Laserfiche WebLink
royalty. All variations or Ibc propo:~cd sobstittue front that <br />sp~cilled will bc identified in thc application and available <br />mnintemmce, repair and replacement service ,.,..ill be indi- <br />cated. The application will also contain an itemized esti- <br />mate of all costs that wiB result directly or indirectly from <br />acceptance of such substitute, including costs of redesign <br />and claims of other contractors affected by the resulting <br />change, all of which shall be considered by ENGINEER <br />in evaluating the proposed substitute. ENGINEER ma)' <br />require CONTRACTOR to furnish at CONTRACTOR's <br />expense additional data about the proposed substitute. <br /> 6.'/.3.2. Ifa specific means, method, technique, sequence <br /> or procedure of construction is indicated in or required by' <br /> the Contract Documents. CONTRACTOR may furnish or <br /> utilize: a substitute means, method, sequence, technique <br /> <br />OWNER and ENGINEER and if CONTRACTOR has <br />submitted a llst thereof in accordance with the Supple- <br />mentary Conditions. OWN ER's or ENGINEER's accept- <br />ance (eit he~: in writing or by failing to make written objec- <br />tion thereto by the date indicated for acceptance or objec- <br />tion in the bidding documents or the Contn~ct Documents) <br />of any such Subcontractor. Supplier or other person or <br />organization so identified may be rcvokcd on the basis of <br />reasonable objection after due investigation, in which case <br />CONTRACTOR shall submit an acceptable substitute, the <br />Contract Price will be increased by the difference in the <br />cost occasioned by such substitution and an appropriate <br />Change Order will be issued or Written Amendment signed. <br />No acceptance by OWNER or ENGINEER Gl'any such <br />Subcontractor. Supplier or other person or organization <br />shall constitute a waiver of any right of OWN ER or ENG!- <br /> <br />or procedure or' construction acceptable to ENGINEER. NEER to reject de£ectire Work. <br />if CONTRACTOR submits sufficient information to allow <br />ENGINEER to determine that the substitute proposed is . '~ 6.9. CONTPOkCTOR shall be fully respoosib[e toOWNER <br />equivalent to that indicated or required by the Contract and ENGINEER for all acts and omissions of the Subeon- <br />Documents. The procedur,, for review by ENGINEER ' tractors. Suppliers and other persons and organizations per- <br /> <br />will be similar to that nrovided in paragraph 6.7. I as applied <br />by ENGINEER and as may be supplemented in the Ged,-' <br />era[ Requirements. <br /> 6.7.3. ENGINEER will be allowed a reasonable time <br />within which to evaluate each proposed substitute. ENGI- <br />NEER will be the sole judge or' acceptability, and no <br />substitute will be ordered, installed or utilized without <br />ENGINEER's prior written acceptance which wit[ be evi- <br />denced by either a Change Order or an approved Shop <br />Drawing. OWNER may require CONTRACTOR to fur- <br />nish at CONTRACTOR's expense a special ped'ormance <br />guarantee or other surety with respect to any subst{tute. <br />ENGINEER will record time required by ENGINEER <br />and ENGINEER's consultants in evaluating substitution, s <br />proposed by CONTRACTOR and in making changes tn <br />the Contract Documents occasioned thereby. Whether or <br />not ENGINEER accepts a proposed substitute. CON- <br />TRACTOR shall reimburse OWNER for the charges of <br />ENGINEER and ENGINEER's consultants for evaluat- <br />ing each proposed substitute. <br /> <br />Concerning Subcontracter~, Suppliers and Others: <br /> 6.8.1. CONTRACTOR shall not employ any Subcon' <br /> tractor. Supplier or other person or organlzation (including <br /> those acceptable to OWNER and ENGINEER as indi- <br /> cated in paragraph 6.$.2}. whether initially or as a substi- <br /> tute. against whom OWNER or ENGINEER may have <br /> reasonable objection. CONTRACTOR shall not be required <br /> to employ any Subcontractor. Supplier or other person or <br /> organization to furnish or peri'orm any of the Work against <br /> whom CONTRACTOR has reasonable objegtion. <br /> 6.8.2. If the Supplementary Conditions require the <br /> identity of certain Subcontractors. Suppliers or other per- <br /> sons or organizations {including those who are to furnish <br /> the principal items of materials and equipment) to be sub- <br /> mitted to OWNER in advance of the specified date prior <br /> to the Effective Date of the Agreement for acceptanc~ by <br /> <br />forming oi' furnishing any of the Work under a direct or <br />indirect contract with CONTRACTOR just as CONTRAC- <br />TOR is responsible for CONTRACTOR's own acts and omis- <br />sions. Nothing in the Contract Documents shall create any <br />contractual relationship between OWNER or ENGINEER <br />and any' such Subcontractor. Supplier or other person or <br />organization, nor shall it create any obligation on the part of <br />OWNER or ENGINEER to pay or to see to the payment or' <br />any moneys due any such Subcontractor. Supplier or other <br />person or organization except as may otherwise be required <br />by Laws and Regulations. <br /> 6.10. The divisions and sections of the Specifications and <br /> the identifications of any Drawings shall not control CON- <br /> TRACTOR in dividing the Work among Subcontractors or <br /> Suppliers or delineating the Work to be perfurmed by any <br /> specific trade. <br /> 6.1 I. All Work ped'ormed for CONTRACTOR by a Sub- <br /> contractor will be pursuant to an appropriate agreement <br /> between CONTRACTOR and the Subcontractor which spe- <br /> cifically binds the Subcontractor to the applicable terms and <br /> conditions of the Contract Documents for the benefit of <br /> OWNER and ENGINEER and contains waiver provisions <br /> as required by paragraph 5.11. CONTRACTOR shall pay <br /> each Subcontractor a just share of any insurance moneys <br /> received by CONTRACTOR. on account of losses under pol- <br /> icies issued pursuant to paragraphs 5.6 and 5.7. <br /> <br />Patent Fees and t~oyaltles: <br /> 6.12. CONTRACTOR shall pay all license fees and roy- <br />alties and assume all costs incident td the usc in the ped'or- <br />mance of the Work or the incorporation in the Work of any <br />invention, design, process, product or dcv[ce which is the <br />subject of. patent rights or copyrights held by others, if a <br />particular invention, design, process, product or device is <br />specified in thc Contract Documents for use in the perfor- <br />mance of the Work and if to the actual knowlcdgc o~'OWN ER <br /> <br />· *See Supplementary Conditions <br /> <br /> <br />