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submitted in accordance with the requirements b . CONTRACTOR shall submit suffi- of Article 12 . Such adjustments may only be cient information as provided below to allow made by a Change Order or Written Amend - ENGINEER to determine that the item of ment in accordance with Article 12 , material or equipment proposed is essentially equivalent to that named and an 6 . 05 Substitutes and "Or-Equals " acceptable substitute therefor. Requests for review of proposed substitute items of A. Whenever an item of material or equipment material or equipment will not be accepted is specified or described in the Contract Documents by ENGINEER from anyone other than by using the name of a proprietary item or the name CONTRACTOR , of a particular Supplier, the specification or description is intended to establish the type , function , c. The procedure for review by ENGI - appearance , and quality required . Unless the NEER will be as set forth in paragraph specification or description contains or is followed by 6 . 05 . A. 2 . d , as supplemented in the General words reading that no like , equivalent, or " or-equal" Requirements and as ENGINEER may item or no substitution is permitted , other items of decide is appropriate under the material or equipment or material or equipment of circumstances . other Suppliers may be submitted to ENGINEER for review under the circumstances described below. d . CONTRACTOR shall first make written application to ENGINEER for review 1 . "Or-Equal" Items: If in ENGINEER 's of a proposed substitute item of material or sole discretion an item of material or equip- equipment that CONTRACTOR seeks to ment proposed by CONTRACTOR is function - furnish or use . The application shall certify ally equal to that named and sufficiently similar that the proposed substitute item will so that no change in related Work will be perform adequately the functions and required , it may be considered by ENGINEER achieve the results called for by the general as an "or-equal" item , in which case review and design , be similar in substance to that approval of the proposed item may , in specified , and be suited to the same use as ENGINEER ' s sole discretion , be accomplished that specified . The application will state the without compliance with some or all of the extent, if any, to which the use of the pro- requirements for approval of proposed substi- posed substitute item will prejudice tute items . For the purposes of this paragraph CONTRACTOR ' s achievement of Substan - 6 . 05 . A. 1 , a proposed item of material or tial Completion on time , whether or not use equipment will be considered functionally equal of the proposed substitute item in the Work to an item so named if: will require a change in any of the Contract Documents (or in the provisions of any a . in the exercise of reasonable other direct contract with OWNER for work judgment ENGINEER determines that: ( i ) it on the Project) to adapt the design to the is at least equal in quality, durability, proposed substitute item and whether or appearance , strength , and design not incorporation or use of the proposed characteristics ; ( ii ) it will reliably perform at substitute item in connection with the Work least equally well the function imposed by is subject to payment of any license fee or the design concept of the completed royalty . All variations of the proposed Project as a functioning whole , and ; substitute item from that specified will be identified in the application , and available b . CONTRACTOR certifies that: ( i) engineering , sales , maintenance , repair, there is no increase in cost to the OWNER ; and replacement services will be indicated . and ( ii) it will conform substantially, even The application will also contain an with deviations , to the detailed requirements itemized estimate of all costs or credits that of the item named in the Contract will result directly or indirectly from use of Documents . such substitute item , including costs of redesign and claims of other contractors 2 . Substitute Items affected by any resulting change , all of which will be considered by ENGINEER in a . If in ENGINEER ' s sole discretion an evaluating the proposed substitute item , item of material or equipment proposed by ENGINEER may require CONTRACTOR to CONTRACTOR does not qualify as an furnish additional data about the proposed "or-equal " item under paragraph 6 . 05 . A. 11 it substitute item , will be considered a proposed substitute item . B . Substitute Construction Methods or Proce- dures: If a specific means , method , technique , se- 00700 - General Conditions REV 04-07 . doc 00700 - 19 F' \Public Works\ENGINEERING DIVISION PROJECTS\1142-Mise Culvert ReplacementsMrnim\bid documents\00700 - General Conditions REV 04-07 . doc