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