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in connection with the Work is subject to payment of
<br />any license fee or royalty. All variations of the pro-
<br />posed substitute item from that specified will be
<br />identified in the application, and available
<br />engineering, sales, maintenance, repair, and
<br />replacement services will be indicated. The
<br />application will also contain an itemized estimate of
<br />all costs or credits that will result directly or indirectly
<br />from use of such substitute item, including costs of
<br />redesign and claims of other contractors affected by
<br />any resulting change, all of which will be considered
<br />by ENGINEER in evaluating the proposed
<br />substitute item. ENGINEER may require CON-
<br />TRACTOR to furnish additional data about the pro-
<br />posed substitute item.
<br />B. Substitute Construction Methods or Procedures: If a
<br />specific means, method, technique, sequence, or procedure of
<br />construction is shown or indicated in and expressly required by
<br />the Contract Documents, CONTRACTOR may furnish or utilize
<br />a substitute means, method, technique, sequence, or procedure
<br />of construction approved by ENGINEER. CONTRACTOR shall
<br />submit sufficient information to allow ENGINEER, in
<br />ENGINEER's sole discretion, to determine that the substitute
<br />proposed is equivalent to that expressly called for by the
<br />Contract Documents. The procedure for review by ENGINEER
<br />will be similar to that provided in subparagraph 6.05.A.2.
<br />C. Engineer's Evaluation: ENGINEER will be allowed a
<br />reasonable time within which to evaluate each proposal or
<br />submittal made pursuant to paragraphs 6.05.A and 6.05.B.
<br />ENGINEER will be the sole judge of acceptability. No "or -equal"
<br />or substitute will be ordered, installed or utilized until
<br />ENGINEER's review is complete, which will be evidenced by
<br />either 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 determination.
<br />D. Special Guarantee: OWNER may require CON-
<br />TRACTOR to furnish at CONTRACTOR's expense a special
<br />performance guarantee or other surety with respect to any
<br />substitute.
<br />E. ENGINEER's Cost Reimbursement: ENGINEER will
<br />record time required by ENGINEER and ENGINEER's Consul-
<br />tants in evaluating substitute proposed or submitted by
<br />CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.8
<br />and in making changes in the Contract Documents (or in the
<br />provisions of any other direct contract with OWNER for work on
<br />the Project) occasioned thereby. Whether or not ENGINEER
<br />approves a substitute item so proposed or submitted by CON-
<br />TRACTOR, CONTRACTOR shall reimburse OWNER for the
<br />charges of ENGINEER and ENGINEER's Consultants for
<br />evaluating each such proposed substitute.
<br />F. CONTRACTOR's Expense: CONTRACTOR shall
<br />provide all data in support of any proposed substitute or
<br />"or -equal" at CONTRACTOR's expense.
<br />6.06 Concerning Subcontractors, Suppliers, and Others
<br />A. CONTRACTOR shall not employ any Subcontractor,
<br />Supplier, or other individual or entity (including those acceptable
<br />to OWNER as indicated in paragraph 6.06.6), whether initially
<br />or as a replacement, against whom OWNER may have reason-
<br />able objection. CONTRACTOR shall not be required to employ
<br />any Subcontractor, Supplier, or other individual or entity to
<br />furnish or perform any of the Work against whom
<br />CONTRACTOR has reasonable objection.
<br />B. If the Supplementary Conditions require the identity of
<br />certain Subcontractors, Suppliers, or other individuals or entities
<br />to be submitted to OWNER in advance for acceptance by
<br />OWNER by a specified date prior to the Effective Date of the
<br />Agreement, and if CONTRACTOR has submitted a list thereof
<br />in accordance with the Supplementary Conditions, OWNER's
<br />acceptance (either in writing or by failing to make written objec-
<br />tion thereto by the date indicated for acceptance or objection in
<br />the Bidding Documents or the Contract Documents) of any such
<br />Subcontractor, Supplier, or other individual or entity so identified
<br />may be revoked on the basis of reasonable objection after due
<br />investigation. CONTRACTOR shall submit an acceptable
<br />replacement for the rejected Subcontractor, Supplier, or other
<br />individual or entity, and the Contract Price will be adjusted by
<br />the difference in the cost occasioned by such replacement, and
<br />an appropriate Change Order will be issued or Written
<br />Amendment signed. No acceptance by OWNER of any such
<br />Subcontractor, Supplier, or other individual or entity, whether
<br />initially or as a replacement, shall constitute a waiver of any
<br />right of OWNER or ENGINEER to reject defective Work.
<br />C. CONTRACTOR shall be fully responsible to OWNER
<br />and ENGINEER for all acts and omissions of the
<br />Subcontractors, Suppliers, and other individuals or entities
<br />performing or furnishing any of the Work just as
<br />CONTRACTOR is responsible for CONTRACTOR'S own acts
<br />and omissions. Nothing in the Contract Documents shall create
<br />for the benefit of any such Subcontractor, Supplier, or other
<br />individual or entity any contractual relationship between
<br />OWNER or ENGINEER and any such Subcontractor, Supplier
<br />or other individual or entity, nor shall it create any obligation on
<br />the part of OWNER or ENGINEER to pay or to see to the
<br />payment of any moneys due any such Subcontractor, Supplier,
<br />or other individual or entity except as may otherwise be required
<br />by Laws and Regulations.
<br />D. CONTRACTOR shall be solely responsible for
<br />scheduling and coordinating the Work of Subcontractors,
<br />Suppliers, and other individuals or entities performing or furnish-
<br />ing any of the Work under a direct or indirect contract with CON-
<br />TRACTOR.
<br />E. CONTRACTOR shall require all Subcontractors,
<br />Suppliers, and such other individuals or entities performing or
<br />furnishing any of the Work to communicate with ENGINEER
<br />through CONTRACTOR.
<br />F. The divisions and sections of the Specifications and
<br />the identifications of any Drawings shall not control
<br />CONTRACTOR in dividing the Work among Subcontractors or
<br />Suppliers or delineating the Work to be performed by any
<br />specific trade.
<br />G. All Work performed for CONTRACTOR by a
<br />Subcontractor or Supplier will be pursuant to an appropriate
<br />agreement between CONTRACTOR and the Subcontractor or
<br />Supplier which specifically binds the Subcontractor or Supplier
<br />to the applicable terms and conditions of the Contract
<br />Documents for the benefit of OWNER and ENGINEER.
<br />Whenever any such agreement is with a Subcontractor or
<br />Supplier who is listed as an additional insured on the property
<br />insurance provided in paragraph 5.06, the agreement between
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