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