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40 <br />40 <br />6.7.1.1. " Or-Enuer ', If in ENGINEER's tolediscre- <br />tion an 'stem of material or equipment proposed by CON{ <br />TRACTOR is funtUMS-Ity equal to that named and tuffs' <br />cientiy similar so that no chanpc in related Work writ be <br />required. it may be considered by ENGINEER as In <br />"or -equal'• item. in which case review and approval of the <br />proposed item may, in ENGINEER's sole distinction. be <br />accompiishod without compliance with some or all of the <br />requirements (oracceptaricx of proposed substitute items. <br />6.7.1.:. Subs1hurr tremor: If in ENGINEER's rode <br />discretion an item of material or equipmcm proposed by <br />CONTRACTOR does not qualify as an -or -equal- item <br />under subpsra.ysaph 6.'1.1 A- it will be considered a pro- <br />posed substitute item. CONTRACTOR shalt submit suffi- <br />cient information as provided below to allow ENGINEER <br />to determine that the item of material or equiprr>ent <br />proposed is essentially equivalent to 11,11 tsamed and In <br />wxmprable subatitutc thercfor. Tire procedure for review <br />by the ENGINEER wilt include the following a supple. <br />mented in the General Requirements and as ENGINEER <br />may decide is appropriate under rhe circumstances. Re- <br />quest, for review of proposed substitute items of material <br />or equipment will not be accepted by ENGINEER from <br />anyone other titin CONTRACTOR- If CONTRACI[7R <br />wishes to furnish or use a substitute item of material or <br />equipment. CONTRACTOR shalt first make written appli- <br />cation to ENGINEER for acccptancc thereof, certffying <br />that the proposed substitute will perform adequately the <br />fun.dons and achieve the results tatted for by the general <br />design. be similar in substance to that specified and be <br />suited to the €erne use as that specified, The spOieation <br />evil! state the extent, if any. to which the evahniion and <br />acceptance ofthcproposed substitute will pteiudiceCON. <br />IMAC OR's achievement of Substantial Completion on <br />time. wtrethe r o r not a=ptan ce of itv: substitute for use in <br />the Work will require a change in any of the Contract <br />Documents ter in the provisions of any other direct <br />contrr.at with OWNER for work on the Project) to idem <br />the design to the proposed substitute and wliether or not <br />incorporation or use of the substitute in cortw=ion with <br />the Work is suirjeet to payment of any license fee or <br />royalty. All vtitiarions oftht: propoicd st:`•'.titut,: from that <br />specified will be identified in the appilcarion and avariibic <br />maintenance. repair and topl2cancnt scrvict: will be indi- <br />cam d. The apptication will also conuin an itcrnirixi esti <br />mate of all costs or credits dtat will insult directly or <br />indirectly from reecptutce of such substitute. including <br />costs of redesign and claims of other eonuactars affected <br />by the resulting Change. all of which will be considered by <br />ENGINEER in evalumin6 the proposed substitute. EN- <br />GINEER nuy require CONTRACTOR to furnish addi- <br />tional data about the proposed substitute. _ <br />6,7.13. CONTRAlCTOR's Expense: All data to be <br />pn vvidcd b� CONTRAC GR in suppan of any proposed <br />..or -equal" or substitaic item will be au CONTtiILTOR's <br />expense. <br />6,7Z Suirtruurt t:wtarruo_rron .{(r+h. -ds ar Treads . ca: i i a <br />construction is shown orindicatcd in and expressly required by <br />the Contract Documents, CONTRACTOR may furnish or <br />utflixt a substitute metra. rnethod. technique. sequence or <br />proctdurc of construction acceptable to ENGINEER. CON- <br />TRACTOR $hall submit sufficient information to allow 'ENGI- <br />NEER. in ENGINEER's sok diiscre,6on. to detcnninc that the <br />substitute proposed is equivalent to that cxpresaly called forby <br />the Conuact Document%.'The procedure for review by CNGI- <br />NEER wilt be similar to diet provided in subpxragraplt 6.7.12. <br />6.7.3. Enginreo,$ Eval earion. ENGINEER will be allowed <br />a reasonable time within which to evaluate raeh proposal or <br />submittal made pursuant to puagtaplts 6.7.1.2 and 6.72. <br />ENGINEER will be the tote judge of acceptability. No "ory <br />udtud" or substitute Will be ordered. insudled or utilised <br />without ENGINEER's prior written acceptartcc which will be <br />evidcticsd by either a Change Order or an approved Shop <br />Drawing. OWNER may requite CONTRACTOR to furnish at <br />CON'TRAC,OR's expeue ra spctiai perfotniatce gkurantec or <br />other surety with respect to any "cr-aquas" or substitute. <br />ENGINEER watt record time required by ENGINEER and <br />ENGINEER'S CO —it— in evaluating substinrLea ptaposcd <br />or submitted byCONTRACTOR pursuant to paragraphs 6.7.12 <br />and 6.7-2 and in madcingchanges in the Contract DeCtirrenta for <br />in Clic provisions of any other direct contract with OWNER for <br />work on the Prajeaj occasioned thereby. Whether or not <br />ENGINEER accepts a 11ubs6nite htcrrr so proposed or saLmilt- <br />led by CON RA['MR. CONTRACTOR shall reimburse <br />OWNER for the chins of ENGIN 9 ER and ENGINEER's <br />Consultants for cvaduating each such proposed substitute item. <br />CoUC,,,drrg Subcanonscrnrs. Suppliers and ddurr: <br />6,8.1. CONTRACTOR shall not cmplov any Subcon- <br />tractor. Supplier or other pc -Mon or otgxnoxatiolt (including <br />those acceprihle to OWNER and ENGINEER ads indicated <br />in paragraph 6.8.2). whether initially or as a substitute„ <br />against whom OWNER or ENGINEER may have reason- <br />able obiccdon. CONTRACTOR woad( not be rcgtirred to <br />employ any Subcoramtor. Supplier or other person or <br />orgardzatiorr, to furnish or perform any of the 'Work against <br />whom CO NTP k MR bas reasonable objection. <br />6.8.2. If die Supplementary Conditions require dic iden- <br />tity of certain S uL_0CnU=to rs. Suppliers or other persalts or <br />orpaixadons (including those who an to furnish the princi- <br />pal items of materials or cquipmem) to be submitted to <br />OWNER in advance of the specified date prior in the <br />Effective Date of the Apnx ocnt for acceptance Eye a <br />a <br />and ENGINEER. and if CONTRAC1rOR has Cte d <br />list thereof in scturdaace with the Supplcmmu-y <br />tions. OWNER'S or ENGINEER'( aceeptstrco fcither in <br />wriung or by fwling to rn,�Lke written ntrjection thereto by the <br />.date indicated dor acceptance or ob'lection in the bidding <br />documents or trite Contact Doeumcntsl of any such Subcan- <br />u=or. Supplier orotherperson ororgiruxadon so iden <br />tified <br />may be revoked on the basis of reasaoabte objection aftcs <br />due investigation. in which case CONTRACTOR &h lilt b' <br />ti;. :r scccptib!- s! k,oittur. the Contract Price <br />�.a.......i ..i f...• �...... _IiLT; , 'ri'_ ' "f7f 'W'%' d by i'V11 <br />