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<br />I <br /> <br />I <br /> <br />I <br /> <br />I) there will be no increase in cost to <br />the Owner or increase in Contract Times, and <br /> <br />2) it will conform substantially to the <br />detailed requirements of the item named in the <br />Contract Documents. <br /> <br />2. Substitute Items <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />a. If in Engineer's sole discretion an item of <br />material or equipment proposed by Contractor <br />does not qualify as an "or-equal" item under <br />Paragraph 6.05.A.I, it will be considered a <br />proposed substitute item. <br /> <br />b. Contractor shall submit sufficient information <br />as provided below to allow Engineer to <br />determine that the item of material or equipment <br />proposed is essentially equivalent to that named <br />and an acceptable substitute therefor. Requests <br />for review of proposed substitute items of <br />material or equipment will not be accepted by <br />Engineer from anyone other than Contractor. <br /> <br />c. The requirements for review by Engineer will <br />be as set forth in Paragraph 6.05.A.2.d, as <br />supplemented in the General Requirements and <br />as Engineer may decide is appropriate under the <br />circumstances. <br /> <br />d. Contractor shall make written application to <br />Engineer for review of a proposed substitute item <br />of material or equipment that Contractor seeks to <br />furnish or use. The application: <br /> <br />I) shall certify that the proposed substi- <br />tute item will: <br /> <br />a) perform adequately the functions and <br />achieve the results called for by the <br />general design, <br /> <br />b) be similar In substance to that <br />specified, and <br /> <br />c) be suited to the same use as that <br />specified; <br /> <br />2) will state: <br /> <br />a) the extent, if any, to which the use of <br />the proposed substitute item will preju- <br />dice Contractor's achievement of <br />Substantial Completion on time; <br /> <br />b) whether or not use of the proposed <br />substitute item in the Work will require <br />a change in any of the Contract Docu- <br />ments (or in the provisions of any other <br /> <br />direct contract with Owner for other <br />work on the Project) to adapt the design <br />to the proposed substitute item; and <br /> <br />c) whether or not incorporation or use <br />of the proposed substitute item in con- <br />nection with the Work is subject to <br />payment of any license fee or royalty; <br /> <br />3) will identify: <br /> <br />a) all vanatlOns of the proposed <br />substitute item from that specified, and <br /> <br />b) available engineering, sales, <br />maintenance, repair, and replacement <br />servIces; <br /> <br />4) and shall contain an itemized esti- <br />mate of all costs or credits that will result <br />directly or indirectly from use of such substitute <br />item, including costs of redesign and claims of <br />other contractors affected by any resulting <br />change, <br /> <br />B. Substitute Construction Methods or Proce- <br />dures: If a specific means, method, technique, sequence, <br />or procedure of construction is expressly required by the <br />Contract Documents, Contractor may furnish or utilize a <br />substitute means, method, technique, sequence, or <br />procedure of construction approved by Engineer. <br />Contractor shall submit sufficient information to allow <br />Engineer, in Engineer's sole discretion, to determine that <br />the substitute proposed is equivalent to that expressly <br />called for by the Contract Documents. The requirements <br />for review by Engineer will be similar to those provided <br />in Paragraph 6.05.A.2. <br /> <br />C. Engineer's Evaluation: Engineer will be <br />allowed a reasonable time within which to evaluate each <br />proposal or submittal made pursuant to Paragraphs 6.05.A <br />and 6.05.B. Engineer may require Contractor to furnish <br />additional data about the proposed substitute item. <br />Engineer will be the sole judge of acceptability. No "or <br />equal" or substitute will be ordered, installed or utilized <br />until Engineer's review is complete, which will be <br />evidenced by either a Change Order for a substitute or an <br />approved Shop Drawing for an "or equal." Engineer will <br />advise Contractor in writing of any negative <br />determination. <br /> <br />D. Special Guarantee: Owner may require <br />Contractor to furnish at Contractor's expense a special <br />performance guarantee or other surety with respect to any <br />substitute. <br /> <br />E. Engineer's Cost Reimbursement: Engineer <br />will record Engineer's costs in evaluating a substitute <br />proposed or submitted by Contractor pursuant to <br /> <br />I <br /> <br />04/08 <br /> <br />06-5723 <br /> <br />EJCDC C-700 Standard General Conditions of the Construction Contract. <br />Copyright ~ 2002 National Society of Professional Engineers for E.JCDC. All rights reserved. <br />00700 - 20 <br />