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sp¢cilied '.','ill be idcntilied in Ihe",nfq~lication and available <br /> <br />male of all costs thai will resuh directly or indirectly from <br />acceptance of such substitute, including costs of redesign <br />and claims of other contractors affected by the resulting <br />change, all of which shall be considered by ENGINEER <br />in evaluating the proposed substitute. ENGINEER may <br />require CONTRACTOR to furnish at CONTRACTOR's <br />expense additional data about the proposed substitute. <br /> <br /> 6.7.2. Ifa specific means, method, technique, sequence <br />or procedure of construction is indicated in or required by <br />the Contract Documents. CONTRACTOR may furnish or <br />utilize a substitute means, method, sequence, technique <br />or procedure of construction acceptable to ENGINEER. <br />if CONTRACTOR submits sufficient information to allow <br />ENGINEER to determine that the substitute proposed is <br />equivalent to that indicated or required by the Contract <br />Documents. The procedur., for review by ENGINEER <br />will be similar to that orovided in paragraph 6.7.1 as applied <br />by ENGINEER and as may be supplemented in the Gen- <br />eral Requirements. <br /> <br /> 6.7.3. ENGINEER will be allowed a reasonable time <br />within which to evaluate each proposed substitute. ENGI- <br />NEER wilI be the sole judge of acceptability, and no <br />substitute will be ordered, installed or utilized without <br />ENGINEER's prior whiten acceptance which will be evi- <br />denced by either a Change Order or an approved Shop <br />Drawing. OWNER may require CONTRACTOR to fur- <br />nish at CONTRACTOR's expense a special performance <br />guarantee or other surety with respect to any substitute. <br />ENGINEER will record time required by ENGINEER <br />and ENGINEER's consultants in evaluating substitutions <br />proposed by CONTRACTOR and in making changes in <br />the Contract Documents occasioned thereby. Whether or <br />not ENGINEER accepts a proposed substitute. CON- <br />TRACTOR shall reimburse OWNER for the charges of <br />ENGINEER and ENGINEER's consultants for evaluat- <br />ing each proposed substitute. <br /> <br />Concerning Subcontractors, Su££11er~ and Others: <br /> <br /> 6.8.1. CONTRACTOR shall not employ any Subcon- <br /> tractor. Supplierorother person or organization (including <br /> those acceptable to OWNER and ENGINEER as indi- <br /> cated in paragraph 6.8.2), whether initially or as a substi- <br /> tute. against whom OWNER or ENGINEER may have <br /> reasonable objection. CONTRACTOR shall not be required <br /> to employ any Subcontractor. Supplier or other person or <br /> organization to furnish or perform any of the Work against <br /> whom CONTRACTOR has reasonable objection. <br /> <br /> 6.8.2. If thc Supplementary Conditions require the <br /> identity of certain Subcontractors, Suppliers or other per- <br /> sons or organizations {including those who are to furnish <br /> the principal items of materials and equipment) to be sub- <br /> mitted to OWNER in advance of the specified date prior <br /> to the Effeclive Date oCthe Agreement for acceptance by <br /> <br />O\VNER and ENGINEER :lnd ii' CONTRACTOR has <br />submiiled ti list thereof in accord;mcr with thc Supple- <br />reenter:.' Conditions. OWNER's or ENG I N.~' .E ER's accept- <br />ance telth¢~' in writing or by failing lo mnke written objec- <br />tion thereto by the dlite indic:stud for acceptance or objec- <br />tion in the bidding dncumems or the Contract Documents} <br />of any such Subcontractor. Supplier or other person or <br />organization so identified may be revoked on thc basis of <br />reasonable objection after duc investigation, in which case <br />CONTRACTOR shall submit an ncceptable substitute, the <br />Contract Price will be increased by the difference in the <br />cost occasioned by such substitution and an appropriate <br />Change Order will be issued or Written Amendment signed. <br />No occeptance by OWNER or ENGINEER of any such <br />Subcontractor. Supplier or other person or organization <br />shall constitute a waiver of any fight of OWN ER or ENGI- <br />N ERR to reject defectlre Work. <br /> <br />* 6.9. CONTRACTOR shall be fully responsible to OWN ER <br />and ENGINEER for all acts and omissions of thc Subcon- <br />tractors, Suppliers and other persons and organizations per- <br />forming or furnishing any of the Work under a direct or <br />indirect contract with CONTRACTOR just as CONTRAC- <br />TOR is responsible for CONTRACTOR's own acts and omis- <br />sions. Nothing in the Contract Documents shall create any <br />contractual relationship between OWNER or ENGINEER <br />and any such Subcontractor. Supplier or other person or <br />organization, nor shall it create any obligation on the part of <br />OWNER or ENGINEER to pay or to see to the payment of <br />any moneys due any such Subcontractor. Supplier or other <br />person or organization except as may otherwise be required <br />by Laws and Regulations. <br /> <br /> 6.10. The divisions and sections of the Specifications and <br />the identifications of any Drawings shall not control CON- <br />TRACTOR in dividing thc Work among Subcontractors or <br />Suppliers or delineating the Work to be performed by any <br />specific trade. <br /> <br /> 6.11. All Work performed for CONTRACTOR by a Sub- <br />contractor will be pursuant to an appropriate agreement <br />between CONTRACTOR and the Subcontractor which spe- <br />cifically binds the Subcontractor to the applicable terms and <br />conditions of the Contract Documents for the benefit .of <br />OWNER and ENGINEER and contains waiver provisions <br />as required by paragraph 5.11. CONTRACTOR shall pay <br />each Subcontractor a just share of any insnrafice mone:ys <br />received by CONTRACTOR on account of losses under pol- ', <br />icies issued pursuant to paragraphs 5.6 and 5.7. <br /> <br />Patent Fees and Royalties: <br /> 6.12. CONTRACTOR shall pay aR license fees and roy- <br />aries and assume all costs incident to the use in the perfor- <br />mance of the Work or the incorporation in the Work of any <br />invention, design, process, product or device which is the <br />subject o.epatent rights or copyrights held by others. If a <br />particular invention, design, process, product or device is <br />specified in thc Contract Documents for use in thc pcrfor- <br />mance of the Work and if to the actual knowledge of 0WNER <br /> <br />*See Supplementary Conditions 43 <br /> <br /> <br />