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items . For the purposes of this paragraph 6.05.A. 1 , a identified in the application , and available proposed item of material or equipment will be engineering , sales , maintenance, repair, and considered functionally equal to an item so named if: replacement services will be indicated . The ' application will also contain an itemized estimate of a . in the exercise of reasonable judgment all costs or credits that will result directly or indirectly ENGINEER determines that: (i) it is at least equal in from use of such substitute item, including costs of quality , durability, appearance, strength , and design redesign and claims of other contractors affected by ' characteristics ; ( ii ) it will reliably perform at least any resulting change, all of which will be considered equally well the function imposed by the design by ENGINEER in evaluating the proposed substitute concept of the completed Project as a functioning item . ENGINEER may require CONTRACTOR to whole, and ; furnish additional data about the proposed substitute ' item . b. CONTRACTOR certifies that: (i ) there is no increase in cost to the OWNER; and (ii ) it will B. Substitute Construction Methods or Procedures: If a conform substantially, even with deviations , to the specific means , method , technique, sequence, or procedure of ' detailed requirements of the item named in the construction is shown or indicated in and expressly required by Contract Documents . the Contract Documents , CONTRACTOR may furnish or utilize a substitute means , method, technique, sequence, or procedure 2 . Substitute Items of construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in a. If in ENGINEER's sole discretion an item of ENGINEER's sole discretion, to determine that the substitute material or equipment proposed by CONTRACTOR proposed is equivalent to that expressly called for by the does not qualify as an "or-equal" item under Contract Documents . The procedure for review by ENGINEER ' paragraph 6. 05.A. 11 it will be considered a proposed will be similar to that provided in subparagraph 6. 05.A.2. substitute item. C. Engineer's Evaluation: ENGINEER will be allowed a b. CONTRACTOR shall submit sufficient infor- reasonable time within which to evaluate each proposal or ' mation as provided below to allow ENGINEER to submittal made pursuant to paragraphs 6. 05.A and 6. 05. 6. determine that the item of material or equipment ENGINEER will be the sole judge of acceptability. No ` or-equal" proposed is essentially equivalent to that named or substitute will be ordered , installed or utilized until and an acceptable substitute therefore. Requests ENGINEER's review is complete, which will be evidenced by ' for review of proposed substitute items of material or either a Change Order for a substitute or an approved Shop equipment will not be accepted by ENGINEER from Drawing for an ` or equal . " ENGINEER will advise anyone other than CONTRACTOR. CONTRACTOR in writing of any negative determination . ' c. The procedure for review by ENGINEER D. Special Guarantee: OWNER may require CON- will be as set forth in paragraph 6.05.A. 2.d , as TRACTOR to furnish at CONTRACTOR's expense a special supplemented in the General Requirements and as performance guarantee or other surety with respect to any ENGINEER may decide is appropriate under the substitute. ' circumstances . E . ENGINEER's Cost Reimbursement: ENGINEER will d. CONTRACTOR shall first make written record time required by ENGINEER and ENGINEER's Consul- application to ENGINEER for review of a proposed tants in evaluating substitute proposed or submitted by ' substitute item of material or equipment that CONTRACTOR pursuant to paragraphs 6. 05.A. 2 and 6. 05. 6 CONTRACTOR seeks to furnish or use. The and in making changes in the Contract Documents (or in the application shall certify that the proposed substitute provisions of any other direct contract with OWNER for work on item will perform adequately the functions and the Project) occasioned thereby. Whether or not ENGINEER ' achieve the results called for by the general design, approves a substitute item so proposed or submitted by CON- be similar in substance to that specified , and be TRACTOR, CONTRACTOR shall reimburse OWNER for the suited to the same use as that specified . The appli- charges of ENGINEER and ENGINEER's Consultants for cation will state the extent, if any, to which the use evaluating each such proposed substitute. ' of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial F. CONTRACTOR 's Expense: CONTRACTOR shall Completion on time, whether or not use of the provide all data in support of any proposed substitute or proposed substitute item in the Work will require a "or-equal" at CONTRACTOR's expense. ' change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER 6. 06 Concerning Subcontractors, Suppliers, and Others for work on the Project) to adapt the design to the proposed substitute item and whether or not A. CONTRACTOR shall not employ any Subcontractor, ' incorporation or use of the proposed substitute item Supplier, or other individual or entity ( including those acceptable in connection with the Work is subject to payment of to OWNER as indicated in paragraph 6. 06. 6 ), whether initially any license fee or royalty. All variations of the pro- or as a replacement, against whom OWNER may have reason- posed substitute item from that specified will be able objection . CONTRACTOR shall not be required to employ ' 044572000 00700 - 17