b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform
substantially, even with deviations, to the detailed requirements of the item named in the Contract
Documents.
2. Substitute Items
a. If in ENGINEER’s sole discretion an item of material or equipment proposed by CONTRACTOR does not
qualify as an “or-equal” item under paragraph 6.05.A.1, it will be considered a proposed substitute item.
b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that
the item of material or equipment proposed is essentially equivalent to that named and an acceptable
substitute therefore. Requests for review of proposed substitute items of material or equipment will not be
accepted by ENGINEER from anyone other than CONTRACTOR.
c. The procedure for review by ENGINEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in
the General Requirements and as ENGINEER may decide is appropriate under the circumstances.
d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item
of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the
proposed substitute item will perform adequately the functions and achieve the results called for by the
general design, be similar in substance to that specified, and be suited to the same use as that specified. The
application will state the extent, if any, to which the use of the proposed substitute item will prejudice
CONTRACTOR’s achievement of Substantial Completion on time, whether or not use of the proposed
substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any
other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute
item and whether or not incorporation or use of the proposed substitute item in connection with the Work is
subject to payment of any license fee or royalty. All variations of the proposed substitute item from that
specified will be identified in the application, and available ENGINEERing, sales, maintenance, repair, and
replacement services will be indicated. The application will also contain an itemized estimate of all costs or
credits that will result directly or indirectly from use of such substitute item, including costs of redesign and
claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in
evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data
about the proposed substitute item.
B. Substitute Construction Methods or Procedures:: \f a specific means, method, technique, sequence, or procedure of
construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or
utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGINEER.
CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER’s sole discretion, to determine that
the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for
review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2.
C. ENGINEER’s Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of acceptability. No “or-
equal” or substitute will be ordered, installed or utilized until ENGINEER’s review is complete, which will be evidenced
by either a Change Order for a substitute or an approved Shop drawing for an “or equal”. ENGINEER will advise
CONTRACTOR in writing of any negative determination.
D. Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR’s expense a special performance
guarantee or other surety with respect to any substitute.
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