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I equipment will not be accepted by Engineer b) available engineering, sales, from anyone other than Contractor. maintenance, repair, and I replacement services; c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, 4) and shall contain an itemized I as supplemented in the General Requirements and as Engineer may decide estimate of all costs or credits that will result directly or indirectly from use of such is appropriate under the circumstances. substitute item, including costs of redesign and claims of other contractors affected by I d. Contractor shall make written application any resulting change, to Engineer for review of a proposed substitute item of material or equipment that B. Substitute Construction Methods or I Contractor seeks to furnish or use. The application: Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor 1) shall certify that the proposed may furnish or utilize a substitute means, method, I substitute item will: technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit a) perform adequately the functions sufficient information to allow Engineer, in I and achieve the results called for by the general design, Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The b) be similar in substance to that requirements for review by Engineer will be similar to Ispecified, and those provided in Paragraph 6.05.A.2. c) be suited to the same use as that C. Engineer's Evaluation: Engineer will be I specified; allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to 2)will state: Paragraphs 6.05.A and 6.05.8. Engineer may require Contractor to furnish additional data about I a) the extent, if any, to which the the proposed substitute item. Engineer will be the use of the proposed substitute item sole judge of acceptability. No "or equal" or will prejudice Contractor's substitute will be ordered, installed or utilized until I achievement of Substantial Comple- tion Engineer's review is complete, which will be on time; evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." b) whether or not use of the Engineer will advise Contractor in writing of any I proposed substitute item in the negative determination. Work will require a change in any of the Contract Documents (or in the D. Special Guarantee: Owner may require I provisions of any other direct Contractor to furnish at Contractor's expense a contract with Owner for other work special performance guarantee or other surety with on the Project) to adapt the design respect to any substitute. to the proposed substitute item; and I E. Engineer's Cost Reimbursement c) whether or not incorporation or Engineer will record Engineer's costs in evaluating a use of the proposed substitute item substitute proposed or submitted by Contractor I in connection with the Work is sub- pursuant to Paragraphs 6.05.A.2 and 6.05.B sub- ject to payment of any license fee or Whether or not Engineer approves a substitute item royalty; so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer I 3)will identify: for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the a) all variations of the proposed charges of Engineer for making changes in the I substitute item from that specified , and Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. 1 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 17 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700.20 04/08 Final Version 05-4893