3501 SR 529 2016-01-01 MF Import

PORT OF EVERETT SECTION 00700 UMON SLOUGH MARSH MITIGATION GENERAL CONDITIONS 6.7.1 Requests for review of substitute items of material and equipment will not be accepted by ENGINEER from anyone other than CONTRACI'OR. If COIVTRAC7'OR wishes to furnish ur use a substitute item of material or equipment COIVTRACTOR shall make written appGcation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that speci5ed and be suited to the same use and capable of performing the same function as that specified. The application will s;ate whether or not acceptance of the substitute for use in the Work will roquire a change in the Drawings or Specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payrrr.nt of any license fee or royalty. All vaziations of •� proposed substitute from that specified shall be identified in the application and available mainten. nce, npair and replacement service will be indicated. The appGcation will aLso contain an itemiud estimate of all costs that will result d'axtly or ind'¢ectly Gom acceptance of such substitute, including cr,sts of redesign and clairtu of other contractors affected by the resulting change, all of which shall be c• .:idered by ENGINEER in evaluating the pro- posed substitute. ENGINEER may require CON7'RACTOR to furnish at CONTRACCOR's expense additional data about the proposed substitute. ENGINEER will be the sok judge of acceptability, and no substitute will be ordered or installed without ENGWEER's prior written acceptance. PORT may requ've CONTRACTOR to furnish at CONTRACTOR's expense a special perfortnance guaranta or other sur�ty with respect to any substitute. 6.7.2 ENGINEER will record time requaed 'oy ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRAC'COR and in malcing changes in the Drawinv,s or Specifications occasioned thereby. Whether or not ENGINECR accepts a proposed substi:�:te, CONTRACTOR shall reimburse PORT for the chazges of ENGINEER and ENGINEER's consultants for evaluating any proposed substitute. Concernine Subconvactors: 6.8 CONfRACfOR shall not employ any Subcontractoi or other person or organization (including those who are to fumish the principal items of materials or equipment), whether initially or as a substitute, against whom PORT or ENGINEER may have reasonable objection. A Subcontractor or other person or organization identified in w�riting to PORT and ENGINEER by CONTRACTOR prior to the Notice of Award and not objected to in writing by PORT or ENGINEER prior � the Notice of Awazd will be damui acceptable to PORT and ENGINEER. Acceptance of any Subcontractor, other person or organization by PORT or ENG[riEER shall not constitute a waiver of any right of PORT or ENGINEER to reject defective Work. If PORT or ENGINESR aftet due investigation has reasonable objection to any Subcontractor, other person or organization proposed by CON'I'RACCOR after the Notice of Awazd, CONTRACTOR shall submit an acceptabk substitute and the Contract Price shall be inaused or decreased by the difference in cost occasioned by such substitution, and an appropriate Chenge Order shall be issued. COIVTRACTOR shall not be required to employ any Subconvactor, other person or organization against whom CONTRACTOR has reasonable objection. 6.9 CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors and of person. and organizations d'uectly or ind'vectly employeci by them and of persons and organizations 00700-23