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rovaln'. All variations of thc pruposcd substiui c from ih:it <br />~ spacilicd will hc idrntificd in thc applic:ition a d available <br />maincenanct. rcpair and replucement sxn•icc will bc indi- <br />t:ucd. Thc applicatiun will alw contain an itemiztd e+ti- <br />matz of aIl costs thxt will result dirccUy or indirectly from <br />acceptance of such substitute, includine costs of reJesign <br />and claims of other contractors af(ecied by t e resulting <br />change. all of which shall be considered by E GINEER <br />in evaluatingtha proposed substitute. ENGI EER may <br />require CONTRACTOR to furnish at CONT ACTOR's <br />expense additional data about the propused s bstitute. <br />63 If a specific means, method, techniq e, sequence <br />or procedure of construction is indicated in or rzquired by <br />the Contract Documencs. CONTRACTOR m y furnish or <br />utilizc a substicute means, method, sequenc , technique <br />or procedure of construction acceptable to E GINEER. <br />if CONTRACTOR submits sufficient informa ion to aliow <br />ENGINEER to delermine that the substimte proposed is <br />equivalent ta that indicated or required by t e Contract <br />Documents. The procedur.. for review by NGINEER <br />will be similar to that orovided in paragnph 6.7.1 as applied <br />by ENGINEER and as may be suppkmenre in the Gen- eral Requirements. <br />6.73. ENGINEER will be allowed a rea onable time <br />within which to evaluace each proposed subst tu[e. ENGI- <br />NEER will be the sole judge of acceptabi ity, and no <br />substitute will be ordered, inslalled or utili ed without <br />~ ENGINEER's prior written acceptance whic will be evi- <br />denced by either a Change Order ar an ap roved Shop <br />Drawing. OWNER may require CONTRA OR to furv <br />nish at CONTRACTOR's expense a special erformance <br />guarantee or other surcry with respect to an substitute. <br />ENGINEER wili record time required by NGINEER <br />and ENGINEER's consultants in evaluating ubstitutions <br />proposed by CONTitACTOR xnd in makin changes in <br />the Contcact Documents occasioned thereby. Whether or <br />not ENGINEER accepts a proposed subs itute, CON- <br />TRACTOR shall reimburse OWNER Cor th charges of <br />ENGINEER and ENGINEER's consuitant for evaluat- <br />ing each proposed substitute. <br />Corscerrsing Subcontrac(ors, Suppliers and 0(hers <br />6.8.1. CONTRACTOR shail not employ any Subcon- <br />tractor,Supplierorotherpersonororganizati n(including <br />those acceptable to OWNER and ENGIN ER as indi- <br />eated in paragraph 6.8.2), whether initially r as a substi- <br />tute, against whom OWNER or ENGINE R may have <br />reasonable objection. CONTRACCOR shall n e be required <br />to employ any Subcontractor. Supplier ar ot er person or <br />arganization to fumish or perform any oCthe ork against <br />whom CON7RACCOR has reasonable obje, tion. <br />6.8.2. If the Supplemen[ary Condition require the <br />identiry oCcertain Subcontractors. Supplier or other per- <br />sons or organizations (including those who re to furnish <br />the principal items oCmateriais and equipm nt) to be sub- <br />mitted to OWNER in advance o(the speci ed date prior <br />to the Efrective Date of the Agreement for cceptanct by <br />*See Supnlementary Conditions <br />O\VN[R and [NGINEER and il' CON'I'RACfOR has <br />5ulxnit(cd a lixt thcrcof in accordance %vith thc Suppla- <br />mcntary Cunditionx. O\1'NER's or ENGIN EER's acccpa <br />ance (eithcr in writing ur by Gailing to makc wriuen oSjco- <br />tion theretu by the date indicated for.iccept:mce or objeo- <br />tion in tht bidJing documents or the Conaatt Documents) <br />of any such Subcontnctor. Supplicr or other person or organization so identificd may be rcvokcd on the basis of <br />rcasonable objection afcer duc investigation, in which case <br />CONTRACT'OR shail submit an ncceptable substiwte, the <br />Contract Price will be increased by the diCference in the <br />cost occasioncd by such substitution and an appropriate <br />Change Order will be issued or Writeen Amendment signed. <br />No acceptance by OWNER or ENGINEER of any such <br />Subcontractor. Supplier or other person or organization <br />shall constitu[e a waiver oCany right aCOWNER or ENGI- <br />NEER to reject d<jeerire Nork. - <br />* 6.9. CONTRACCOR shall be (ully responsible to OWNER <br />and ENGINEER for all acts and omissions of the Subcon- <br />[ractors. Suppliers and other persons and organizations per- <br />Corming 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 />cont2ctual relationship benveen OWNER or ENGINEER <br />and any such Subcontractor. Supplier or other person ar <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 />6.10. The divisions and sections of the Specifications and <br />[he identifications of any Drawings shall not control CON- <br />TRACTOR in dividing the Work among Subcontractors or <br />Suppliers or delineating the WOrk to be performed by any <br />specific trade. <br />6.11. Ail 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 />cificatly binds the Subcontractor to the aNplicable terms and <br />conditions of the Contract Documen[s for the benefit of <br />OWNER and ENGLNEER and contains waiver provisions <br />as required by paragrapN 5.11. CONTRACtOR shall pay <br />each Subcontractor a just share of any insurance moneys <br />received by CONTRACTOR on accoun[ of losses under poi- <br />icies issued pursuan[ to paragraphs 5.6 and 5.7. <br />Paleat Fees arsd Roya[tiet: <br />6.12. CONTRAC'I'OR shall pay all license fees and roy- <br />alties and assume all costs incident to the use in the pedor- <br />mance of the Work or the incorporacion in the Work o( any <br />invention, design, process, product or device which is the <br />subject d paten[ rights or copyri6hts held by othcrs. If a <br />particular invention, design, process, product or device is <br />specified in the ConVact Documents for use in the.pedorv <br />mancc of the Work and if to the actual knowlcdgc of O WN ER <br />45 <br />