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Agenda - Council - 09/27/2016
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Agenda - Council - 09/27/2016
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Meetings
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Meeting Type
Council
Document Date
09/27/2016
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b) available engineering, <br />sales, maintenance, repair, <br />and replacement services; <br />4) and shall contain an itemized <br />estimate of all costs or credits <br />that will result directly or <br />indirectly from use of such <br />substitute item, including costs <br />of redesign and claims of other <br />contractors affected by any <br />resulting change, <br />B. Substitute Construction Methods or <br />Procedures: If a specific means, method, <br />technique, sequence, or procedure of <br />construction is expressly required by the <br />Contract Documents, Contractor may furnish <br />or utilize a substitute means, method, <br />technique, sequence, or procedure of <br />construction approved by Engineer. <br />Contractor shall submit sufficient information <br />to allow Engineer, in Engineer's sole <br />discretion, to determine that the substitute <br />proposed is equivalent to that expressly called <br />for by the Contract Documents. The <br />requirements for review by Engineer will be <br />similar to those provided in Paragraph <br />6.05.A.2. <br />C. Engineer's Evaluation: Engineer will be <br />allowed a reasonable time within which to <br />evaluate each proposal or submittal made <br />pursuant to Paragraphs 6.05.A and 6.05.B. <br />Engineer may require Contractor to furnish <br />additional data about the proposed substitute <br />item. Engineer will be the sole judge of <br />acceptability. No "or equal" or substitute will <br />be ordered, installed or utilized until <br />Engineer's review is complete, which will be <br />evidenced by either a Change Order for a <br />substitute or an approved Shop Drawing for <br />an "or equal." Engineer will advise Contractor <br />in writing of any negative determination. <br />D. Special Guarantee: Owner may require <br />Contractor to furnish at Contractor's expense <br />a special performance guarantee or other <br />surety with respect to any substitute. <br />E. Engineer's Cost Reimbursement: Engineer <br />will record Engineer's costs in evaluating a <br />substitute proposed or submitted by <br />Contractor pursuant to Paragraphs 6.05.A.2 <br />and 6.05.B Whether or not Engineer approves <br />a substitute item so proposed or submitted by <br />Contractor, Contractor shall reimburse Owner <br />for the charges of Engineer for evaluating <br />each such proposed substitute. Contractor <br />shall also reimburse Owner for the charges of <br />Engineer for making changes in the Contract <br />Documents (or in the provisions of any other <br />direct contract with Owner) resulting from the <br />acceptance of each proposed substitute. <br />F. Contractor's Expense: Contractor shall <br />provide all data in support of any proposed <br />substitute or "or -equal" at Contractor's <br />expense. <br />6.06 Concerning Subcontractors, Suppliers, and Others <br />A. Contractor shall not employ any <br />Subcontractor, Supplier, or other individual or <br />entity (including those acceptable to Owner as <br />indicated in Paragraph 6.06.B), whether <br />initially or as a replacement, against whom <br />Owner may have reasonable objection. <br />Contractor shall not be required to employ <br />any Subcontractor, Supplier, or other <br />individual or entity to furnish or perform any <br />of the Work against whom Contractor has <br />reasonable objection. <br />B. If the Supplementary Conditions require the <br />identity of certain Subcontractors, Suppliers, <br />or other individuals or entities to be submitted <br />to Owner in advance for acceptance by Owner <br />by a specified date prior to the Effective Date <br />of the Agreement, and if Contractor has <br />submitted a list thereof in accordance with the <br />Supplementary Conditions, Owner's <br />acceptance (either in writing or by failing to <br />make written objection thereto by the date <br />indicated for acceptance or objection in the <br />Bidding Documents or the Contract <br />Documents) of any such Subcontractor, <br />Supplier, or other individual or entity so <br />identified may be revoked on the basis of <br />reasonable objection after due investigation. <br />Contractor shall submit an acceptable <br />replacement for the rejected Subcontractor, <br />Supplier, or other individual or entity, and the <br />Contract Price will be adjusted by the <br />difference in the cost occasioned by such <br />replacement, and an appropriate Change <br />Order will be issued . No acceptance by <br />Owner of any such Subcontractor, Supplier, <br />or other individual or entity, whether initially <br />or as a replacement, shall constitute a waiver <br />Standard General Conditions <br />00 72 00-20 <br />
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