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i 6.05 Substitutes and"Or-Equals" b. CONTRACTOR shall submit suffi- cient information as provided below to allow I A. Whenever an item of material or equipment is ENGINEER to determine that the item of specified or described in the Contract Documents by material or equipment proposed is using the name of a proprietary item or the name of a essentially equivalent to that named and an particular Supplier, the specification or description is acceptable substitute therefor. Requests for intended to establish the type, function, appearance, review of proposed substitute items of and quality required. Unless the specification or material or equipment will not be accepted description contains or is followed by words reading by ENGINEER from anyone other than that no like, equivalent, or "or-equal" item or no CONTRACTOR. substitution is permitted, other items of material or equipment or material or equipment of other Suppliers c. The procedure for review by ENGI- may be submitted to ENGINEER for review under the NEER will be as set forth in paragraph circumstances described below. 6.05.A.2.d; as supplemented in the General Requirements and as ENGINEER may 1. "Or-Equal" Items: If in ENGINEER's decide is appropriate under the sole discretion an item of material or equipment circumstances. proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so d. CONTRACTOR shall first make that no change in related Work will be required, written application to ENGINEER for review it may be considered by ENGINEER as an of a proposed substitute item of material or "or-equal" item, in which case review and equipment that CONTRACTOR seeks to approval of the proposed item may, in furnish or use. The application shall certify ENGINEER's sole discretion, be accomplished that the proposed substitute item will without compliance with some or all of the perform adequately the functions and requirements for approval of proposed substi- achieve the results called for by the general tute items. For the purposes of this paragraph design, be similar in substance to that 6.05.A.1, a proposed item of material or specified, and be suited to the same use as equipment will be considered functionally equal that specified. The application will state the to an item so named if: extent, if any, to which the use of the pro- posed substitute item will prejudice a. in the exercise of reasonable CONTRACTOR's achievement of Substan- judgment ENGINEER determines that: (i) it tial Completion on time, whether or not use is at- .least equal in quality, durability, of the proposed substitute item in the Work appearance, strength, and design will require a change in any of the Contract characteristics; (ii) it will reliably perform at Documents(or in the provisions of any other least equally well the function imposed by direct contract with OWNER for work on.the the design concept of the completed Project Project) to adapt the design to the proposed as a functioning whole,and; substitute item and whether or not incorporation or use of the proposed substi- b. CONTRACTOR certifies that: (i) tute item in connection with the Work is sub- there is no increase in cost to the OWNER; ject to payment of any license fee or royalty and (ii) it will conform substantially, even All variations of the proposed substitute with deviations, to the detailed requirements item from that specified will be identified in of the item named in the Contract the application, and available engineering, Documents. sales, maintenance, repair, and replacement services will be indicated. The 2. Substitute Items application will also contain an itemized esti- mate of all costs or credits that will result a. If in ENGINEER's sole discretion an directly or indirectly from use of such item of material or equipment proposed by substitute item, including costs of redesign CONTRACTOR does not qualify as an and claims of other contractors affected by I "or-equal" item under paragraph 6.05.A..1, it any resulting change, all of which will be will be considered a proposed substitute considered by ENGINEER in evaluating the I item. proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. 00700-General Conditions REV 5-10-13 00700-20 FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th SL to Airport Dr WesMdmimlbid documentslMaster Contract Documents\007D0- General Conditions REV 5-10-13.doc I I I I