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furnish additional data about the proposed <br />substitute item. <br />B. Substitute Construction Methods or Proce- <br />dures: If a specific means, method, technique, se- <br />quence, or procedure of construction is shown or <br />indicated in and expressly required by the Contract <br />Documents, CONTRACTOR may furnish or utilize a <br />substitute means, method, technique, sequence, or <br />procedure of construction approved by ENGINEER. <br />CONTRACTOR shall submit sufficient information to <br />allow ENGINEER, in ENGINEER's sole discretion, to <br />determine that the substitute proposed is equivalent <br />to that expressly called for by the Contract Docu- <br />ments. The procedure for review by ENGINEER will <br />be similar to that provided in subparagraph 6.05.A.2. <br />C. Engineer's Evaluation: ENGINEER will be <br />allowed a reasonable time within which to evaluate <br />each proposal or submittal made pursuant to para- <br />graphs 6.05.A and 6.05.13. ENGINEER will be the <br />sole judge of acceptability. No "or -equal" or substitute <br />will be ordered, installed or utilized until ENGINEER's <br />review is complete, which will be evidenced by either <br />a Change Order for a substitute or an approved Shop <br />Drawing for an "or equal." ENGINEER will advise <br />CONTRACTOR in writing of any negative <br />determination. <br />D. Special Guarantee: OWNER may require <br />CONTRACTOR to furnish at CONTRACTOR's ex- <br />pense a special performance guarantee or other <br />surety with respect to any substitute. <br />E. ENGINEER's Cost Reimbursement. - <br />ENGINEER will record time required by ENGINEER <br />and ENGINEER's Consultants in evaluating substitute <br />proposed or submitted by CONTRACTOR pursuant <br />to paragraphs 6.05.A.2 and 6.05.13 and in making <br />changes in the Contract Documents (or in the <br />provisions of any other direct contract with OWNER <br />for work on the Project) occasioned thereby. Whether <br />or not ENGINEER approves a substitute item so pro- <br />posed or submitted by CONTRACTOR, CON- <br />TRACTOR shall reimburse OWNER for the charges <br />of ENGINEER and ENGINEER's Consultants for <br />evaluating each such proposed substitute. <br />F. CONTRACTOR's Expense: CONTRACTOR <br />shall provide all data in support of any proposed <br />substitute or "or -equal" at CONTRACTOR's expense. <br />6.06 Concerning Subcontractors, Suppliers, <br />and Others <br />A. CONTRACTOR shall not employ any <br />Subcontractor, Supplier, or other individual or entity <br />(including those acceptable to OWNER as indicated <br />in paragraph 6.06.13), whether initially or as a <br />replacement, against whom OWNER may have <br />reasonable objection. CONTRACTOR shall not be <br />required to employ any Subcontractor, Supplier, or <br />other individual or entity to furnish or perform any of <br />the Work against whom CONTRACTOR has reason- <br />able objection. <br />B. If the Supplementary Conditions require the <br />identity of certain Subcontractors, Suppliers, or other <br />individuals or entities to be submitted to OWNER in <br />advance for acceptance by OWNER by a specified <br />date prior to the Effective Date of the Agreement, and <br />if CONTRACTOR has submitted a list thereof in <br />accordance with the Supplementary Conditions, <br />OWNER's acceptance (either in writing or by failing to <br />make written objection thereto by the date indicated <br />for acceptance or objection in the Bidding Documents <br />or the Contract Documents) of any such Subcon- <br />tractor, Supplier, or other individual or entity so <br />identified may be revoked on the basis of reasonable <br />objection after due investigation. CONTRACTOR <br />shall submit an acceptable replacement for the <br />rejected Subcontractor, Supplier, or other individual or <br />entity, and the Contract Price will be adjusted by the <br />difference in the cost occasioned by such <br />replacement, and an appropriate Change Order will <br />be issued or Written Amendment signed. No accep- <br />tance by OWNER of any such Subcontractor, <br />Supplier, or other individual or entity, whether initially <br />or as a replacement, shall constitute a waiver of any <br />right of OWNER or ENGINEER to reject defective <br />Work. <br />C. CONTRACTOR shall be fully responsible to <br />OWNER and ENGINEER for all acts and omissions <br />of the Subcontractors, Suppliers, and other <br />individuals or entities performing or furnishing any of <br />the Work just as CONTRACTOR is responsible for <br />CONTRACTOR's own acts and omissions. Nothing <br />in the Contract Documents shall create for the benefit <br />of any such Subcontractor, Supplier, or other <br />individual or entity any contractual relationship be- <br />tween OWNER or ENGINEER and any such <br />Subcontractor, Supplier or other individual or entity, <br />nor shall it create any obligation on the part of <br />OWNER or ENGINEER to pay or to see to the <br />payment of any moneys due any such Subcontractor, <br />Supplier, or other individual or entity except as may <br />otherwise be required by Laws and Regulations. <br />D. CONTRACTOR shall be solely responsible <br />for scheduling and coordinating the Work of Subcon- <br />tractors, Suppliers, and other individuals or entities <br />performing or furnishing any of the Work under a <br />direct or indirect contract with CONTRACTOR. <br />00700 - General Conditions REV 5-10-13 <br />00700-21 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1325 58th Avenue (57th St to CR 510) Roadway Inventory\1-Admin\Bids\Bid Documents\00700 - General Conditions REV 5-10- <br />13.doc <br />