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or equipment will not be accepted by ENGINEER D . Special Guarantee: OWNER may require CON-
<br /> from anyone other than CONTRACTOR. TRACTOR to furnish at CONTRACTOR's expense a special
<br /> performance guarantee or other surety with respect to any
<br /> vow c. The procedure for review by ENGINEER substitute.
<br /> will be as set forth in paragraph 6.05.A. 2.d , as
<br /> supplemented in the General Requirements and as E. ENGINEER's Cost Reimbursement: ENGINEER will
<br /> ENGINEER may decide is appropriate under the record time required by ENGINEER and ENGINEER's Consul-
<br /> circumstances . tants in evaluating substitute proposed or submitted by
<br /> CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6. 05. 6
<br /> d. CONTRACTOR shall first make written and in making changes in the Contract Documents (or in the
<br /> application to ENGINEER for review of a proposed provisions of any other direct contract with OWNER for work on
<br /> substitute item of material or equipment that the Project) occasioned thereby. Whether or not ENGINEER
<br /> CONTRACTOR seeks to furnish or use. The approves a substitute item so proposed or submitted by CON-
<br /> application shall certify that the proposed substitute TRACTOR, CONTRACTOR shall reimburse OWNER for the
<br /> item will perform adequately the functions and charges of ENGINEER and ENGINEER's Consultants
<br /> for
<br /> achieve the results called for by the general design, evaluating each such proposed substitute.
<br /> be similar in substance to that specified, and be
<br /> suited to the same use as that specified. The appli- F. CONTRACTOR's Expense: CONTRACTOR shall
<br /> cation will state the extent, if any, to which the use provide all data in support of any proposed
<br /> substitute or
<br /> of the proposed substitute item will prejudice "or-equal" at CONTRACTOR's expense.
<br /> CONTRACTOR's achievement of Substantial
<br /> Completion on time, whether or not use of the 6.06 Concerning Subcontractors, Suppliers, and Others{tc
<br /> proposed substitute item in the Work will require a \n "6.06 Concerning Subcontractors, Suppliers, and Others"j
<br /> change in any of the Contract Documents (or in the
<br /> provisions of any other direct contract with OWNER A. CONTRACTOR shall not employ any Subcontractor,
<br /> for work on the Project) to adapt the design to the Supplier, or other individual or entity (including those acceptable
<br /> proposed substitute item and whether or not to OWNER as indicated in paragraph 6.06. 6), whether initially
<br /> incorporation or use of the proposed substitute item or as a replacement, against whom OWNER may have reason-
<br /> in connection with the Work is subject to payment of able objection. CONTRACTOR shall not be required to employ
<br /> any license fee or royalty. All variations of the pro- any Subcontractor, Supplier, or other individual or entity
<br /> to
<br /> posed substitute item from that specified will be furnish or perform any of the Work against whom
<br /> identified in the application , and available CONTRACTOR has reasonable objection,
<br /> engineering , sales, maintenance, repair, and
<br /> replacement services will be indicated , The B. If the Supplementary Conditions require the identity of
<br /> application will also contain an itemized estimate of certain Subcontractors, Suppliers , or other individuals or entities
<br /> all costs or credits that will result directly or indirectly to be submitted to OWNER in advance for acceptance by
<br /> from use of such substitute item, including costs of OWNER by a specified date prior to the Effective Date of the
<br /> redesign and claims of other contractors affected by Agreement, and if CONTRACTOR has submitted a list thereof
<br /> any resulting change, all of which will be considered in accordance with the Supplementary Conditions, OWN €R's
<br /> by ENGINEER in evaluating the proposed substitute acceptance (either in writing or by failing to make written objec-
<br /> item. ENGINEER may require CONTRACTOR to tion thereto by the date indicated for acceptance or objection in
<br /> furnish additional data about the proposed the Bidding Documents or the Contract Documents ) of any such
<br /> substitute item. Subcontractor, Supplier, or other individual or entity so identified
<br /> may be revoked on the basis of reasonable objection after due
<br /> B . Substitute Construction Methods or Procedures: If a investigation. CONTRACTOR shall submit an acceptable
<br /> specific means , method , technique, sequence, or procedure of replacement for the rejected Subcontractor, Supplier, or other
<br /> construction is shown or indicated in and expressly required by individual or entity, and the Contract Price will be adjusted
<br /> by
<br /> the Contract Documents, CONTRACTOR may furnish or utilize the difference in the cost occasioned by such replacement, and
<br /> a substitute means, method, technique, sequence, or procedure an appropriate Change Order will be Issued or Written
<br /> of construction approved by ENGINEER. CONTRACTOR shall Amendment signed . No acceptance by OWNER of any such
<br /> submit sufficient information to allow ENGINEER, in Subcontractor, Supplier, or other individual or entity, whether
<br /> ENGINEER's sole discretion, to determine that the substitute initially or as a replacement, shall constitute a waiver
<br /> of any
<br /> proposed is equivalent to that expressly called for by the fight of OWNER or ENGINEER to reject defective Work.
<br /> Contract Documents. The procedure for review by ENGINEER
<br /> will be similar to that provided in subparagraph 6. 05.A.2. C. CONTRACTOR shall be fully responsible to OWNER
<br /> and ENGINEER for all acts and omissions of the
<br /> C. Engineer's Evaluation: ENGINEER will be allowed a Subcontractors, Suppliers , and other individuals or entities
<br /> reasonable time within which to evaluate each proposal or performing or furnishing any of the Work just as
<br /> submittal made pursuant to paragraphs 6. 05.A and 6.05. 6. CONTRACTOR is responsible for CONTRACTOR's own acts
<br /> ENGINEER will be the sole judge of acceptability. No "or-equal" and omissions. Nothing in the Contract Documents shall create
<br /> or substitute will be ordered , installed or utilized until for the benefit of any such Subcontractor, Supplier, or other
<br /> ENGINEER's review is complete, which will be evidenced by individual or entity any contractual relationship between
<br /> either a Change Order for a substitute or an approved Shop OWNER or ENGINEER and any such Subcontractor, Supplier
<br /> Drawing for an "or equal . " ENGINEER will advise or other individual or entity, nor shall it create any obligation on
<br /> CONTRACTOR in writing of any negative determination , the part of OWNER or ENGINEER to pay or to see to the
<br /> *41W payment of any moneys due any such Subcontractor, Supplier,
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