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 contractual
relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor
shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due
any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and
Regulations.
D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers,
and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with
CONTRACTOR.
E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or
furnishing any of the Work to communicate with ENGINEER through CONTRACTOR.
F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by
any specific trade.
G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or
Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and
ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured
on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the
Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against
OWNER, CONTRACTOR, ENGINEER, ENGINEER’s Consultants, and all other individuals or entities identified in
the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners,
employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages
caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and
any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms
to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same.
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