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equipment will not be accepted by Engineer b) available engineering, sales, <br /> from anyone other than Contractor. maintenance, repair, and <br /> replacement services; <br /> c. The requirements for review by Engineer <br /> will be as set forth in Paragraph 6.05.A.2.d, 4) and shall contain an itemized <br /> as supplemented in the General estimate of all costs or credits that will result <br /> Requirements and as Engineer may decide directly or indirectly from use of such <br /> is appropriate under the circumstances. substitute item, including costs of redesign <br /> and claims of other contractors affected by <br /> d. Contractor shall make written application any resulting change, <br /> to Engineer for review of a proposed <br /> substitute item of material or equipment that B. Substitute Construction Methods or <br /> Contractor seeks to fumish or use. The Procedures: If a specific means, method, technique, <br /> application: sequence, or procedure of construction is expressly <br /> required by the Contract Documents, Contractor <br /> 1) shall certify that the proposed may furnish or utilize a substitute means, method, <br /> substitute item will: technique, sequence, or procedure of construction <br /> approved by Engineer. Contractor shall submit <br /> a) perform adequately the functions sufficient information to allow Engineer, in <br /> and achieve the results called for by Engineer's sole discretion, to determine that the <br /> the general design, substitute proposed is equivalent to that expressly <br /> called for by the Contract Documents. The <br /> b) be similar in substance to that requirements for review by Engineer will be similar to <br /> specified, and those provided in Paragraph 6.05.A.2. <br /> c) be suited to the same use as that C. Engineer's Evaluation: Engineer will be <br /> specified; allowed a reasonable time within which to evaluate <br /> each proposal or submittal made pursuant to <br /> 2)will state: Paragraphs 6.05.A and 6.05.B. Engineer may <br /> require Contractor to furnish additional data about <br /> a) the extent, if any, to which the the proposed substitute item. Engineer will be the <br /> use of the proposed substitute item sole judge of acceptability. No "or equal° or <br /> will prejudice Contractor's substitute will be ordered, installed or utilized until <br /> achievement of Substantial Comple- Engineer's review is complete, which will be <br /> tion on time; evidenced by either a Change Order for a substitute <br /> or an approved Shop Drawing for an "or equal? <br /> b) whether or not use of the Engineer will advise Contractor in writing of any <br /> proposed substitute item in the negative determination. <br /> Work will require a change in any of <br /> the Contract Documents (or in the D. Special Guarantee: Owner may require <br /> provisions of any other direct Contractor to fumish at Contractor's expense a <br /> contract with Owner for other work special performance guarantee or other surety with <br /> on the Project) to adapt the design respect to any substitute. <br /> to the proposed substitute item; and <br /> E. Engineer's Cost Reimbursement <br /> c) whether or not incorporation or Engineer will record Engineer's costs in evaluating a <br /> use of the proposed substitute item substitute proposed or submitted by Contractor <br /> in connection with the Work is sub- pursuant to Paragraphs 6.05.A.2 and 6.05.B <br /> ject to payment of any license fee or Whether or not Engineer approves a substitute item <br /> royalty; so proposed or submitted by Contractor, Contractor <br /> shall reimburse Owner for the charges of Engineer <br /> 3)will identify: for evaluating each such proposed substitute. <br /> Contractor shall also reimburse Owner for the <br /> a) all variations of the proposed charges of Engineer for making changes in the <br /> substitute item from that specified , Contract Documents (or in the provisions of any <br /> and other direct contract with Owner) resulting from the <br /> acceptance of each proposed substitute. <br /> EJCDC C-700 Standard General Conditions of the Construction Contract. <br /> Copyright 02002 National Society of Professional Engineers for FJCDC. All rights resened. <br /> 00 700-20 <br /> 03/12 11-4179 <br />