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3 ) it has a proven record of performance 6 . 04 Progress Schedule and availability of responsive service ; and A . Contractor shall adhere to the Progress Schedule b . Contractor certifies that, if approved and established in accordance with Paragraph 2 . 07 as it may incorporated into the Work : be adjusted from time to time as provided below . I ) there will be no increase in cost to the 1 . Contractor shall submit to Engineer for Owner or increase in Contract Times, and acceptance (to the extent indicated in Paragraph 2 . 07 ) proposed adjustments in the Progress Schedule that 2) it will conform substantially to the will not result in changing the Contract Times . Such detailed requirements of the item named in adjustments will comply with any provisions of the the Contract Documents . General Requirements applicable thereto . 2 . Substitute Items 2 . Proposed adjustments in the Progress Schedule that will change the Contract Times shall be a . If in Engineer ' s sole discretion an item of submitted in accordance with the requirements of material or equipment proposed by Contractor Article 12 . Adjustments in Contract Times may only does not qualify as an "or-equal " item under be made by a Change Order. Paragraph 6 . 05 . A . 1 , it will be considered a proposed substitute item . 6 . 05 Substitutes and "Or-Equals " b . Contractor shall submit sufficient information A . Whenever an item of material or equipment is as provided below to allow Engineer to specified or described in the Contract Documents by determine that the item of material or equipment using the name of a proprietary item or the name of a proposed is essentially equivalent to that named particular Supplier, the specification or description is and an acceptable substitute therefor. Requests intended to establish the type , function , appearance, and for review of proposed substitute items of quality required . Unless the specification or description material or equipment will not be accepted by contains or is followed by words reading that no like, Engineer from anyone other than Contractor. equivalent, or "or-equal " item or no substitution is permitted , other items of material or equipment or c . The requirements for review by Engineer will material or equipment of other Suppliers may be be as set forth in Paragraph 6 . 05 .A .2 . d , as submitted to Engineer for review under the circumstances supplemented in the General Requirements and described below. as Engineer may decide is appropriate under the circumstances . 1 . " Or-Equal " Items: If in Engineer ' s sole discretion an item of material or equipment proposed by d . Contractor shall make written application to Contractor is functionally equal to, that named and Engineer for review of a proposed substitute item sufficiently similar so that no change in related Work of material or equipment that Contractor seeks to will be required , it may be considered by Engineer as furnish or use . The application : an "or-equal " item , in which case review and approval of the proposed item may, in Engineer ' s 1 ) shall certify that the proposed substitute sole discretion , be accomplished without compliance item will : with some or all of the requirements for approval of proposed substitute items . For the purposes of this a) perform adequately the functions Paragraph 6 . 05 .A . 1 , a proposed item of material or and achieve the results called for by the equipment will be considered functionally equal to an general design , item so named if: b) be similar in substance to that a. in the exercise of reasonable judgment specified , and Engineer determines that : c) be suited to the same use as that 1 ) it is at least equal in materials of specified ; construction , quality, durability , appearance , strength , and design characteristics ; 2 ) will state : 2) it will reliably perform at least equally a) the extent, if any , to which the use of well the function and achieve the results the proposed substitute item will preju- imposed by the design concept of the dice Contractor ' s achievement of completed Project as a functioning whole , Substantial Completion on time ; EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved . 00700 - 19