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<br />c) whether or not incorporation or use
<br />of the proposed substitute item in con-
<br />nection with the Work is subject to
<br />payment of any license fee or royalty;
<br />
<br />3) will identify:
<br />
<br />a) all variations of the proposed
<br />substitute item from that specified, and
<br />
<br />b) available engineering, sales,
<br />maintenance, repair, and replacement
<br />services;
<br />
<br />4) and shall contain an itemized esti-
<br />mate of all costs or credits that will result
<br />directly or indirectly from use of such substitute
<br />item, including costs of redesign and claims of
<br />other contractors affected by any resulting
<br />change,
<br />
<br />B. Substitute Construction Methods or Proce-
<br />dures: If a specific means, method, technique, sequence,
<br />or procedure of construction is expressly required by the
<br />Contract 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 allow
<br />Engineer, in Engineer's sole discretion, to determine that
<br />the substitute proposed is equivalent to that expressly
<br />called for by the Contract Documents. The requirements
<br />for review by Engineer will be similar to those provided
<br />in Paragraph 6.05.A.2.
<br />
<br />C. Engineer's Evaluation: Engineer will be
<br />allowed a reasonable time within which to evaluate each
<br />proposal or submittal made pursuant to Paragraphs 6.05.A
<br />and 6.05.B. Engineer may require Contractor to furnish
<br />additional data about the proposed substitute item.
<br />Engineer will be the sole judge of acceptability. No "or
<br />equal" or substitute will be ordered, installed or utilized
<br />until Engineer's review is complete, which will be
<br />evidenced by either a Change Order for a substitute or an
<br />approved Shop Drawing for an "or equal." Engineer will
<br />advise Contractor in writing of any negative
<br />detennination.
<br />
<br />D. Special Guarantee: Owner may require
<br />Contractor to furnish at Contractor's expense a special
<br />perfonnance guarantee or other surety with respect to any
<br />substitute.
<br />
<br />Documents (or in the prOVlSlons of any other direct
<br />contract with Owner) resulting from the acceptance of
<br />each proposed substitute.
<br />
<br />F. Contractor's Expense: Contractor shall
<br />provide all data in support of any proposed substitute or
<br />"or-equal" at Contractor's expense.
<br />
<br />6.06 Concerning Subcontractors, Suppliers, and
<br />Others
<br />
<br />A. Contractor shall not employ any Subcon-
<br />tractor, Supplier, or other individual or entity (including
<br />those acceptable to Owner as indicated in Paragraph
<br />6.06.B), whether initially or as a replacement, against
<br />whom Owner may have reasonable objection. Contractor
<br />shall not be required to employ any Subcontractor,
<br />Supplier, or other individual or entity to furnish or
<br />perfonn any of the Work against whom Contractor has
<br />reasonable objection.
<br />
<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 date
<br />prior to the Effective Date of the Agreement, and if
<br />Contractor has submitted a list thereof in accordance with
<br />the Supplementary Conditions, Owner's acceptance
<br />(either in writing or by failing to make written objection
<br />thereto by the date indicated for acceptance or objection
<br />in the Bidding Documents or the Contract Documents) of
<br />any such Subcontractor, Supplier, or other individual or
<br />entity so identified may be revoked on the basis of reason-
<br />able objection after due investigation. Contractor shall
<br />submit an acceptable replacement for the rejected
<br />Subcontractor, Supplier, or other individual or entity, and
<br />the Contract Price will be adjusted by the difference in the
<br />cost occasioned by such replacement, and an appropriate
<br />Change Order will be issued. No acceptance by Owner of
<br />any such Subcontractor, Supplier, or other individual or
<br />entity, whether initially or as a replacement, shall consti-
<br />tute a waiver of any right of Owner or Engineer to reject
<br />defective Work.
<br />
<br />C. Contractor shall be fully responsible to Owner
<br />and Engineer for all acts and omissions of the
<br />Subcontractors, Suppliers, and other individuals or
<br />entities perfonning or furnishing any of the Work just as
<br />Contractor is responsible for Contractor's own acts and
<br />omissions. Nothing in the Contract Documents:
<br />
<br />1. shall create for the benefit of any such
<br />Subcontractor, Supplier, or other individual or entity any
<br />contractual relationship between Owner or Engineer and
<br />any such Subcontractor, Supplier or other individual or
<br />entity, nor
<br />
<br />E. Engineer's Cost Reimbursement: Engineer
<br />will record Engineer's costs in evaluating a substitute
<br />proposed or submitted by Contractor pursuant to
<br />Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer
<br />approves a substitute item so proposed or submitted by
<br />Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents
<br />charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or
<br />substitute. Contractor shall also reimburse Owner for the Engineer to payor to see to the payment of any moneys
<br />charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual
<br />
<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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