned thereby. Whether
<br />or not ENGINEER approves a substitute item so pro-
<br />posed or submitted by CONTRACTOR, CON-
<br />TRACTOR shall reimburse OWNER for the charges
<br />of ENGINEER and ENGINEER's Consultants for
<br />evaluating each such proposed substitute.
<br />F. CONTRACTOR's Expense: CONTRACTOR
<br />shall provide all data in support of any proposed
<br />substitute or "or -equal" at CONTRACTOR's expense.
<br />6.06 Concerning Subcontractors, Suppliers,
<br />and Others
<br />A. CONTRACTOR shall not employ 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 />required to employ any Subcontractor, Supplier, or
<br />other individual or entity to furnish or perform any of
<br />the Work against whom CONTRACTOR has reason-
<br />able objection.
<br />B. If the Supplementary Conditions require the
<br />identity of certain Subcontractors, Suppliers, or other
<br />individuals or entities to be submitted to OWNER in
<br />advance for acceptance by OWNER by a specified
<br />date prior to the Effective Date of the Agreement, and
<br />if CONTRACTOR has submitted a list thereof in
<br />accordance with the Supplementary Conditions,
<br />OWNER's acceptance (either in writing or by failing to
<br />make written objection thereto by the date indicated
<br />for acceptance or objection in the Bidding Documents
<br />or the Contract Documents) of any such Subcon-
<br />tractor, Supplier, or other individual or entity so
<br />identified may be revoked on the basis of reasonable
<br />objection after due investigation. CONTRACTOR
<br />shall submit an acceptable replacement for the
<br />rejected Subcontractor, Supplier, or other individual or
<br />entity, and the Contract Price will be adjusted by the
<br />difference in the cost occasioned by such
<br />replacement, and an appropriate Change Order will be
<br />issued or Written Amendment signed. No acceptance
<br />by OWNER of any such Subcontractor, Supplier, or
<br />other individual or entity, whether initially or as a
<br />replacement, shall constitute a waiver of any right of
<br />OWNER or ENGINEER to reject defective Work.
<br />C. CONTRACTOR shall be fully responsible to
<br />OWNER and ENGINEER for all acts and omissions of
<br />the Subcontractors, Suppliers, and other individuals or
<br />entities performing or furnishing any of the Work just
<br />as CONTRACTOR is responsible for
<br />CONTRACTOR's own acts and omissions. Nothing in
<br />the Contract Documents shall create for the benefit of
<br />any such Subcontractor, Supplier, or other individual
<br />or entity any contractual relationship between OWNER
<br />or ENGINEER and any such Subcontractor, Supplier
<br />or other individual or entity, nor shall it create any
<br />obligation on the part of OWNER or ENGINEER to
<br />pay or to see to the payment of any moneys due any
<br />such Subcontractor, Supplier, or other individual or
<br />entity except as may otherwise be required by Laws
<br />and Regulations.
<br />00700 - General Conditions REV 5-10-13
<br />00700 - 20
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