1, “Or-Equal” Items:
If in ENGINEER’S sole discretion an item of material or equipment proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so that no change in related Work will be required, it may be
considered by ENGINEER as an “or-equal” item, in which case review and approval of the proposed item may, in
ENGINEER’s sole discretion, be accomplished without compliance with some or all of the requirements for
approval of proposed substitute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or
equipment will be considered functionally equal to an item so named if:
a. In the exercise of reasonable judgment ENGINEER determines that: (4) it is at least equal in quality,
durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the
function imposed by the design concept of the completed Project as a functioning whole, and;
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. fin 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:. 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
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.
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