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a 1 . "Or-Equal " Items: If in ENGINEER's sole discretion an item of material or equipment pro- d. CONTRACTOR shall first make written posed by CONTRACTOR is functionally equal to application to ENGINEER for review of a that named and sufficiently similar so that no change proposed substitute item of material or a in related Work will be required, it may be con- equipment that CONTRACTOR seeks to famish sidered by ENGINEER as an "or-equal" item, in or use. The application shall certify that the which case review and approval of the proposed proposed substitute item will perform adequately a item may, in ENGINEER's sole discretion, be the functions and achieve the results called for accomplished without compliance with some or all by the general design, be similar in substance to of the requirements for approval of proposed substi- that specified, and be suited to the same use as r tute items. For the purposes of this paragraph that specified. The application will state the 6.05.A. 1 , a proposed item of material or equipment extent, if any, to which the use of the proposed will be considered fimctionally equal to an item so substitute item will prejudice CONTRACTOR's named if: achievement of Substantial Completion on time, a whether or not use of the proposed substitute Sentence 6.05.A.I .a.(ii) has been deleted and replaced item in the Work will require a change in any of with a new sentence. See the Supplementary the Contract Documents (or in the provisions of Conditions. any other direct contract with OWNER for work r a. in the exercise of reasonable judgment on the Project) to adapt the design to the ENGINEER determines that: (i) it is at least proposed substitute item and whether or not equal in quality, durability, appearance, strength, incorporation or use of the proposed substitute a and design characteristics; (ii) it NN�'.r-�-reliaabitem in connection with the Work is subject to eff_m at least equally well the fiinotion payment of any license fee or royalty. All inipesed by the design eeneept of the Eemple variations of the proposed substitute item from r , that specified will be identified in the applica- tion, and available engineering, sales, b. CONTRACTOR certifies that: (i) there is maintenance, repair, and replacement services no increase in cost to the OWNER; and (ii) it will be indicated. The application will also will conform substantially, even with deviations, contain an itemized estimate of all costs or to the detailed requirements of the item named in credits that will result directly or indirectly from the Contract Documents. use of such substitute item, including costs of r redesign and claims of other contractors affected 2. Substitute Items by any resulting change, all of which will be considered by ENGINEER in evaluating the a. If in ENGINEER's sole discretion an proposed substitute item. ENGINEER may item of material or equipment proposed by require CONTRACTOR to furnish additional CONTRACTOR does not qualify as an data about the proposed substitute item "or-equal" item under paragraph 6.05 .A. 1 , it will a be considered a proposed substitute item B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or b. CONTRACTOR shall submit sufficient procedure of construction is shown or indicated in and information as provided below to allow ENGI- expressly required by the Contract Documents, CON- NEER to determine that the item of material or TRACTOR may fumish or utilize a substitute means, meth- equipment proposed is essentially equivalent to od, technique, sequence, or procedure of construction that named and an acceptable substitute therefor. approved by ENGINEER. CONTRACTOR shall submit a Requests for review of proposed substitute items sufficient information to allow ENGINEER, in of material or equipment will not be accepted by ENGINEER's sole discretion, to determine that the ENGINEER from anyone other than CON- substitute proposed is equivalent to that expressly called for TRACTOR. by the Contract Documents. The procedure for review by r ENGINEER will be similar to that provided in subpaza- c. The procedure for review by ENGI- graph 6.05 .A.2. NEER will be as set forth in paragraph a 6.05 .A.2.d, as supplemented in the General C. Engineer 's Evaluation: ENGINEER will be Requirements and as ENGINEER may decide is allowed a reasonable time within which to evaluate each appropriate under the circumstances. proposal or submittal made pursuant to paragraphs 6.05.A r a 00700 - 21