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ments . CONTRACTOR shall at all times maintain ly will comply with any provisions of the General <br /> good discipline and order at the Site . Requirements applicable thereto . <br /> B. Except as otherwise required for the safety or 2 . Proposed adjustments in the <br /> protection of persons or the Work or property at the progress schedule that will change the Contract <br /> Site or adjacent thereto , and except as otherwise Times (or Milestones) shall be submitted <br />in <br /> stated in the Contract Documents , all Work at the Site accordance with the requirements of Article 12 . <br /> shall be performed during regular working hours , and Such adjustments may only be made by a <br /> CONTRACTOR will not permit overtime work or the Change Order or Written Amendment in accor- <br /> performance of Work on Saturday, Sunday, or any dance with Article 12 , <br /> legal holiday without OWNER's written consent (which <br /> will not be unreasonably withheld) given after prior 6 .05 Substitutes and "Or-Equals" <br /> written notice to ENGINEER. <br /> A. Whenever an item of material or equipment is <br /> specified or described in the Contract Documents by <br /> 6 .03 Services, Materials, and Equipment using the name of a proprietary item or the name of a <br /> particular Supplier, the specification or description is <br /> A. Unless otherwise specified in the General Re- intended to establish the type, function , appearance, <br /> quirements , CONTRACTOR shall provide and and quality required . Unless the specification or <br /> assume full responsibility for all services , materials, description contains or is followed by words reading <br /> equipment, labor, transportation, construction that -no like, equivalent, or "or-equal" item or no <br /> equipment and machinery, tools , appliances , fuel , substitution is permitted , other items of material or <br /> power, light, heat, telephone, water, sanitary facilities , equipment or material or equipment of other Suppliers <br /> temporary facilities , and all other facilities and may be submitted to ENGINEER for review under the <br /> incidentals necessary for the performance , testing , circumstances described below. <br /> start-up , and completion of the Work. <br /> 1 . "Or-Equal" Items: If in ENGINEER's <br /> B . All materials and equipment incorporated into sole discretion an item of material or equipment <br /> the Work shall be as specified or, if not specified , shall proposed by CONTRACTOR is functionally <br /> be of good quality and new, except as otherwise equal to that named and sufficiently similar so <br /> provided in the Contract Documents . All warranties that no change in related Work will be required , <br /> and guarantees specifically called for by the Specifica- it may be considered by ENGINEER as an <br /> tions shall expressly run to the benefit of OWNER. If "or-equal" item , in which case review and <br /> required by ENGINEER, CONTRACTOR shall furnish approval of the proposed item may, in <br /> satisfactory evidence (including reports of required ENGINEER's sole discretion , be accomplished <br /> tests) as to the source , kind , and quality of materials without compliance with some or all of <br /> the <br /> and equipment. All materials and equipment shall be requirements for approval of proposed substi- <br /> stored , applied , installed , connected , erected , tute items . For the purposes of this paragraph <br /> protected , used , cleaned , and conditioned in 6 .05 .A. 1 , a proposed item of material or <br /> accordance with instructions of the applicable equipment will be considered functionally equal <br /> Supplier, except as otherwise may be provided in the to an item so named if: <br /> Contract Documents , <br /> a. in the exercise of reasonable <br /> 6 .04 Progress Schedule judgment ENGINEER determines that: (i) it <br /> is at least equal in quality, durability, <br /> A. CONTRACTOR shall adhere to the progress appearance , strength , and design <br /> schedule established in accordance with paragraph characteristics; (ii) it will reliably perform at <br /> 2 .07 as it may be adjusted from time to time as least the designuequally well <br /> the t of the function <br /> m completed Project <br /> provided below. concept cop <br /> as a functioning whole , and ; <br /> 1 . CONTRACTOR shall submit to <br /> ENGINEER for acceptance (to the extent indk b . CONTRACTOR certifies that: (i) <br /> sated in paragraph 2 .07) proposed adjustments there is no increase in cost to the OWNER; <br /> C �a <br /> in the progress schedule that will not result in and ) it will conform substantially, even <br /> changing the Contract Times (or Milestones) . with deviations , to the detailed requirements <br /> Such adjustments will conform generally to the of the item named in the Contract <br /> progress schedule then in effect and additional- Documents . <br /> 00700 - General Conditions REV 04-07 <br /> 00700 - 19 <br /> F:\Engineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00700 - General Conditions REV 04-07.doc <br />