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ENGINEER's sole discretion, be accomplished perform adequately the functions and without compliance with some or all of the achieve the results called for by the general requirements for approval of proposed substi- design, be similar in substance to that tute items For the purposes of this paragraph specified, and be suited to the same use as 6 05.A.1, a proposed item of material or that specified. The application will state the equipment will be considered functionally equal extent, if any, to which the use of the pro- to an item so named if- posed substitute item will prejudice CONTRACTOR's achievement of Substan- a. in the exercise of reasonable tial Completion on time, whether or not use judgment ENGINEER determines that: (i) it of the proposed substitute item in the Work is at least equal in quality, durability, will require a change in any of the Contract appearance, strength, and design Documents (or in the provisions of any other characteristics, (ii) it will reliably perform at direct contract with OWNER for work on the least equally well the function imposed by Project) to adapt the design to the proposed the design concept of the completed Project substitute item and whether or not as a functioning whole, and; incorporation or use of the proposed substi- tute item in connection with the Work is sub- b. CONTRACTOR certifies that: (i) ject to payment of any license fee or royalty. there is no increase in cost to the OWNER, All variations of the proposed substitute and (ii) it will conform substantially, even item from that specified will be identified in with deviations, to the detailed requirements the application, and available engineering, of the item named in the Contract sales, maintenance, repair, and Documents. replacement services will be indicated The application will also contain an itemized esti- 2. Substitute Items mate of all costs or credits that will result directly or indirectly from use of such a. If in ENGINEER's sole discretion an substitute item, including costs of redesign item of material or equipment proposed by and claims of other contractors affected by CONTRACTOR does not qualify as an any resulting change, all of which will be "or-equal" item under paragraph 6 05.A.1, it considered by ENGINEER in evaluating the will be considered a proposed substitute proposed substitute item ENGINEER may item. require CONTRACTOR to furnish additional data about the proposed substitute item b. CONTRACTOR shall submit suffi- cient information as provided below to allow B Substitute Construction Methods or Proce- ENGINEER to determine that the item of dures: If a specific means, method, technique, se- material or equipment proposed is quence, or procedure of construction is shown or essentially equivalent to that named and an indicated in and expressly required by the Contract acceptable substitute therefor Requests for Documents, CONTRACTOR may furnish or utilize a review of proposed substitute items of substitute means, method, technique, sequence, or material or equipment will not be accepted procedure of construction approved by ENGINEER. by ENGINEER from anyone other than CONTRACTOR shall submit sufficient information to CONTRACTOR. allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to c. The procedure for review by ENGI- that expressly called for by the Contract Documents NEER will be as set forth in paragraph The procedure for review by ENGINEER will be similar 6.05.A.2.d, as supplemented in the General to that provided in subparagraph 6 05.A.2. Requirements and as ENGINEER may decide is appropriate under the C. Engineer's Evaluation. ENGINEER will be circumstances. allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to para- d CONTRACTOR shall first make graphs 6 05.A and 6 05 B ENGINEER will be the written application to ENGINEER for review sole judge of acceptability No "or-equal" or substitute of a proposed substitute item of material or will be ordered, installed or utilized until ENGINEER's equipment that CONTRACTOR seeks to review is complete, which will be evidenced by either a furnish or use. The application shall certify Change Order for a substitute or an approved Shop that the proposed substitute item will Drawing for an "or equal." ENGINEER will advise 00700-General Conditions REV 5-10-13.doc 00700-20 F-1Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vidmimibid documentsWaster Contract Documents100700-General Conditions REV 5-10-13.doc