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Paragraph 6.05.A has been deleted and replaced with a b. CONTRACTOR shall submit sufficient new paragraph. See the Supplementary Conditions. information as provided below to allow ENGI- AVAwne er ` of wwefial is NEER to determine that the item of material or equipment proposed is essentially equivalent to tbe�rnr� �f a pl „per '*AWR Of the name Fpaffie a that named and an acceptable substitute therefor. Suppllerm, thesr�— --fit desefiptien is inteade ' Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CON- is fell&wed by weFds Feading that no like, equivalent, e TRACTOR. "F ta'latefia or- e t 1 ♦ tl. � r -� r =_�_-F �� c. The procedure for review by ENGI- S''UPt.l:erms May --be—submitte'1 t I:TTGD;EED F NEER will be as set forth in paragraph 6. 05 .A.2 .d, as supplemented in the General Requirements and as ENGINEER may decide is 1 . "Or-Equal " Items: If in ENGINEER' S appropriate under the circumstances. sole discretion an item of material or equipment pro- posed by CONTRACTOR is functionally equal to d. CONTRACTOR shall first make written that named and sufficiently similar so that no change application to ENGINEER for review of a in related Work will be required, it may be con- proposed substitute item of material or sidered by ENGINEER as an "or-equal" item, in equipment that CONTRACTOR seeks to furnish which case review and approval of the proposed or use. The application shall certify that the item may, in ENGINEER' s sole discretion, be proposed substitute item will perform adequately accomplished without compliance with some or all the functions and achieve the results called for of the requirements for approval of proposed substi- by the general design, be similar in substance to tute items. For the purposes of this paragraph that specified, and be suited to the same use as 6.05 .A. 1 , a proposed item of material or equipment that specified. The application will state the will be considered functionally equal to an item so extent, if any, to which the use of the proposed named if substitute item will prejudice CONTRACTOR's achievement of Substantial Completion on time, Sentence 6.05.A.1 .a.(ii) has been deleted and replaced whether or not use of the proposed substitute with a new sentence. See the Supplementary item in the Work will require a change in any of Conditions. the Contract Documents (or in the provisions of a. in the exercise of reasonable judgment any other direct contract with OWNER for work ENGINEER determines that: (i) it is at least on the Project) to adapt the design to the equal in quality, durability, appearance, strength, proposed substitute item and whether or not and design characteristics; (ii) incorporation or use of the proposed substitute } €exleast equally " `'' `' item in connection with the Work is subject to ed by the design eeneept of 4he eemple payment of any license fee or royalty. All ~ eningwhole, and; variations of the proposed substitute item from that specified will be identified in the applica- b. CONTRACTOR certifies that: (i) there is tion, and available engineering, sales, no increase in cost to the OWNER; and (ii) it maintenance, repair, and replacement services will conform substantially, even with deviations, will be indicated. The application will also to the detailed requirements of the item named in contain an itemized estimate of all costs or the Contract Documents. credits that will result directly or indirectly from use of such substitute item, including costs of 2 . Substitute Items redesign and claims of other contractors affected by any resulting change, all of which will be a. If in ENGINEER' s sole discretion an considered by ENGINEER in evaluating the item of material or equipment proposed by CONTRACTOR does not qualify as an proposed substitute item ENGINEER may require CONTRACTOR to furnish additional "or-equal" item under paragraph 6.05 .A. 1 , it will data about the proposed substitute item. be considered a proposed substitute item r B . Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or Rev . 03 / 2006 Egret Marsh ' 00700 - 21