Common use of Substitute Items Clause in Contracts

Substitute Items. 10.6.1.2.1 If in Architect's and/or Owner’s discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item, it will be considered a proposed substitute item. 10.6.1.2.2 Contractor shall submit sufficient information as provided below to allow Architect to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Architect from anyone other than Contractor. 10.6.1.2.3 The procedure for review by Architect will be as set forth in subparagraph (4), and as Contractor may decide is appropriate under the circumstances. 10.6.1.2.4 Contractor shall first make written application to Architect 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 Architect in evaluating the proposed substitute item. Architect may require Contractor to furnish additional data about the proposed substitute item.

Substitute Items. 10.6.1.2.1 a. If in Architect's and/or OwnerENGINEER’s sole discretion an item of material or equipment proposed by Contractor CONTRACTOR does not qualify as an "“or-equal" item” item under paragraph 6.05.A.1, it will be considered a proposed substitute item. 10.6.1.2.2 Contractor b. CONTRACTOR shall submit sufficient information as provided below to allow Architect ENGI- XXXX to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Architect ENGINEER from anyone other than ContractorCON- TRACTOR. 10.6.1.2.3 c. The procedure for review by Architect XXXX- XXXX will be as set forth in subparagraph (4)paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Contractor ENGINEER may decide is appropriate under the circumstances. 10.6.1.2.4 Contractor d. CONTRACTOR shall first make written application to Architect ENGINEER for review of a proposed substitute item of material or equipment that Contractor 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 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 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 applicationapplica- tion, 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 Architect ENGINEER in evaluating the proposed substitute item. Architect ENGINEER may require Contractor CONTRACTOR to furnish additional data about the proposed substitute item.

Substitute Items. 10.6.1.2.1 If in Architect's and/or Owner’s discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equalor‐equal" item, it will be considered a proposed substitute item. 10.6.1.2.2 Contractor shall submit sufficient information as provided below to allow Architect to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Architect from anyone other than Contractor. 10.6.1.2.3 The procedure for review by Architect will be as set forth in subparagraph (4), and as Contractor may decide is appropriate under the circumstances. 10.6.1.2.4 Contractor shall first make written application to Architect 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 Architect in evaluating the proposed substitute item. Architect may require Contractor to furnish additional data about the proposed substitute item.

Substitute Items. 10.6.1.2.1 1. The Design-Builder may treat Subcontractor substitution requests in accordance with this section but must obtain the City’s approval of the substitution before allowing the Subcontractors to bid based upon the substitution. 2. If in Architect's and/or Owner’s discretion an item of material or equipment proposed by Contractor the Design-Builder does not qualify as an "or-“equal" item” item as defined above, it will be considered a proposed substitute item. This determination will be at the City’s sole discretion. 10.6.1.2.2 Contractor shall 3. The Design-Builder must submit sufficient information information, as provided below below, to allow Architect the City to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests The City will not accept requests for review evaluation of proposed substitute items of material or equipment will not be accepted by Architect from anyone other than Contractorthe Design-Builder. The Design-Builder must make the request as a submittal. 10.6.1.2.3 The procedure for review by Architect will be as set forth in subparagraph (4), and as Contractor may decide is appropriate under the circumstances. 10.6.1.2.4 Contractor shall first make written application to Architect for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall must certify that the proposed substitute item will adequately 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. 5. The application will must state the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's the Design-Builder’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 this Contract Documents (or in the provisions of any other direct affected contract with Owner the City for work on the Projectwork) to adapt the design to the proposed substitute item 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. 6. All The application must identify any variations of the proposed substitute item from that specified will be identified in the applicationspecified, and shall identify available engineering, sales, maintenance, repair, and replacement services will be indicatedservices. 7. The application will also must 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 Architect the City in evaluating the proposed substitute item. 8. Architect The City may require Contractor the Design-Builder to furnish additional data beyond that listed above about the proposed substitute item. 9. The City may require the Design-Builder to furnish, at the Design-Builder’s expense, a special performance guarantee or other surety with respect to any substitute. 10. No increase in the Guaranteed Maximum Price or extension of the Contract Time will be considered when a substitution is not accepted.

Substitute Items. 10.6.1.2.1 a. If in Architect's and/or OwnerEngineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an "“or-equal" item” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. 10.6.1.2.2 b. Contractor shall submit sufficient information as provided below to allow Architect Engineer to determine that if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Architect Engineer from anyone other than Contractor. 10.6.1.2.3 c. The procedure requirements for review by Architect Engineer will be as set forth in subparagraph (4)Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Contractor Engineer may decide is appropriate under the circumstances. 10.6.1.2.4 d. Contractor shall first make written application to Architect Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application application: 1) shall certify that the proposed substitute item will will: a) perform adequately the functions and achieve the results called for by the general design, , b) be similar in substance to that specified, and and c) be suited to the same use as that specified. The application ; 2) will state state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's ’s achievement of Substantial Completion on time, , b) 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 other work on the Project) to adapt the design to the proposed substitute item and item, and c) 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 ; 3) will identify: a) all variations of the proposed substitute item from that specified will be identified in the applicationspecified, and and b) available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also services; and 4) shall 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 Architect in evaluating the proposed substitute item. Architect may require Contractor to furnish additional data about the proposed substitute item.

Substitute Items. 10.6.1.2.1 a. If in Architect's and/or OwnerARCHITECT’s sole discretion an item of material or equipment proposed by Contractor CONTRACTOR does not qualify as an "or-“or equal" item” item under paragraph 6.05.A.1, it will be considered a proposed substitute item. 10.6.1.2.2 Contractor b. CONTRACTOR shall submit sufficient information as provided below to allow Architect ARCHITECT to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefortherefore. Requests for review of proposed substitute items of material or equipment will not be accepted by Architect ARCHITECT from anyone other than ContractorCONTRACTOR. 10.6.1.2.3 c. The procedure for review by Architect ARCHITECT will be as set forth in subparagraph (4)paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Contractor may ARCHITECT xxx decide is appropriate under the circumstances. 10.6.1.2.4 Contractor d. CONTRACTOR shall first make written application to Architect ARCHITECT for review of a proposed substitute item of material or equipment that Contractor 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 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 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 engineeringcontracting, 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 Architect ARCHITECT in evaluating the proposed substitute item. Architect ARCHITECT may require Contractor CONTRACTOR to furnish additional data about the proposed substitute item.

Substitute Items. 10.6.1.2.1 If 1. Contractor may treat Subcontractor substitution requests in Architect's and/or accordance with this section, but shall obtain Owner’s discretion approval of the substitution before allowing the Subcontractors to bid based upon the substitution. 2. If an item of material or equipment proposed by Contractor does not qualify as an "or-“equal" item” item as defined above, it will be considered a proposed substitute item. This determination will be at Owner’s sole discretion. 10.6.1.2.2 3. Contractor shall submit sufficient information information, as provided below below, to allow Architect Owner to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests Owner will not accept requests for review evaluation of proposed substitute items of material or equipment will not be accepted by Architect from anyone other than Contractor. Contractor shall make the request as a submittal. 10.6.1.2.3 The procedure for review by Architect will be as set forth in subparagraph (4), and as Contractor may decide is appropriate under the circumstances. 10.6.1.2.4 Contractor shall first make written application to Architect 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 adequately 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. 5. The application will shall state the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's ’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 this Contract Documents (or in the provisions of any other direct affected contract with Owner for work on the Projectwork) to adapt the design to the proposed substitute item 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. 6. All The application shall identify any variations of the proposed substitute item from that specified will be identified in the applicationspecified, and shall identify available engineering, sales, maintenance, repair, and replacement services will be indicatedservices. 7. The application will also shall 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 Architect Owner in evaluating the proposed substitute item. 8. Architect Owner may require Contractor to furnish additional data beyond that listed above about the proposed substitute item. 9. Owner may require Contractor to furnish, at Contractor’s expense, a special performance guarantee or other surety with respect to any substitute. 10. No increase in the Guaranteed Maximum Price or extension of the Contract Time will be considered when a substitution is not accepted.

Substitute Items. 10.6.1.2.1 1. The Design-Builder may treat Subcontractor substitution requests in accordance with this section, but must obtain the City’s approval of the substitution before allowing the Subcontractors to bid based upon the substitution. 2. If in Architect's and/or Owner’s discretion an item of material or equipment proposed by Contractor the Design-Builder does not qualify as an "or-“equal" item” item as defined above, it will be considered a proposed substitute item. This determination will be at the City’s sole discretion. 10.6.1.2.2 Contractor shall 3. The Design-Builder must submit sufficient information information, as provided below below, to allow Architect the City to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests The City will not accept requests for review evaluation of proposed substitute items of material or equipment will not be accepted by Architect from anyone other than Contractorthe Design-Builder. The Design-Builder must make the request as a submittal. 10.6.1.2.3 The procedure for review by Architect will be as set forth in subparagraph (4), and as Contractor may decide is appropriate under the circumstances. 10.6.1.2.4 Contractor shall first make written application to Architect for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall must certify that the proposed substitute item will adequately 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. 5. The application will must state the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's the Design-Builder’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 this Contract Documents (or in the provisions of any other direct affected contract with Owner the City for work on the Projectwork) to adapt the design to the proposed substitute item 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. 6. All The application must identify any variations of the proposed substitute item from that specified will be identified in the applicationspecified, and shall identify available engineering, sales, maintenance, repair, and replacement services will be indicatedservices. 7. The application will also must 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 Architect the City in evaluating the proposed substitute item. 8. Architect The City may require Contractor the Design-Builder to furnish additional data beyond that listed above about the proposed substitute item. 9. The City may require the Design-Builder to furnish, at the Design-Builder’s expense, a special performance guarantee or other surety with respect to any substitute. 10. No increase in the Guaranteed Maximum Price or extension of the Contract Time will be considered when a substitution is not accepted. D. No Substitution: 11. Materials, products, or services marked “no substitution” have been determined to be 1) manufactured from a single source only or 2) required for the efficient utilization of existing equipment or systems. Requests for substitution will not be considered for these items. Justifications for classifying these products as “no substitution” are on file as brand name exemption items in the City’s Procurement Office. 6.11 Design-Builder Application for Evaluation: The application for evaluation of “equal” or substitute items must be made using the forms provided by the City. These forms may be copied.

Substitute Items. 10.6.1.2.1 a. If in Architect's and/or OwnerARCHITECT’s sole discretion an item of material or equipment proposed by Contractor CONTRACTOR does not qualify as an "or-“or equal" item” item under paragraph 6.05.A.1, it will be considered a proposed substitute item. 10.6.1.2.2 Contractor b. CONTRACTOR shall submit sufficient information as provided below to allow Architect ARCHITECT to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefortherefore. Requests for review of proposed substitute items of material or equipment will not be accepted by Architect ARCHITECT from anyone other than ContractorCONTRACTOR. 10.6.1.2.3 c. The procedure for review by Architect ARCHITECT will be as set forth in subparagraph (4)paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Contractor may ARCHITECT xxx decide is appropriate under the circumstances. 10.6.1.2.4 Contractor d. CONTRACTOR shall first make written application to Architect ARCHITECT for review of a proposed substitute item of material or equipment that Contractor 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 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 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 engineeringARCHITECTing, 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 Architect ARCHITECT in evaluating the proposed substitute item. Architect ARCHITECT may require Contractor CONTRACTOR to furnish additional data about the proposed substitute item.

Substitute Items. 10.6.1.2.1 If in ArchitectProject Manager's and/or Owner’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" itemitem under subparagraph 6.6.1.1, it will be considered a proposed substitute item. 10.6.1.2.2 . Contractor shall submit sufficient information as provided below to will allow Architect Project Manager to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the Project Manager will include the requirements of this paragraph and such additional requirements as Project Manager may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by Architect Project Manager from anyone other than Contractor. 10.6.1.2.3 The procedure for review by Architect will be as set forth in subparagraph (4). If Contractor wishes to furnish or use a substitute item of material or equipment, and as Contractor may decide is appropriate under the circumstances. 10.6.1.2.4 Contractor shall first make written application to Architect Project Manager for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall certify acceptance thereof, certifying 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 evaluation and acceptance of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, whether or not use acceptance of the proposed substitute item for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner the Town 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, repair and replacement services service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use acceptance of such substitute itemsubstitute, including costs of redesign and claims of other contractors affected by any the resulting change, all of which will be considered by Architect Project Manager in evaluating the proposed substitute itemsubstitute. Architect Project Manager may require Contractor to furnish additional data about the proposed substitute itemsubstitute.

Substitute Items. 10.6.1.2.1 a. If in Architect's and/or OwnerENGINEER’s sole discretion an item of material or equipment proposed by Contractor CONTRACTOR does not qualify as an "“or-equal" item” item under paragraph 6.05.A.1, it will be considered a proposed substitute item. 10.6.1.2.2 Contractor b. CONTRACTOR shall submit sufficient information as provided below to allow Architect ENGI- XXXX to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Architect ENGINEER from anyone other than ContractorCON- TRACTOR. 10.6.1.2.3 c. The procedure for review by Architect ENGI- XXXX will be as set forth in subparagraph (4)paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Contractor ENGINEER may decide is appropriate under the circumstances. 10.6.1.2.4 Contractor d. CONTRACTOR shall first make written application to Architect ENGINEER for review of a proposed substitute item of material or equipment that Contractor 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 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 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 applicationapplica- tion, 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 Architect ENGINEER in evaluating the proposed substitute item. Architect ENGINEER may require Contractor CONTRACTOR to furnish additional data about the proposed substitute item.

Substitute Items. 10.6.1.2.1 1. The Design-Builder may treat Subcontractor substitution requests in accordance with this section, but must obtain the City’s approval of the substitution before allowing the Subcontractors to bid based upon the substitution. 2. If in Architect's and/or Owner’s discretion an item of material or equipment proposed by Contractor the Design-Builder does not qualify as an "or-“equal" item” item as defined above, it will be considered a proposed substitute item. This determination will be at the City’s sole discretion. 10.6.1.2.2 Contractor shall 3. The Design-Builder must submit sufficient information information, as provided below below, to allow Architect the City to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests The City will not accept requests for review evaluation of proposed substitute items of material or equipment will not be accepted by Architect from anyone other than Contractor.the Design-Builder. The Design-Builder must make the request as a submittal. DESIGN-BUILD GENERAL CONDITIONS PAGE 12 10.6.1.2.3 The procedure for review by Architect will be as set forth in subparagraph (4), and as Contractor may decide is appropriate under the circumstances. 10.6.1.2.4 Contractor shall first make written application to Architect for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall must certify that the proposed substitute item will adequately 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. 5. The application will must state the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's the Design-Builder’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 this Contract Documents (or in the provisions of any other direct affected contract with Owner the City for work on the Projectwork) to adapt the design to the proposed substitute item 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. 6. All The application must identify any variations of the proposed substitute item from that specified will be identified in the applicationspecified, and shall identify available engineering, sales, maintenance, repair, and replacement services will be indicatedservices. 7. The application will also must 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 Architect the City in evaluating the proposed substitute item. 8. Architect The City may require Contractor the Design-Builder to furnish additional data beyond that listed above about the proposed substitute item. 9. The City may require the Design-Builder to furnish, at the Design-Builder’s expense, a special performance guarantee or other surety with respect to any substitute. 10. No increase in the Guaranteed Maximum Price or extension of the Contract Time will be considered when a substitution is not accepted.