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.
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
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:: If 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
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.
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