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2. 07 as it may be adjusted from time to time as provided below. b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; 1 . CONTRACTOR shall submit to and (ii) it will conform substantially, even ENGINEER for acceptance (to the extent indi- with deviations, to the detailed requirements cated in paragraph 2. 07) proposed adjustments of the item named in the Contract in the progress schedule that will not result in Documents. changing the Contract Times (or Milestones) . Such adjustments will conform generally to the 2. Substitute Items progress schedule then in effect and additional- ly will comply with any provisions of the General a. If in ENGINEER's sole discretion an Requirements applicable thereto. item of material or equipment proposed by CONTRACTOR does not qualify as an 2. Proposed adjustments in the "or-equal" item under paragraph 6. 05.A. 1 , it progress schedule that will change the Contract will be considered a proposed substitute Times (or Milestones) shall be submitted in item . accordance with the requirements of Article 12 . Such adjustments may only be made by a b. CONTRACTOR shall submit suffi- Change Order or Written Amendment in actor- cient information as provided below to allow dance with Article 12. ENGINEER to determine that the item of material or equipment proposed is 6.05 Substitutes and . "Or-Equals" essentially equivalent to that named and an acceptable substitute therefor. Requests for A. Whenever an item of material or equipment is review of proposed substitute items of specified or described in the Contract Documents by material or equipment will not be accepted using the name of a proprietary item or the name of a by ENGINEER from anyone other than particular Supplier, the specification or description is CONTRACTOR. intended to establish the type, function , appearance, and quality required . Unless the specification or c. The procedure for review by ENGI- description contains or is followed by words reading NEER will be as set forth in paragraph that no like, equivalent, or "or�qual" item or no 6. 05.A.2 .d , as supplemented in the General substitution is permitted , other items of material or Requirements and as ENGINEER may equipment or material or equipment of other Suppliers decide is appropriate under the may be submitted to ENGINEER for review under the circumstances. circumstances described below. d . CONTRACTOR shall first make 1 . "Or-Equal" Items: If in ENGINEER's written application to ENGINEER for review sole discretion an item of material or equipment of a proposed substitute item of material or proposed by CONTRACTOR is functionally equipment that CONTRACTOR seeks to equal to that named and sufficiently similar so furnish or use. The application shall certify that no change in related Work will be required , that the proposed substitute item will it may be considered by ENGINEER as an perform adequately the functions and "or-equal" item , in which case review and achieve the results called for by the general approval of the proposed item may, in design , be similar in substance to that ENGINEER's sole discretion , be accomplished specified, and be suited to the same use as without compliance with some or all of the that specified. The application will state the requirements for approval of proposed substi- extent, if any, to which the use of the pro- tute items. For the purposes of this paragraph posed substitute item will prejudice 6. 05.A. 1 , a proposed item of material or CONTRACTOR's achievement of Substan- equipment will be considered functionally equal tial Completion on time, whether or not use to an item so named if: of the proposed substitute item in the Work will require a change in any of the Contract a. in the exercise of reasonable Documents (or in the provisions of any other judgment ENGINEER determines that: (i) it direct contract with OWNER for work on the is at least equal in quality, durability, Project) to adapt the design to the proposed appearance, strength, and design substitute item and whether or not characteristics; (ii) it will reliably perform at incorporation or use of the proposed substi- least equally well the function imposed by tute item in connection with the Work is sub- the design concept of the completed Project ject to payment of any license fee or royalty. as a functioning whole, and ; All variations of the proposed substitute 00700 - General Conditions REV 04=07.doc 00700 - 19 FAIDublic WorkMENGINEERING DIVISION PROJECTS10545%66Th Ave SR60 to 57th St (Arcadis)\Admim\Bid Documents\00700 - General Conditions REV 04-07.doc