' B . Substitute Construction Methods or Procedures: or other individual or entity to fiunish or perform any of the
<br /> If a specific means, method, technique, sequence, or Work against whom CONTRACTOR has reasonable
<br /> ' procedure of construction is shown or indicated in and objection.
<br /> expressly required by the Contract Documents, CON-
<br /> TRACTOR may furnish or utilize a substitute means, meth- B . If the Supplementary Conditions require the
<br /> od, technique, sequence, or procedure of construction identity of certain Subcontractors, Suppliers, or
<br /> other
<br /> ' approved by ENGINEER CONTRACTOR shall submit individuals or entities to be submitted to OWNER in
<br /> sufficient information to allow ENGINEER, in advance for acceptance by OWNER by a specified date
<br /> ENGINEER's sole discretion, to determine that the prior to the Effective Date of the Agreement, and if
<br /> ' substitute proposed is equivalent to that expressly called for CONTRACTOR has submitted a list thereof in accordance
<br /> by the Contract Documents. The procedure for review by with the Supplementary Conditions, OWNER' s acceptance
<br /> ENGINEER will be similar to that provided in subpara- (either in writing or by failing to make written objection
<br /> graph 6.O1 .A.2 . thereto by the date indicated for acceptance or objection in
<br /> ' the Bidding Documents or the Contract Documents) of any
<br /> C. Engineer 's Evaluation : ENGINEER will be such Subcontractor, Supplier, or other individual or entity
<br /> allowed a reasonable time within which to evaluate each so identified may be revoked on the basis of reasonable
<br /> ' proposal or submittal made pursuant to paragraphs 6 .05 .A objection after due investigation. CONTRACTOR shall
<br /> and 6.05 .B . ENGINEER will be the sole judge of accept- submit an acceptable replacement for the rejected
<br /> ability. No "or-equal" or substitute will be ordered, Subcontractor, Supplier, or other individual or entity,
<br /> and
<br /> installed or utilized until ENGINEER's review is complete, the Contract Price will be adjusted by the difference in the
<br /> ' which will be evidenced by either a Change Order for a cost occasioned by such replacement, and an appropriate
<br /> substitute or an approved Shop Drawing for an "or equal." Change Order will be issued or Written Amendment signed.
<br /> ENGINEER will advise CONTRACTOR in writing of any No acceptance by OWNER of any such Subcontractor,
<br /> negative determination. Supplier, or other individual or entity, whether initially or as
<br /> a replacement, shall constitute a waiver of any right of
<br /> D. Special Guarantee: OWNER may require CON- OWNER or ENGINEER to reject defective Work.
<br /> ' TRACTOR to furnish at CONTRACTOR's expense a
<br /> special performance guarantee or other surety with respect C. CONTRACTOR shall be fully responsible to
<br /> to any substitute. OWNER and ENGINEER for all acts and omissions of the
<br /> Subcontractors, Suppliers, and other individuals or entities
<br /> ' E. ENGINEER 's Cost Reimbursement: ENGINEER performing or finnishing any of the Work just as
<br /> will record time required by ENGINEER and CONTRACTOR is responsible for CONTRACTOR' s own
<br /> ENGINEER' s Consultants in evaluating substitute proposed acts and omissions. Nothing in the Contract Documents
<br /> ' or submitted by CONTRACTOR pursuant to paragraphs shall create for the benefit of any such Subcontractor,
<br /> 6 .05 .A.2 and 6 .05 .13 and in making changes in the Contract Supplier, or other individual or entity any
<br /> contractual
<br /> Documents (or in the provisions of any other direct contract relationship between OWNER or ENGINEER and any such
<br /> with OWNER for work on the Project) occasioned thereby. Subcontractor, Supplier or other individual or entity, nor
<br /> ' Whether or not ENGINEER approves a substitute item so shall it create any obligation on the part of OWNER
<br /> or
<br /> proposed or submitted by CONTRACTOR, CON- ENGINEER to pay or to see to the payment of any moneys
<br /> TRACTOR shall reimburse OWNER for the charges of due any such Subcontractor, Supplier, or other individual or
<br /> ENGINEER and ENGINEER's Consultants for evaluating entity except as may otherwise be required by Laws and
<br /> each such proposed substitute. Regulations .
<br /> F. CONTRACTOR 's Expense: CONTRACTOR shall A new sentence has been added at the end of Paragraph
<br /> ' provide all data in support of any proposed substitute or 6.06.C. See the Supplementary Conditions.
<br /> "or-equal" at CONTRACTOR' s expense.
<br /> D. CONTRACTOR shall be solely responsible for
<br /> ' 6.06 Concerning Subcontractors, Suppliers, and Others scheduling and coordinating the Work of Subcontractors,
<br /> Suppliers, and other individuals or entities performing or
<br /> A. CONTRACTOR shall not employ any Subcon- fiunishing any of the Work under a direct or indirect
<br /> ' tractor, Supplier, or other individual or entity (including contract with CONTRACTOR.
<br /> those acceptable to OWNER as indicated in paragraph
<br /> 6.06 .13), whether initially or as a replacement, against whom E. CONTRACTOR shall require all Subcontractors,
<br /> OWNER may have reasonable objection. CONTRACTOR Suppliers, and such other individuals or entities performing
<br /> ' shall not be required to employ any Subcontractor, Supplier,
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