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September 17, 2013 WELLS FARGO AGRIBOARD PANEL REPAIR 501-2717-033 ZEPHYR COMMONS Owner, the Contractor shall bear responsibility for such performance and shall bear the cost of correction. 3.3 Supervision and Construction Procedures Add the following subparagraph 3.3.4. 3.3.4 The Contractor shall perform the Work strictly in accordance with the Contract Documents. 3.4 Labor and Materials Add the following subparagraphs 3.4.4, 3.4.5, 3.4.6 and 3.4.7 to 3.4: 3.4.4 After the Contract has been executed, the Owner and the Architect may consider a formal request for the substitution of products in place of those specified only under the conditions set forth in the General Requirements (Division 1 of the Specifications). 3.4.5 By making requests for substitutions based on Subparagraph 3.4.4 above, the Contractor; 1. represents that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified; 2. represents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified; 3. certifies that the cost data presented is complete and includes all related costs under this Contract including any additional architects design costs, and waives all claims for additional costs related to the substitute which subsequently become apparent; and 4. will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. 3.4.6 When a material, equipment, or system is specified by the name of one or more manufacturers, such material, equipment, or system shall for the basis of the Contract. If the Contractor desires to use another material, equipment, or system in lieu thereof, he shall request approval in writing and shall submit samples and data as required for Architect's consideration. Any reasonable request for substitution will be considered by the Architect. If, in the opinion of the Architect, such material, equipment, or system is equal to the material specified and is entirely satisfactory for use in the Project, then the Architect will approve such substitutions. However, the Architect will be the sole judge of the above requirements. Any use as a basis for bidding of a material, equipment, or system other than that specified unless such material, equipment, or system has been approved by the Architect before submission of General Contractor's Bid to Owner, will be made at Bidder's risk. No substitutions shall be made without authority in writing from the Architect. 3.4.7 General Contractor shall disclose the existence and extent of financial interests, whether direct or indirect, he has in subcontractors and material suppliers which he may propose for this Project. 3.7 Permits, Fees and Notices Delete subparagraph 3.7.3 and substitute the following: SUPPLEMENTARY CONDITIONS 00800-3