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r r determine that the substitute proposed is equivalent to advance for acceptance by OWNER by a specified that expressly called for by the Contract Documents. date prior to the Effective Date of the Agreement, and The procedure for review by ENGINEER will be if CONTRACTOR has submitted a list thereof in similar to that provided in subparagraph 6.05.A.2. accordance with the Supplementary Conditions , r OWNER's acceptance (either in writing or by failing to C. Engineers Evaluation: ENGINEER will be make written objection thereto by the date indicated allowed a reasonable time within which to evaluate for acceptance or objection in the Bidding Documents �,. each proposal or submittal made pursuant to para- or the Contract Documents) of any such Subcon- graphs 6.05.A and 6.05. 13 . ENGINEER will be the tractor, Supplier, or other individual or entity so sole judge of acceptability. No "or-equal" or substitute identified may be revoked on the basis of reasonable will be ordered , installed or utilized until ENGINEER's objection after due investigation . CONTRACTOR review is complete, which will be evidenced by either shall submit an acceptable replacement for the a Change Order for a substitute or an approved Shop rejected Subcontractor, Supplier, or other individual or Drawing for an "or equal ." ENGINEER will advise entity , and the Contract Price will be adjusted by the r CONTRACTOR in writing of any negative difference in the cost occasioned by such determination. replacement, and an appropriate Change Order will be issued or Written Amendment signed. No accep- D. Special Guarantee: OWNER may require tance by OWNER of any such Subcontractor, r CONTRACTOR to furnish at CONTRACTOR's ex- Supplier, or other individual or entity, whether initially pense a special performance guarantee or other or as a replacement, shall constitute a waiver of any surety with respect to any substitute . right of OWNER or ENGINEER to reject defective r Work. E . ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER C. CONTRACTOR shall be fully responsible to and ENGINEER's Consultants in evaluating substitute OWNER and ENGINEER for all acts and omissions of proposed or submitted by CONTRACTOR pursuant to the Subcontractors, Suppliers, and other individuals paragraphs 6 .05.A.2 and 6.05.6 and in making or entities performing or furnishing any of the Work changes in the Contract Documents (or in the just as CONTRACTOR is responsible for r provisions of any other direct contract with OWNER CONTRACTOR's own acts and omissions. Nothing for work on the Project) occasioned thereby. Whether in the Contract Documents shall create for the benefit or not ENGINEER approves a substitute item so pro- of any such Subcontractor, Supplier, or other posed or submitted by CONTRACTOR, CON- individual or entity any contractual relationship be- TRACTOR shall reimburse OWNER for the charges tween OWNER or ENGINEER and any such of ENGINEER and ENGINEER's Consultants for Subcontractor, Supplier or other individual or entity , evaluating each such proposed substitute. nor shall it create any obligation on the part of r OWNER or ENGINEER to pay or to see to the F. CONTRACTOR'S Expense: CONTRACTOR payment of any moneys due any such Subcontractor, shall provide all data in support of any proposed Supplier, or other individual or entity except as may substitute or "or-equal" at CONTRACTOR's expense. otherwise be required by Laws and Regulations. 6.06 Concerning Subcontractors, Suppliers, D. CONTRACTOR shall be solely responsible and Others for scheduling and coordinating the Work of Subcon- tractors, Suppliers , and other individuals or entities A. CONTRACTOR shall not employ any performing or furnishing any of the Work under a Subcontractor, Supplier, or other individual or entity direct or indirect contract with CONTRACTOR . (including those acceptable to OWNER as indicated in paragraph 6.06.15), whether initially or as a E . CONTRACTOR shall require all Subcontrac- replacement, against whom OWNER may have tors , Suppliers, and such other individuals or entities reasonable objection. CONTRACTOR shall not be performing or furnishing any of the Work to commu- r required to employ any Subcontractor, Supplier, or nicate with ENGINEER through CONTRACTOR. other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reason- F. The divisions and sections of the Specifica- able objection. tions and the identifications of any Drawings shall not • control CONTRACTOR in dividing the Work among B . If the Supplementary Conditions require the Subcontractors or Suppliers or delineating the Work identity of certain Subcontractors , Suppliers, or other to be performed by any specific trade. r individuals or entities to be submitted to OWNER in 00700 - General Conditions REV 04-07 00700 - 21 F1EngineeringVWilliamsWMa rContrad\Master Contract DocumentsVD0700 - General Conditions REV 04-07.doc r