B. Substitute Construction Methods or Procedures:. If a specific means, method, technique, sequence, or
procedure of construction is shown or indicated in and expressly required by the Contract Documents,
CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of
construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow
ENGINEER, in ENGINEER’s sole discretion, to determine that the substitute proposed is equivalent to that
expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that
provided in subparagraph 6.05.A.2.
C. Engineer’s Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate cach
proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of
acceptability. No “or-equal” or substitute will be ordered, installed or utilized until ENGINEER’s review is
complete, which will be evidenced by either a Change Order for a substitute or an approved Shop drawing for an
“or equal”. ENGINEER will advise CONTRACTOR in writing of any negative determination.
D. Special Guarantee: | OWNER may require CONTRACTOR to furnish at CONTRACTOR’s expense a
special performance guarantee or other surety with respect to any substitute.
E. ENGINEER ’s Cost Reimbursement: ENGINEER will record time required by ENGINEER and
ENGINEER’s Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to
paragraphs 6.05.A.2 and 6.05.B and in making changes in the Contract Documents (or in the provisions of any
other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER
approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and ENGINEER’s Consultants for evaluating each such proposed
substitute.
F. CONTRACTOR ’s Expense: CONTRACTOR shall provide all data in support of any proposed substitute or
“or-equal” at CONTRACTOR’s expense.
6.06 Concerning Subcontractors, Suppliers, and Others
A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those
acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom
OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor,
Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has
reasonable objection.
B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals
or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the
Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the
Supplementary Conditions, OWNER’s acceptance (either in writing or by failing to make written objection
thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents)
of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of
reasonable objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the
rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the
difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or
Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual
or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER
to reject defective work.
C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as
CONTRACTOR is responsible for CONTRACTOR’s own acts and omissions. Nothing in the Contract
Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any
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