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I "Or -Equal Items If in ENGINEER's sole discretion an item
<br />ofruterhal or equipment propocedby CONTRACTOR is functionally equal
<br />to that named and suH'icientlysimtlar so that no change in relaled Work will
<br />be requued, it may be considered by ENGINEER as an "or -equal" iters, in
<br />which case review and approval ofthe proposed item may, in ENGINEER's
<br />sole discretion, be accomplished without compliance with some or all ofthe
<br />requirctrients for approval of proposed substitute items For the purposes of
<br />this paragraph 6 05,.11, a proposed item of material or equipment will be
<br />considered functionally equal to an item so named if.
<br />a to the exercise of reasonable judgment ENGINEER
<br />determines that. fit it is at least equal in quality, durability,
<br />appearance, strength, and design characteristics, (it) it will reliably
<br />perform at least equally well the function imposed by the design
<br />concept of the completed Project as a functioning whole, and,
<br />b CONTRACTOR certifies that: (i) there is no increase in
<br />cost to the OWNER; and (ii) it will conform substantially, even with
<br />deviations, to the detailed requirements of the item named in lite
<br />Contract DocumenLs
<br />2 Substitute Items
<br />a If in ENGINEER's sole discretion an item of malerial or
<br />equipment proposed by CONTRACTOR does not quatify as an
<br />..or -equal" item under paragraph 6 05 A. 1, it will be considered a
<br />proposed substitute item
<br />b. CONTRACTOR shall submit sufficient information as
<br />provided below to allow ENGINEER to determine that the item of
<br />material or equipment proposed is essentially equivalent to that named
<br />and an aLcc-ptablu substitute therefor Requests for review of proposed
<br />substitute item of material or equipment will not be accepted by
<br />ENGINEER from anyone other than CONTRACTOR.
<br />c The procedure for review by ENGINEER will be as set
<br />forth in paragraph 6.05.A.2.d, as supplemceted in the General
<br />Requiranerrls and as ENGINEER may decide is appropriate under the
<br />circumstances.
<br />d. CONTRACTOR shall fust make written application to
<br />ENGINEER for review of a proposed substitute item of material or
<br />equipment that CONTRACTOR seeks to furnish or use. The
<br />application shall certify that the proposed substitute item will perform
<br />adequately the flinclions and achieve the results called for by the
<br />general design, be similar in substance to that specified, and be suited
<br />to the same use as that specified The application will slate the extent,
<br />if any, to which the use ofthe proposed substitute item will prejudice
<br />CONTRACTOR'S achievement of Substantial Completion on time,
<br />whether anon use of& proposed substitute item in the Work will re-
<br />quire a change in any of the Contract Documents (or in the provisions
<br />of any other direct contract with OWNER for work on the Project) to
<br />adapt the design to the proposed substitute item and whether or not
<br />incorporation or use ofthe proposed substitute item lir connection with
<br />the Work is subject to payment of any license fee or royalty All
<br />variations ofthe proposed substitute item from that specified will be
<br />identified in the application, and available engineering, sales,
<br />maudcuncz, repair, and replacement services will be indicated, The
<br />application will also contain an itemized estinWz of all [rids or credits
<br />that will result directly or indirectly from use of such substitute item,
<br />including costs ofredesign and claims ofother contractors affected by
<br />any rh9rlling change, all ofwhich will be considered by ENGINEER
<br />in evaluating the proposed substitute item. ENGINEER may require
<br />CONTRACTOR to furnish additional data about the proposed
<br />substitute iters
<br />B Substitute CowtmctionMethods or Procedures- If a specific means,
<br />method, tecitniquq sequence, or procedure of construction is shown or indicated
<br />in and expressly required by thu Contract Documents, CONTRACTOR may
<br />fumish or utilize a substitute means, method, terhnique, sequence, or procedure
<br />of construction approved by ENGINEER CONTRACTOR shall submit
<br />sufficed information to allow ENGINEER, in ENGINEER's sole discretion, to
<br />determine that the substitute proposed is equivalent to that expressly called for
<br />by the Contract Documents, The procedure for review by ENGINEER will be
<br />similar to that provided in subparagraph 6-05,A.2,
<br />C Eng,neer's Evaluation, ENGINEER will be allowed a reasonable
<br />time within wfuch to evaluate each proposal or submittal made pursuant to para-
<br />graphs 6.05.A and 6 05.B. ENGINEER will be Ihesolejudge of acceptability
<br />No 'or -equal" or suhsliluta will be ordered, installed or utilized until
<br />F.NGINRER's review is complete, which will be evidenced by either a Change
<br />Order for a substitute or an approved Shop Draining for an "or equal "
<br />ENGINEER will advise CONTRACTOR in writing of any negative
<br />determination
<br />D Special Guarantee: OWNER may require CONTRACTOR to
<br />furnish at CONTRAC rOR's expense a special performance guarantee or other
<br />surety with respect to any substitute.
<br />E ENGINEER's Cost Reimbursement ENGINEER will record time
<br />required by ENGINEER and ENGINEER's Consultants in evalttating substitute
<br />proposed orsubmitted by CONTRACTOR pursuant to paragraphs 6.05A.2 and
<br />6 05,8 and in making changes in the Contract Documents (or in the provisions
<br />of any other direct contract with OWNER for work on the Project) occasioned
<br />thetebv Whetter or not ENGINEER approves a substitute item so proposed or
<br />submitted by CONTRACTOR, CONTR.' C1OR shall reimburse OWNER for
<br />the charges of ENGINEER and ENGINEER's Consultants for evaluating each
<br />such proposed substitute
<br />F C0NTR,4CTOR's Expense CONTRACTOR shall provide all data
<br />in support of any proposed substitute or "or -equal" at CONTRACTOR's
<br />expense
<br />606 Concerning Subcontractors, Suppliers, and Others
<br />A CONTRACTOR shall not employ any Subcontractor, Supplier, or
<br />other individual or entity (including those acceptable to OWNER as indicated
<br />in paragraph 6,06.8), whether initially or as a replacement, against whom
<br />OWNER may have reasonable objection CONTRACTOR shall not be required
<br />to employ any Subcontractor, Supplier or other individual or entity to furnish
<br />or perform any of the Work against whom CONTRACTOR has reasonable
<br />objection
<br />B If the Supplementary Conditions require the identity of certain
<br />Subcontractors, Suppliers, or other individuals or entities to be submitted to
<br />OWNER in advarm for acceptance by OWNER by a specified dale prior to the
<br />Effective Date ofthe Agreement, and if CONTRACTOR has submitted a list
<br />Ilhereofin accordance with the Supplementary Conditions, OWNER's acceptance
<br />(either in writing or by failing to make written objection thereto by the date
<br />indicated for acceptance or objection in the Bidding Documents or the Contract
<br />Doaurezils) of any such Subcontractor. Supplier, or other individual or entity so
<br />identified may be revoked on the basis of reasonable objection after due
<br />investigation CONTRACTOR shall submit an acceptable replacement for the
<br />related Subcontractor, Supplier, or other individual or entity, and the Contract
<br />Price will be adjusted by the diff rence in the cost occasioned by such
<br />replacement, and an appropriate Change Order will be issued or Written
<br />Amendment signed. No acceptance by OWNER of any such Suboon"dor,
<br />Supplier, orot ervidividual or entity, whether initially or as a replacement, shall
<br />constitute a waiver of any right of OWNER or ENGINEER to reject defective
<br />Work.
<br />C, CONTRACTOR shall be fully responsible to OWNER and
<br />ENGINEER for all ads and omissions of the Subcontractors, Suppliers, and
<br />other individuals or entities performing or furnishing any ofthe Work just as
<br />CONTRACTOR is responsible for CONTRACTOR's own acts and omissions.
<br />Nothing in the Contract Documents shall create for the benefit of any such
<br />Suboitntraefor. Supplier, or oder individual or entity any conhac4tal relationship
<br />between OWNER or ENGINEER and any such Subcontractor, Supplier or other
<br />individual or entity, nor shall it create any obligalion on the part of OWNER or
<br />ENGINEER to pay or to see to the payment of any moneys due any such
<br />Subcontractor Supplier, or otber individual or entity except as may Mherwiso be
<br />required by laws and Regulations.
<br />D. CONTRACTOR shall be solely responsible for scheduling and
<br />coordinating the Work of Subcontractors, Suppliers, and other individuals or
<br />entities performing or furnishing any of the Work under a direct or indeed
<br />contract with CONTRACTOR
<br />E. CONTRACTOR sball require all Subcontractors. Suppliers, and such
<br />other individuals or entities performing or furnishing any ofthe Work to commu-
<br />nicate with ENGINEER through CONTRACTOR
<br />F The divisions and sections ofthe Specifications and the identifications
<br />ofany Drawing shall not control CONTRACTOR in dividing the Work among
<br />Subcontractors or Suppliers or delineating the Work to be performed by any
<br />specific trade.
<br />00 72 00-13
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