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procedure of construction is shown or indicated in and Work against whom CONTRACTOR has reasonable <br /> expressly required by the Contract Documents, CON- objection. <br /> TRACTOR may furnish or utilize a substitute means, meth- <br /> od, technique, sequence, or procedure of construction B . If the Supplementary Conditions require the <br /> approved by ENGINEER. CONTRACTOR shall submit identity of certain Subcontractors, Suppliers, or other <br /> sufficient information to allow ENGINEER, in individuals or entities to be submitted to OWNER in <br /> ENGINEER's sole discretion, to determine that the advance for acceptance by OWNER by a specified date <br /> substitute proposed is equivalent to that expressly called for prior to the Effective Date of the Agreement, and <br /> if <br /> by the Contract Documents. The procedure for review by CONTRACTOR has submitted a list thereof in accordance <br /> ENGINEER will be similar to that provided in subpara- with the Supplementary Conditions, OWNER' s acceptance <br /> graph 6.05 .A.2 . (either in writing or by failing to make written objection <br /> thereto by the date indicated for acceptance or objection in <br /> C. Engineer 's Evaluation : ENGINEER will be the Bidding Documents or the Contract Documents) of any <br /> allowed a reasonable time within which to evaluate each such Subcontractor, Supplier, or other individual or entity <br /> proposal or submittal made pursuant to paragraphs 6.05 .A so identified may be revoked on the basis of reasonable <br /> and 6.05 .B . ENGINEER will be the sole judge of accept- objection after due investigation. CONTRACTOR shall <br /> ability. No "or-equal" or substitute will be ordered, submit an acceptable replacement for the rejected <br /> installed or utilized until ENGINEER' s review is complete, Subcontractor, Supplier, or other individual or entity, and <br /> which will be evidenced by either a Change Order for a the Contract Price will be adjusted by the difference in <br /> the <br /> substitute or an approved Shop Drawing for an "or equal." cost occasioned by such replacement, and an appropriate <br /> ENGINEER will advise CONTRACTOR in writing of any Change Order will be issued or Written Amendment signed. <br /> negative determination. No acceptance by OWNER of any such Subcontractor, <br /> Supplier, or other individual or entity, whether initially or as <br /> D. Special Guarantee: OWNER may require CON- a replacement, shall constitute a waiver of any right of <br /> TRACTOR to fixrnish at CONTRACTOR' s expense a OWNER or ENGINEER to reject defective Work. <br /> special performance guarantee or other surety with respect <br /> to any substitute. C. CONTRACTOR shall be fully responsible to <br /> OWNER and ENGINEER for all acts and omissions of the <br /> E. ENGINEER 's Cost Reimbursement: ENGINEER Subcontractors, Suppliers, and other individuals or entities <br /> will record time required by ENGINEER and performing or furnishing any of the Work just as <br /> ENGINEER' s Consultants in evaluating substitute proposed CONTRACTOR is responsible for CONTRACTOR' s own <br /> or submitted by CONTRACTOR pursuant to paragraphs acts and omissions. Nothing in the Contract Documents <br /> 6.05 .A.2 and 6.05 .B and in making changes in the Contract shall create for the benefit of any such Subcontractor, <br /> Documents (or in the provisions of any other direct contract Supplier, or other individual or entity any contractual <br /> with OWNER for work on the Project) occasioned thereby. relationship between OWNER or ENGINEER and any such <br /> Whether or not ENGINEER approves a substitute item so Subcontractor, Supplier or other individual or entity, nor <br /> proposed or submitted by CONTRACTOR, CON- shall it create any obligation on the part of OWNER or <br /> TRACTOR shall reimburse OWNER for the charges of ENGINEER to pay or to see to the payment of any moneys <br /> ENGINEER and ENGMER' s Consultants for evaluating due any such Subcontractor, Supplier, or other individual or <br /> each such proposed substitute. entity except as may otherwise be required by Laws and <br /> Regulations. <br /> F . CONTRACTOR 's Expense: CONTRACTOR shall <br /> provide all data in support of any proposed substitute or A new sentence has been added at the end of Paragraph <br /> "or-equal" at CONTRACTOR' s expense . 6.06.C . See the Supplementary Conditions. <br /> 6 .06 Concerning Subcontractors, Suppliers, and Others D. CONTRACTOR shall be solely responsible for <br /> scheduling and coordinating the Work of Subcontractors, <br /> A. CONTRACTOR shall not employ any Subcon- Suppliers, and other individuals or entities performing or <br /> tractor, Supplier, or other individual or entity (including fiunishing any of the Work under a direct <br /> or indirect <br /> those acceptable to OWNER as indicated in paragraph contract with CONTRACTOR. <br /> 6.06.B), whether initially or as a replacement, against whom <br /> OWNER may have reasonable objection. CONTRACTOR E. CONTRACTOR shall require all Subcontractors, <br /> shall not be required to employ any Subcontractor, Supplier, Suppliers, and such other individuals or entities performing <br /> or other individual or entity to furnish or perform any of the or finnishing any of the Work to communicate with ENGI- <br /> NEER through CONTRACTOR. <br /> Rev , 03 / 2006 Egret Marsh <br /> 00700 - 22 <br />