07-E T-Hangar Contract Award - Laserfiche WebLink

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royahy. All '.miatinnsofth¢ proposed substitute from Ihat OWN ER and ENGINEER and it' CON I'RACTOR has specilied ,.','ill bc identified in thc*~q*plication and uvaihd',le submitted a list thereof in accordance with the Supple- maimenanc¢, repel: and rcph~ccmcnt SCl-Vice will be indi- meat;try C',m,,litlons. OWNER's or ENGIN E UF"s accept- creed. The application ','.'ill also c,.mtain an itemized esti- tulce {eft hca' in '*','fling or by failing It'. make ,.v~itten obj¢c- mate of all costs that ,.,.'ill resu directly or nd racily from lion thereto by the date indicated for acceptance or objec- acceptance of such substitute, including costs of redesign lion in the bidding ducuments or the Contract Documents) and claims of other contractors affected by the resulting of any such Subcontractor. Supplier or other person or change, all of which shall be considered by ENGINEER organization so identified ma.'., be revoked on the basis of in evaluating the proposed substitute. ENGINEER may reasonable objection after due investigation, in which case require CONTRACTOR to furnish at CONTRACTOR's, CONTRACTORshallsubmitanacccpmblesubstitute,the expense additional data about Ihe proposed substitute. Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate 6.'/.2. Ifa specific means, method, technique, sequence Change Order will be issued or Written Amendment signed. or procedu,'e of coast:action is indicated in or required by No acceptance by OWN ER or ENGINEER of any such the Contract Documents, CONTRACTOR may furnish or Subcontractor. Supplier or other person or organization utiliz<: a substitute means, method, sequence, technique shall constitute a waiver of any right of OWNER or ENGI- or procedure of construction acceptable to ENGINEER. NEER to reject defective Work. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is · ~ 6.9. CONTRACTOR shall be fully responsible to OWNER equivalent to that indicated or required by Ihe Contract and ENGINEER for all acts and omissions of the Subcon- Documents. The procedur., for review by ENGINEER tractors. Suppliers and other persons and organizations per- wilt be similar to that 13rovided in paragraph 6.7.1 as applied forming or furnishing any of the Work under a direct or by ENGINEER and as may be supplemented in the Gun- indirect contract with CONTRACTOR just as CONTRAC- eraI Requirements. TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any 6.7.3. ENGINEER will be allowed a reasonable time contractual relationship between OWNER or ENGINEER within which to evaluate each proposed substitute. ENGI- and any such Subcontractor, Supplier or other person or NEER wilI be the sole judge of acceptability, and no organization, nor shall it create any obligation on the part of substitute wilI be ordered, installed or utilized without OWNER or ENGINEER to pay or lo see to the payment of ENGINEER's prior written acceptance which will be evi- any moneys due any such Subcontractor, Supplier or other dented by either a Change Order or an approved Shop person or organization except as may otherwise be required Drawing. OWNER may require CONTRACTOR to fur- by Laws and Regulations. nish at CONTRACTOR's expense a special performance guarantee or other surety wilh respect to any substitute. 6.10. The divisions and sections of Ibc Specifications and ENGINEER will record time required by ENGINEER the identifications of any Drawings shall not control CON- and ENGINEER's consultants in evaluating substitutions TRACTOR in dividing the Work among Subcontractors or proposed by CONTRACTOR and in making changes in Suppliers or delineating the Work to be performed by any the Contract Documenls occasioned thereby. Whether or specific trade. not ENGINEER accepts a proposed substitute, CON- TRACTOR *hall reimburse OWNER for the charges of 6.11. All Work performed for CONTRACTOR by a Sub- ENGINEER and ENGINEER's consultants for evaluat- contractor will be pursuant to an appropriate ag:cement ina each proposed substitute, between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Concerning Subcontractors, Suppliers and Others: OWNER and ENGINEER and contains waiver provisions 6.8.1. CONTRACTOR shall not employ any Subeon- as required by paragraph 5.11. CONTRACTOR shall pay tractor, Supplierorotherpersonororganization(including each Subcontractor a just share of any insurafice moneys those acceptable to OWNER and ENGINEER as indl- received by CONTRACTOR on account olios*es under poi- cared in paragraph 6.8.2), whether initially or as a substi- icies issued pursuant to paragraphs 5.6 and 5.7. tutu, against whom OWNER or ENGINEER may have reasonable objection, CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or Patent Fees and Royalties: organizatlonto fumishorperformanyoftheWorkagainst 6.12. CONTRACTOR shall pay all license fees and roy- whom CONTRACTOR has reasonable objection, aries and assume all costs incident to the use in thc peri'or- 6.8.2. If Ibc Supplementary Conditions require the manta of the Work or the incorporation in the Work of any identity of certain Subcontractors, Suppliers or other per- invention, design, process, product or device which is the sons or organizations (including those who are to furnish subject of.patent rights or copyrights held by others. If a the principal items of materials and equipment) to be sub- particular invention, design, process, product or device is mltled to OWNER in advance of the specified date prior specified in thc Contract Documents for usc in thc pc:for- to the Effective Date ot' thc Ag:cement for acccptancc by manet of thc Work and if to thc actual knowledge of 0WNER · See Supplementary Conditions 43