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(05-10-01) Central Island Drainage & St. Improv.
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Last modified
6/13/2012 3:15:06 AM
Creation date
1/19/2011 10:58:50 AM
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CityClerk-Bids_RFP_RFQ
Project Name
Central Island Drainage & St. Improv.
Bid No. (xx-xx-xx)
05-10-01
Project Type (Bid, RFP, RFQ)
Bid
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fl <br />t <br />t <br />paragraph 6.05.A.1, it will be considered a proposed <br />substitute item. <br />b. CONTRACTOR shall submit sufficient <br />information as provided below to allow ENGINEER <br />to determine that the item of material or equipment <br />proposed is essentially equivalent to that named and <br />an acceptable substitute therefor. Requests for <br />review of proposed substitute items of material or <br />equipment will not be accepted by ENGINEER from <br />anyone other than CONTRACTOR. <br />c. The procedure for review by ENGINEER <br />will be as set forth in paragraph 6.05.A.2.d, as <br />supplemented in the General Requirements and as <br />ENGINEER may decide is appropriate under the <br />circumstances. <br />d. CONTRACTOR shall first make written <br />application to ENGINEER for review of a proposed <br />substitute item of material or equipment that <br />CONTRACTOR seeks to furnish or use. The <br />application shall certify that the proposed substitute <br />item will perform adequately the functions and <br />achieve the results called for by the general design, <br />be similar in substance to that specified, and be suited <br />to the same use as that specified. The application <br />will state the extent, if any, to which the use of the <br />proposed substitute item will prejudice <br />CONTRACTOR's achievement of Substantial <br />Completion on time, whether or not use of the <br />proposed substitute item in the Work will require a <br />change in any of the Contract Documents (or in the <br />provisions of any other direct contract with OWNER <br />for work on the Project) to adapt the design to the <br />proposed substitute item and whether or not <br />incorporation or use of the proposed substitute item <br />in connection with the Work is subject to payment of <br />any license fee or royalty. All variations of the pro- <br />posed substitute item from that specified will be <br />identified in the application, and available <br />engineering, sales, maintenance, repair, and <br />replacement services will be indicated. The <br />application will also contain an itemized estimate of <br />all costs or credits that will result directly or indi- <br />rectly from use of such substitute item, including <br />costs of redesign and claims of other contractors <br />affected by any resulting change, all of which will be <br />considered by ENGINEER in evaluating the proposed <br />substitute item. ENGINEER may require CON- <br />TRACTOR to furnish additional data about the pro- <br />posed substitute item. <br />B. Substitute Construction Methods or Procedures: If a <br />specific means, method, technique, sequence, or procedure <br />of construction is shown or indicated in and expressly <br />required by the Contract Documents, CONTRACTOR may <br />furnish or utilize a substitute means, method, technique, <br />sequence, or procedure of construction approved by ENGI- <br />NEER. CONTRACTOR shall submit sufficient information <br />to allow ENGINEER, in ENGINEER's sole discretion, to <br />determine that the substitute proposed is equivalent to that <br />expressly called for by the Contract Documents. The proce- <br />dure for review by ENGINEER will be similar to that <br />provided in subparagraph 6.05.A.2. <br />C. Engineer's Evaluation: ENGINEER will be allowed <br />a reasonable time within which to evaluate each proposal or <br />submittal made pursuant to paragraphs 6.05.A and 6.05.13. <br />ENGINEER will be the sole judge of acceptability. No <br />"or -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 />determination. <br />D. Special Guarantee: OWNER may require CON- <br />TRACTOR to furnish at CONTRACTOR's expense a special <br />performance guarantee or other surety with respect to any <br />substitute. <br />E. ENGINEER's Cost Reimbursement: ENGINEER will <br />record time required by ENGINEER and ENGINEER's <br />Consultants in evaluating substitute proposed or submitted by <br />CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B <br />and in making changes in the Contract Documents (or in the <br />provisions of any other direct contract with OWNER for <br />work on the Project) occasioned thereby. Whether or not <br />ENGINEER approves a substitute item so proposed or <br />submitted by CONTRACTOR, CONTRACTOR shall <br />reimburse OWNER for the charges of ENGINEER and <br />ENGINEER's Consultants#or.evaluadng each such proposed <br />substitute. <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 />6.06 Concerning Subcontractors, Suppliers, and Others <br />A. CONTRACTOR shall not employ any Subcontractor, <br />Supplier, or other individual or entity (including those <br />acceptable to OWNER as indicated in paragraph 6.06.13), <br />whether initially or as a replacement, against whom OWNER <br />may have reasonable objection. CONTRACTOR shall not be <br />required to employ any Subcontractor, Supplier, or other <br />indididual or entity to furnish or perform any of the Work <br />against whom CONTRACTOR has reasonable objection. <br />B. If the Supplementary Conditions require the identity <br />of certain Subcontractors, Suppliers, or other individuals or <br />1 00700-20 <br />
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