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' B. Substitute Construction Methods or Procedures: If a specific means, method, technique, <br /> sequence, or procedure of construction is expressly required by the Contract Documents, <br /> Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure <br /> ' of construction approved by Engineer. Contractor shall submit sufficient information to allow <br /> Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to <br /> that expressly called for by the Contract Documents. The requirements for review by Engineer <br /> will be similar to those provided in Paragraph 6.05.A.2. <br /> C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate <br /> each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may <br /> require Contractor to furnish additional data about the proposed substitute item. Engineer will be <br /> the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized <br /> ' until Engineer's review is complete, which will be evidenced by a Change Order in the case of a <br /> substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in <br /> writing of any negative determination. <br /> ' 1. Proposed substitutions may be rejected without explanation and will not be considered unless <br /> one or more of the following conditions exists: <br /> ' a. Required for compliance with interpretation of code requirements or insurance <br /> regulations then existing. <br /> ' b. Unavailability of specified products,through no fault of Contractor. <br /> c. Subsequent information discloses inability of specified products to perform properly or to <br /> fit in designated space. <br /> ' d. Manufacturer/fabricator refuses to certify or guarantee performance or specified product <br /> as required. <br /> e. When in the judgment of Owner or Engineer,that a substitution would be substantially to <br /> Owner's best interests,in terms of cost,time, or other considerations. <br /> D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special <br /> ' performance guarantee or other surety with respect to any substitute. <br /> E. Engineer's Cost Reimbursement: Contractor shall be liable to Owner for any and all costs and <br /> ' expenses (including, but not limited to, Engineer's fees and expenses) incurred by Owner as a <br /> result of evaluating a substitute proposed or submitted by the Contractor pursuant to Paragraphs <br /> 6.05.A.2 and 6.05.13, and reflecting changes in the Contract Documents, whether or not Engineer <br /> approves a substitute so proposed or submitted by Contractor. Contractor covenants and agrees <br /> that Owner may retain, deduct, and/or offset monies due to Owner pursuant to this Paragraph <br /> 6.17.D.4 from monies due to Contractor under the Agreement. Contractor further covenants and <br /> agrees that Owner retains the right to make such deduction or offset at any time prior to and <br /> including final payment and that the imposition and the deduction and/or offset of such monies <br /> shall not be subject to any notice or claim provisions of the Contract Documents. Such payment <br /> ' is an obligation separate and apart from the Contractor's obligation to pay liquidated damages for <br /> delay, if any. <br /> ' EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 33 of 81 <br />