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CONTRACTOR does not qualify as an "or -equal" item under paragraph 6.05.A.1, it B. Substitute Construction Methods or Proce- will be considered a proposed substitute dures: If a specific means, method, technique, se - item. quence, or procedure of construction is shown or indicated in and expressly required by the Contract b. CONTRACTOR shall submit suffi- Documents, CONTRACTOR may furnish or utilize a cient information as provided below to allow substitute means, method, technique, sequence, or ENGINEER to determine that the item of procedure of construction approved by ENGINEER. material or equipment proposed is CONTRACTOR shall submit sufficient information to essentially equivalent to that named and an allow ENGINEER, in ENGINEER's sole discretion, to acceptable substitute therefor. Requests for determine that the substitute proposed is equivalent to review of proposed substitute items of that expressly called for by the Contract Documents. material or equipment will not be accepted The procedure for review by ENGINEER will be similar by ENGINEER from anyone other than to that provided in subparagraph 6.05.A.2. CONTRACTOR. C. Engineer's Evaluation: ENGINEER will be c. The procedure for review by ENGI- allowed a reasonable time within which to evaluate NEER will be as set forth in paragraph each proposal or submittal made pursuant to para- 6.05.A.2.d, as supplemented in the General graphs 6.05.A and 6.05.B. ENGINEER will be the sole Requirements and as ENGINEER may judge of acceptability. No "or -equal" or substitute will decide is appropriate under the be ordered, installed or utilized until ENGINEER's circumstances. review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop d. CONTRACTOR shall first make Drawing for an "or equal." ENGINEER will advise written application to ENGINEER for review CONTRACTOR in writing of any negative of a proposed substitute item of material or determination. equipment that CONTRACTOR seeks to furnish or use. The application shall certify D. Special Guarantee: OWNER may require that the proposed substitute item will perform CONTRACTOR to furnish at CONTRACTOR's ex - adequately the functions and achieve the pense a special performance guarantee or other surety results called for by the general design, be with respect to any substitute. similar in substance to that specified, and be suited to the same use as that specified. The E. ENGINEER's Cost Reimbursement: application will state the extent, if any, to ENGINEER will record time required by ENGINEER which the use of the proposed substitute and ENGINEER's Consultants in evaluating substitute item will prejudice CONTRACTOR's proposed or submitted by CONTRACTOR pursuant to achievement of Substantial Completion on paragraphs 6.05.A.2 and 6.05.13 and in making time, whether or not use of the proposed changes in the Contract Documents (or in the substitute item in the Work will require a provisions of any other direct contract with OWNER for change in any of the Contract Documents (or work on the Project) occasioned thereby. Whether or in the provisions of any other direct contract not ENGINEER approves a substitute item so pro - with OWNER for work on the Project) to posed or submitted by CONTRACTOR, CON - adapt the design to the proposed substitute TRACTOR shall reimburse OWNER for the charges of item and whether or not incorporation or use ENGINEER and ENGINEER's Consultants for of the proposed substitute item in connection evaluating each such proposed substitute. with the Work is subject to payment of any license fee or royalty. All variations of the F. CONTRACTOR's Expense: CONTRACTOR proposed substitute item from that specified shall provide all data in support of any proposed will be identified in the application, and substitute or "or -equal" at CONTRACTOR's expense. available engineering, sales, maintenance, repair, and replacement services will be 6.06 Concerning Subcontractors, Suppliers, and indicated. The application will also contain Others an itemized estimate of all costs or credits that will result directly or indirectly from use A. CONTRACTOR shall not employ any Subcon- of such substitute item, including costs of tractor, Supplier, or other individual or entity (including redesign and claims of other contractors those acceptable to OWNER as indicated in paragraph affected by any resulting change, all of which 6.06.13), whether initially or as a replacement, against will be considered by ENGINEER in whom OWNER may have reasonable objection. CON - evaluating the proposed substitute item. TRACTOR shall not be required to employ any Sub - ENGINEER may require CONTRACTOR to contractor, Supplier, or other individual or entity to furnish additional data about the proposed furnish or perform any of the Work against whom substitute item. CONTRACTOR has reasonable objection. General Conditions - 00700 - 15