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b) whether or not use of the proposed item so proposed or submitted by Contractor, Contractor
<br /> substitute item in the Work will require shall reimburse Owner for the charges of Engineer for
<br /> a change in any of the Contract Docu- evaluating each such proposed substitute. Contractor shall
<br /> ments (or in the provisions of any other also reimburse Owner for the charges of Engineer for
<br /> direct contract with Owner for other making changes in the Contract Documents (or in the
<br /> work on the Project) to adapt the design provisions of any other direct contract with Owner)
<br /> to the proposed substitute item; and resulting from the acceptance of each proposed substitute .
<br /> c) whether or not incorporation or use F . Contractor 's Expense : Contractor shall provide all data
<br /> of the proposed substitute item in con- in support of any proposed substitute or "or-equal" at
<br /> nection with the Work is subject to Contractor ' s expense.
<br /> payment of any license fee or royalty;
<br /> 6 .06 Concerning Subcontractors, Suppliers, and
<br /> 3 ) will identify : Others
<br /> a) all variations of the proposed A . Contractor shall not employ any Subcontractor,
<br /> substitute item from that specified , and Supplier, or other individual or entity (including those
<br /> acceptable to Owner as indicated in Paragraph 6 . 06 . 13 ) ,
<br /> b) available engineering, sales, whether initially or as a replacement, against whom
<br /> maintenance, repair, and replacement Owner may have reasonable objection . Contractor shall
<br /> services; not be required to employ any Subcontractor, Supplier, or
<br /> other individual or entity to furnish or perform any of the
<br /> 4) and shall contain an itemized estimate of all Work against whom Contractor has reasonable objection.
<br /> costs or credits that will result directly or indi-
<br /> rectly from use of such substitute item, including B . If the Supplementary Conditions require the identity
<br /> costs of redesign and claims of other contractors of certain Subcontractors, Suppliers, or other individuals
<br /> affected by any resulting change, or entities to be submitted to Owner in advance for
<br /> acceptance by Owner by a specified date prior to the
<br /> B . Substitute Construction Methods or Procedures: If a Effective Date of the Agreement, and if Contractor has
<br /> specific means, method, technique, sequence, or submitted a list thereof in accordance with the Supple-
<br /> procedure of construction is expressly required by the mentary Conditions, Owner ' s acceptance (either in
<br /> Contract Documents, Contractor may furnish or utilize a writing or by failing to make written objection thereto by
<br /> substitute means, method, technique, sequence, or the date indicated for acceptance or objection in the
<br /> procedure of construction approved by Engineer. Bidding Documents or the Contract Documents) of any
<br /> Contractor shall submit sufficient information to allow such Subcontractor, Supplier, or other individual or entity
<br /> Engineer, in Engineer ' s sole discretion, to determine that so identified may be revoked on the basis of reasonable
<br /> the substitute proposed is equivalent to that expressly objection after due investigation . Contractor shall submit
<br /> called for by the Contract Documents . The requirements an acceptable replacement for the rejected Subcontractor,
<br /> for review by Engineer will be similar to those provided Supplier, or other individual or entity, and the Contract
<br /> in Paragraph 6 .05 .A . 2 . Price will be adjusted by the difference in the cost
<br /> occasioned by such replacement, and an appropriate
<br /> C . Engineer 's Evaluation: Engineer will be allowed a Change Order will be issued . No acceptance by Owner of
<br /> reasonable time within which to evaluate each proposal or any such Subcontractor, Supplier, or other individual or
<br /> submittal made pursuant to Paragraphs 6 .05 .A and 6 . 05 .13 . entity, whether initially or as a replacement, shall consti-
<br /> Engineer may require Contractor to furnish additional tute a waiver of any right of Owner or Engineer to reject
<br /> data about the proposed substitute item. Engineer will be defective Work.
<br /> the sole judge of acceptability . No "or equal" or substitute
<br /> will be ordered, installed or utilized until Engineer ' s C . Contractor shall be fully responsible to Owner and
<br /> review is complete, which will be evidenced by either a Engineer for all acts and omissions of the Subcontractors,
<br /> Change Order for a substitute or an approved Shop Suppliers, and other individuals or entities performing or
<br /> Drawing for an "or equal . " Engineer will advise furnishing any of the Work just as Contractor is
<br /> Contractor in writing of any negative determination . responsible for Contractor' s own acts and omissions .
<br /> Nothing in the Contract Documents :
<br /> D . Special Guarantee: Owner may require Contractor to
<br /> furnish at Contractor' s expense a special performance 1 . shall create for the benefit of any such
<br /> guarantee or other surety with respect to any substitute. Subcontractor, Supplier, or other individual or entity
<br /> any contractual relationship between Owner or
<br /> E. Engineer 's Cost Reimbursement: Engineer will record Engineer and any such Subcontractor, Supplier or
<br /> Engineer' s costs in evaluating a substitute proposed or other individual or entity, nor
<br /> submitted by Contractor pursuant to Paragraphs 6.05 .A.2
<br /> and 6. 05 . 13 Whether or not Engineer approves a substitute
<br /> EJCDC C-700 Standard General Conditions of the Construction Contract.
<br /> Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br /> 00700 - 20
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