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for by the Specifications shall expressly run to the benefit of <br /> OWNER. If required by ENGINEER, CONTRACTOR shall b. CONTRACTOR certifies that (i) there is no <br /> furnish satisfactory evidence (including reports of required tests) increase in cost to the OWNER; and (ii) it <br /> will <br /> as to the source, kind, and quality of materials and equipment conform substantially, even with deviations, to the <br /> All materials and equipment shall be stored, applied, installed, detailed requirements of the item named in <br /> the <br /> connected, erected, protected, used, cleaned, and conditioned Contract Documents. <br /> in accordance with instructions of the applicable Supplier, <br /> except as otherwise may be provided in the Contract 2. Substitute Items <br /> Documents. <br /> a. If in ENGINEER's sole discretion an item of <br /> 6.04 Progress Schedule material or equipment proposed by CONTRACTOR <br /> does not qualify as an 'or equar item under <br /> A CONTRACTOR shall adhere to the progress paragraph 6.05.A. I I it will be considered a proposed <br /> schedule established in accordance with paragraph 2.07 as it substitute item. <br /> may be adjusted from time to time as provided below. <br /> b. CONTRACTOR shall submit sufficient <br /> 1 . CONTRACTOR shall submit to ENGINEER for information as provided below to allow ENGINEER <br /> acceptance (to the extent indicated in paragraph 2.07) to determine that the item of material or equipment <br /> proposed adjustments in the progress schedule that will proposed is essentially equivalent to that named <br /> not result in changing the Contract Times (or and an acceptable substitute therefore. Requests <br /> Milestones). Such adjustments will conform generally to for review of proposed substitute items of material <br /> the progress schedule then in effect and additionally will or equipment will not be accepted by ENGINEER <br /> comply with any provisions of the General from anyone other than CONRACTOR. <br /> Requirements applicable thereto. <br /> a The procedure for review by ENGINEER <br /> 2. Proposed adjustments in the progress schedule will be as set forth in paragraph 6.05A.2.d, as <br /> that will change the Contract Times (or Milestones) shall supplemented in the General Requirements and as <br /> be submitted in accordance with the requirements of ENGINEER may decide is appropriate under the <br /> Article 12. Such adjustments may only be made by a circumstances. <br /> Change Order or Written Amendment in accordance <br /> with Article 12. d. CONTRACTOR shall first make written <br /> application to ENGINEER for review of a proposed <br /> 6.05 Substitutes and `Or-Equals' substitute item of material or equipment that <br /> ' CONTRACTOR seeks to furnish or use. The <br /> A. Whenever an item of material or equipment is application shall certify that the proposed substitute <br /> specified or described in the Contmd Documents by using the item will perform adequately the functions and <br /> name of a proprietary item or the name of a particular Supplier, achieve the results called for by the general design, <br /> the specification or description is intended to establish the type, be similar in substance to that specified, and <br /> be <br /> function, appearance, and quality required. Unless the suited to the same use as that specified. The <br /> specification or description contains or is followed by words application will state the extent, if any, to which <br /> the <br /> reading that no like, equivalent, or 'or equar item or no use of the proposed substitute item <br /> will prejudice <br /> substitution is permitted, other items of material or equipment or CONTRACTOR'S achievement of Substantial <br /> material or equipment of other Suppliers may be submitted to Completion on time, whether or not use of the <br /> ENGINEER for review under the circumstances described proposed substitute item in the Work will require a <br /> below. change in any of the Contract Documents (or in the <br /> provisions of any other direct contract with OWNER <br /> 1 . `Or=Equar Items: If in ENGINEER's sole for worts on the Project) to adapt the design to the <br /> discretion an item of material or equipment proposed by proposed substitute item and whether or not <br /> CONTRACTOR is functionally equal to that named and incorporation or use of the proposed substitute item <br /> sufficiently similar so that no change in related Work will in connection with the Work is subject to payment of <br /> be required, it may be considered by ENGINEER as an any license fee or royalty. All variations of the <br /> nor-equal" item, in which case review and approval of proposed substitute item from that specified will be <br /> the proposed item may, in ENGINEER's sole discretion, identified in the application, and available <br /> be accomplished without compliance with some or all of engineering, sales, maintenance, repair, and <br /> the requirements for approval of proposed substitute replacement services will be indicated. The <br /> items. For the purposes of this paragraph 6.05A. 1 , a application will also contain an itemized estimate of <br /> proposed item of material or equipment will be all costs or credits that will result directly or indirectly <br /> considered functionally equal to an item so named if from use of such substitute item, including costs of <br /> redesign and claims of other contractors affected by <br /> a. in the exercise of reasonable judgment any resulting change, all of which will be considered <br /> ENGINEER determines that (t) it is at least equal by ENGINEER in evaluating the proposed substitute <br /> in quality, durability, appearance, strength, and item. ENGINEER may require CONTRACTOR to <br /> design characteristics; (ii) it will reliably perform at furnish additional data about the proposed <br /> least equally well the function imposed by the substitute item, <br /> design concept of the completed Project as a <br /> functioning whole, and; <br /> 00700 - 16 <br /> 1 <br />