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.
E. ENGINEER’s Cost Reimbursement:ENGINEER will record time required by ENGINEER and ENGINEER’s
Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and
6.05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with
OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so
proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER
and ENGINEER’s Consultants for evaluating each such proposed substitute.
F. CONTRACTOR’s Expense: CONTRACTOR shall provide all data in support of any proposed substitute or “or-
equal’ at CONTRACTOR’s expense.
6.06 Concerning Subcontractors, Suppliers, and Others
A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those
acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom OWNER
may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other
individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection.
B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or
entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective
Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary
Conditions, OWNER’s acceptance (either in writing or by failing to make written objection thereto by the date indicated
for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier,
or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation.
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