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2. Substitute Items directly or indirectly from use of such substitute item, including costs of redesign a. If in ENGINEER's sole discretion an and claims of other contractors affected by item of material or equipment proposed by any resulting change, all of which will be CONTRACTOR does not qualify as an considered by ENGINEER in evaluating the "or-equal" item under paragraph 6.05.A.1, it proposed substitute item. ENGINEER may will be considered a proposed substitute require CONTRACTOR to furnish additional item. data about the proposed substitute item. b. CONTRACTOR shall submit suffi- B. Substitute Construction Methods or Proce- cient information as provided below to allow dures: If a specific means, method, technique, se- ENGINEER to determine that the item of quence, or procedure of construction is shown or material or equipment proposed is indicated in and expressly required by the Contract essentially equivalent to that named and an Documents, CONTRACTOR may furnish or utilize a acceptable substitute therefor. Requests for substitute means, method, technique, sequence, or review of proposed substitute items of procedure of construction approved by ENGINEER. material or equipment will not be accepted CONTRACTOR shall submit sufficient information to by ENGINEER from anyone other than allow ENGINEER, in ENGINEER's sole discretion, to CONTRACTOR. determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. c. The procedure for review by ENGI- The procedure for review by ENGINEER will be similar NEER will be as set forth in paragraph to that provided in subparagraph 6.05.A.2. 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may C. Engineer's Evaluation: ENGINEER will be decide is appropriate under the allowed a reasonable time within which to evaluate circumstances. each proposal or submittal made pursuant to para- graphs 6.05.A and 6.05.B. ENGINEER will be the d. CONTRACTOR shall first make sole judge of acceptability. No"or-equal" or substitute written application to ENGINEER for review will be ordered, installed or utilized until ENGINEER's of a proposed substitute item of material or review is complete,which will be evidenced by either a equipment that CONTRACTOR seeks to Change Order for a substitute or an approved Shop furnish or use. The application shall certify Drawing for an "or equal." ENGINEER will advise that the proposed substitute item will CONTRACTOR in writing of any negative perform adequately the functions and determination. achieve the results called for by the general design, be similar in substance to that D. Special Guarantee: OWNER may require specified, and be suited to the same use as CONTRACTOR to furnish at CONTRACTOR's ex- that specified. The application will state the pense a special performance guarantee or other extent, if any, to which the use of the pro- surety with respect to any substitute. posed substitute item will prejudice CONTRACTOR's achievement of Substan- E. ENGINEER's Cost Reimbursement: tial Completion on time, whether or not use ENGINEER will record time required by ENGINEER of the proposed substitute item in the Work and ENGINEER's Consultants in evaluating substitute will require a change in any of the Contract proposed or submitted by CONTRACTOR pursuant to Documents(or in the provisions of any other paragraphs 6.05.A.2 and 6.05.6 and in making direct contract with OWNER for work on the changes in the Contract Documents (or in the Project) to adapt the design to the proposed provisions of any other direct contract with OWNER substitute item and whether or not for work on the Project) occasioned thereby. Whether incorporation or use of the proposed substi- or not ENGINEER approves a substitute item so pro- tute item in connection with the Work is sub- posed or submitted by CONTRACTOR, CON- ject to payment of any license fee or royalty. TRACTOR shall reimburse OWNER for the charges All variations of the proposed substitute of ENGINEER and ENGINEER's Consultants for item from that specified will be identified in evaluating each such proposed substitute. the application, and available engineering, sales, maintenance, repair, and F. CONTRACTOR's Expense: CONTRACTOR replacement services will be indicated. The shall provide all data in support of any proposed application will also contain an itemized esti- substitute or"or-equal"at CONTRACTOR's expense. mate of all costs or credits that will result 00700-General Conditions REV 04-07.doc 00700-20 FAPublic Works\ENGINEERING DIVISION PROJECTS\1306 Oslo Road(E of 15th Ave SW)Pipe Culvert Improvement\Admim\bid documents\00700-General Conditions REV 04-07.doc