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in connection with the Work is subject to payment of any Subcontractor, Supplier, or other individual or entity to
<br /> any license fee or royalty. All variations of the pro- furnish or perform any of the Work against whom
<br /> posed substitute item from that specified will be CONTRACTOR has reasonable objection.
<br /> identified in the application , and available
<br /> engineering, sales, maintenance, repair, and B . If the Supplementary Conditions require the identity of
<br /> replacement services will be indicated. The certain Subcontractors, Suppliers, or other individuals or entities
<br /> application will also contain an itemized estimate of to be submitted to OWNER in advance for acceptance by
<br /> all costs or credits that will result directly or indirectly OWNER by a specified date prior to the Effective Date of the
<br /> from use of such substitute item, including costs of Agreement, and if CONTRACTOR has submitted a list thereof
<br /> redesign and claims of other contractors affected by in accordance with the Supplementary Conditions, OWNER's
<br /> any resulting change, all of which will be considered acceptance (either in writing or by failing to make written objec-
<br /> by ENGINEER in evaluating the proposed tion thereto by the date indicated for acceptance or abjection in
<br /> substitute item. ENGINEER may require CON- the Bidding Documents or the Contract Documents) of any such
<br /> TRACTOR to furnish additional data about the pro- Subcontractor, Supplier, or other individual or entity so identified
<br /> posed substitute item. may be revoked on the basis of reasonable objection after due
<br /> investigation. CONTRACTOR shall submit an acceptable
<br /> B. Substitute Construction Methods or Procedures: If a replacement for the rejected Subcontractor, Supplier, or other
<br /> specific means, method, technique, sequence, or procedure of individual or entity, and the Contract Price will be adjusted by
<br /> construction is shown or indicated in and expressly required by the difference in the cost occasioned by such replacement, and
<br /> the Contract Documents, CONTRACTOR may furnish or utilize an appropriate Change Order will be issued or Written
<br /> a substitute means, method, technique, sequence, or procedure Amendment signed. No acceptance by OWNER of any such
<br /> of construction approved by ENGINEER. CONTRACTOR shall Subcontractor, Supplier, or other individual or entity, whether
<br /> submit sufficient information to allow ENGINEER, in initially or as a replacement, shall constitute a waiver of any
<br /> ENGINEER's sole discretion, to determine that the substitute 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 6.05.A.2. and ENGINEER for all acts 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 6.05.A and 6.05.B. and omissions. Nothing in the Contract Documents shall create
<br /> ENGINEER will be the sole judge of acceptability. No "or-equal" for the benefit of any such Subcontractor, Supplier, 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 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 CON- by Laws and Regulations .
<br /> TRACTOR to furnish at CONTRACTOR's expense a special
<br /> performance guarantee or other surety with respect to any D. CONTRACTOR shall be solely responsible for
<br /> substitute. scheduling and coordinating the Work of Subcontractors,
<br /> Suppliers, and other individuals or entities performing or furnish-
<br /> E . ENGINEER's Cost Reimbursement: ENGINEER will ing any of the Work under a direct or indirect contract with CON-
<br /> record time required by ENGINEER and ENGINEER's Consul- TRACTOR.
<br /> tants in evaluating substitute proposed or submitted by
<br /> CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.8 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 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 COW
<br /> TRACTOR, CONTRACTOR shall reimburse OWNER for the F. The divisions and sections of the Specifications and
<br /> 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-equal" 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 Concerning 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 Contract
<br /> Supplier, or other individual or entity (including those acceptable Documents for the benefit of OWNER and ENGINEER.
<br /> to OWNER as indicated in paragraph 6.06.8), whether initially Whenever any such agreement is with a Subcontractor or
<br /> or as a replacement, against whom OWNER may have reason- Supplier who is listed as an additional insured on the property
<br /> able objection. CONTRACTOR shall not be required to employ insurance provided in paragraph 5.06, the agreement between
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