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material or equipment of other Suppliers may be submitted to change in any of the Contract Documents (or in the ENGINEER for review under the circumstances described provisions of any other direct contract with OWNER below. for work on the Project) to adapt the design to the proposed substitute item and whether or not 1 . 'Or-Equal" Items: If in ENGINEER's sole discre- incorporation or use of the proposed substitute item tion an item of material or equipment proposed by CON- in connection with the Work is subject to payment of TRACTOR is functionally equal to that named and any license fee or royalty. All variations of the -pro- sufficiently similar so that no change in related Work will posed substitute item from that specified will be be required, it may be considered by ENGINEER as an identified in the application, and available "or-equal" item, in which case review and approval of engineering, sales, maintenance, repair, and the proposed item may, in ENGINEER's sole discretion, replacement services will be indicated. The be accomplished without compliance with some or all of application will also contain an itemized estimate of the requirements for approval of proposed substitute all costs or credits that will result directly or indirectly ` £ items. For the purposes of this paragraph 6.05.A. 1 , a from use of such substitute item, including costs of proposed item of material or equipment will be redesign and claims of other contractors affected by considered functionally equal to an item so named if: any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute a. in the exercise of reasonable judgment item. ENGINEER may require CONTRACTOR to ENGINEER determines that: (i) it is at least equal furnish additional data about the proposed in quality, durability, appearance, strength, and substitute item. design characteristics; (ii) it will reliably perform at least equally well the function imposed by the B. Substitute Construction Methods or Procedures: If a design concept of the completed Project as a specific means, method, technique, sequence, or procedure of functioning whole, and; construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize b. CONTRACTOR certifies that: (i) there is no a substitute means, method, technique, sequence, or procedure increase in cost to the OWNER; and (ii) it will of construction approved by ENGINEER. CONTRACTOR shall conform substantially, even with deviations, to the submit sufficient information to allow ENGINEER, in detailed requirements of the item named in the ENGINEER's sole discretion, to determine that the. substitute Contract Documents. proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER 2. Substitute Items will be similar to that provided in subparagraph 6.05A.2. a. If in ENGINEER's sole discretion an item of C. Engineer's Evaluation: ENGINEER will be allowed a material or equipment proposed by CONTRACTOR reasonable time within which to evaluate each proposal or does not qualify as an "or-equal' item under submittal made pursuant to paragraphs 6.05.A and 6.05. 6. paragraph 6.05A. 1 , it will be considered a proposed ENGINEER will be the sole judge of acceptability. No "or-equal" substitute item . or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by b. CONTRACTOR shall submit sufficient infor- either a Change Order for a substitute or an approved Shop mation as provided below to allow ENGINEER to Drawing for an "or equal." ENGINEER will advise determine that the item of material or equipment CONTRACTOR in writing of any negative determination. proposed is essentially equivalent to that named and an acceptable substitute therefore. Requests D. Special Guarantee: OWNER may require CON- for review of proposed substitute items of material TRACTOR to furnish at CONTRACTOR's expense a special or equipment will not be accepted by ENGINEER � performance guarantee or other surety with respect to any from anyone other than CONTRACTOR. substitute. c. The procedure for review by ENGINEER E. ENGINEER's Cost Reimbursement: ENGINEER will will be as set forth in paragraph 6.05A.2.d, as record time required by ENGINEER and ENGINEER's Consul- supplemented in the General Requirements and as tants in evaluating substitute proposed or submitted by ENGINEER may decide is appropriate under the CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05. 6 - circumstances. and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on d. CONTRACTOR shall first make written the Project) occasioned thereby. Whether or not ENGINEER application to ENGINEER for review of a proposed approves a substitute item so proposed or submitted by CON- substitute item of material or equipment that TRACTOR, CONTRACTOR shall reimburse OWNER for the CONTRACTOR seeks to furnish or use. The charges of ENGINEER and ENGINEER's Consultants for application shall certify that the proposed substitute evaluating each such proposed substitute. Rem will perform adequately the functions and achieve the results called for by the general design, F. CONTRACTOR's Expense: CONTRACTOR shall be similar in substance to that specified, and be provide all data in support of any proposed substitute or suited to the same use as that specified. The appli- 'or-equal" at CONTRACTOR's expense. cation will state the extent, if any, to which the use of the proposed substitute item will prejudice 6.06 Concerning Subcontractors, Suppliers, and Others CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the A. CONTRACTOR shall not employ any Subcontractor, proposed substitute item in the Work will require a Supplier, or other individual or entity (including those acceptable 6706-38392\8/20/03 00700- 16 VRB