B. Substitute Construction Methods or Prooedures: If a an acceptable replacement for the rejected Subcontractor,
<br /> specific means, method, technique, sequence, or procedure of Supplier, or other individual or entity, and the Contract Price will
<br /> construction is shown or indicated in and expressly required by be adjusted by the difference in the cost occasioned by
<br /> such
<br /> the Contract Documents, CONTRACTOR may furnish or utilize replacement, and an appropriate Change Order will be issued
<br /> ' a substitute means, method, technique, sequence, or procedure or Written Amendment signed. No acceptance by OWNER of
<br /> of construction approved by ENGINEER. CONTRACTOR shall any such Subcontractor, Supplier, or other individual or entity,
<br /> submit sufficient information to allow ENGINEER, in whether initially or as a replacement, shall constitute a waiver of
<br /> ENGINEER's sole discretion, to determine that the substitute any right of OWNER or ENGINEER to reject defective Work.
<br /> proposed is equivalent to that expressly called for by the
<br /> Contract Documents. The procedure for review by ENGINEER C. CONTRACTOR shall be fully responsible to OWNER
<br /> will be similar to that provided in subparagraph 6.05A2. and ENGINEER for all ads and omissions of the
<br /> Subcontractors, Suppliers, and other individuals or entities
<br /> C. Engineer's Evaluation: ENGINEER will be allowed a performing or furnishing any of the Work just as
<br /> reasonable time within which to evaluate each proposal or CONTRACTOR is responsible for CONTRACTOR's own acts
<br /> submittal made pursuant to paragraphs 6.05A and 6.05. 6. and omissions. Nothing in the Contract Documents shall create
<br /> ENGINEER will be the sole judge of acceptability. No equar for the benefit of any such Subcontractor, Supplier,
<br />or other
<br /> or substitute will be ordered, installed or utilized until individual or entity any contractual relationship between
<br /> ENGINEER's review is complete, which will be evidenced by OWNER or ENGINEER and any such Subcontractor, Supplier
<br /> either a Change Order for a substitute or an approved Shop or other individual or entity, nor shall it create any
<br />obligation on
<br /> Drawing for an "or equal.' ENGINEER will advise the part of OWNER or ENGINEER to pay or to see to the
<br /> CONTRACTOR in writing of any negative determination. payment of any moneys due any such Subcontractor, Supplier,
<br /> or other individual or entity except as may otherwise be required
<br /> D. Special Guarantee: OWNER may require by Laws and Regulations.
<br /> CONTRACTOR to furnish at CONTRACTOR's expense a
<br /> special performance guarantee or other surety with respect to D. CONTRACTOR shall be solely responsible for
<br /> any substitute. scheduling and coordinating the Work of Subcontractors,
<br /> Suppliers, and other individuals or entities performing or
<br /> E. ENGINEER's Cost Reimbursement ENGINEER will furnishing any of the Work under a direct or indirect contract
<br /> record time required by ENGINEER and ENGINEER's with CONTRACTOR.
<br /> Consultants in evaluating substitute proposed or submitted by
<br /> CONTRACTOR pursuant to paragraphs 6.05A.2 and 6.05. 6 E. CONTRACTOR shall require all Subcontractors,
<br /> and in making changes in the Contract Documents (or in the Suppliers, and such other individuals or entities
<br /> performing or
<br /> provisions of any other direct contract with OWNER for work on furnishing any of the Work to communicate with ENGINEER
<br /> the Project) occasioned thereby. Whether or not ENGINEER through CONTRACTOR.
<br /> approves a substitute item so proposed or submitted by
<br /> CONTRACTOR, CONTRACTOR shall reimburse OWNER for F. The divisions and sections of the Specifications and
<br /> the charges of ENGINEER and ENGINEER's Consultants for the identifications of any Drawings shall not control
<br /> evaluating each such proposed substitute. CONTRACTOR in dividing the Work among Subcontractors or
<br /> Suppliers or delineating the Work to be performed by any
<br /> F. CONTRACTOR's Expense: CONTRACTOR shall specific trade.
<br /> provide all data in support of any proposed substitute or
<br /> 'or-equar at CONTRACTOR's expense. G. All Work performed for CONTRACTOR by a
<br /> Subcontractor or Supplier will be pursuant to an appropriate
<br /> 6.06 Conoeming Subcontractors, Suppliers, and Others agreement between CONTRACTOR and the Subcontractor or
<br /> Supplier which specifically binds the Subcontractor or Supplier
<br /> A. CONTRACTOR shall not employ any Subcontractor, to the applicable terms and conditions of the
<br />Contract
<br /> Supplier, or other individual or entity (including those acceptable Documents for the benefit of OWNER and ENGINEER.
<br /> to ,OWNER as imrkated in paragraph 6.06.6), whether initially Whenever any such agreement is with a Subcontractor
<br /> or
<br /> or as a replacement against whom OWNER may have Supplier who is listed as an additional insured on the
<br /> property
<br /> reasonable objection. CONTRACTOR shall not be required to insurance provided in paragraph 5.06, the agreement between
<br /> employ any Subcontractor, Supplier, or other individual or entity the CONTRACTOR and the Subcontractor or Supplier will
<br /> to furnish or perform any of the Work against whom contain provisions whereby the Subcontractor
<br /> or Supplier
<br /> CONTRACTOR has reasonable objection. waives all rights against OWNER, CONTRACTOR,
<br /> ENGINEER, ENGINEER's Consultants, and all other individuals
<br /> S. If the Supplementary Conditions require the identity of or entities identified in the Supplementary Conditions to be listed
<br /> certain Subcontractors, Suppliers, or other individuals or entities as insureds or additional insureds (and the officers, directors,
<br /> to be submitted to OWNER in advance for acceptance by partners, employees, agents, and other consultants and
<br /> OWNER by a specified date prior to the Effective Date of the subcontractors of each and any of them) for all losses
<br /> and
<br /> Agreement, and if CONTRACTOR has submitted a list thereof damages caused by, arising out of, relating to, or resulting from
<br /> in accordance with the Supplementary Conditions, OWNER's any of the perils or causes of loss covered by such policies and
<br /> acceptance (either in writing or by failing to make written any other property insurance applicable to the
<br /> Work. If the
<br /> objection thereto by the date indicated for acceptance or insurers on any such policies require separate waiver
<br /> forms to
<br /> objection in the Bidding Documents or the Contract Documents) be signed by any Subcontractor or Supplier, CONTRACTOR
<br /> of any such Subcontractor, Supplier, or other individual or entity will obtain the same.
<br /> so identified may be revoked on the basis of reasonable
<br /> objection after due investigation. CONTRACTOR shall submit
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