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3 it In ; r '' �; � . avG ` '` "'' f` '.`, ^= `,.r5 » , `' It Syn 5 " R Y 3' '� N+S vl .t r . .w . . e i YY B . All materials and equipment incorporated into proposed by CONTRACTOR is functionally p the Work shall be as specified or, if not specified , shall equal to that named and sufficiently similar sothat no change in related Work will be required , be of good quality and new, except as otherwise it may be considered by ENGINEER as an It provided in the Contract Documents . All warranties and guarantees specifically called for b the S ecifica- "or-equal" item , in which case review and y P approval of the proposed item may, in tions shall expressly run to the benefit of OWNER . If required by ENGINEER, CONTRACTOR shall furnish ENGINEER's sole discretion , be accomplished satisfactoryevidence without compliance with some or all of the ( including reports of required requirements for approval of proposed substk tests ) as to the source , kind , and quality of materials and equipment . All materials and equipment shall be tute items . For the purposes of this paragraph 6 . 05 . A. 1 stored , applied , installed , connected , erected , , will be considered functionally equal a proposed item of material or a protected , used , cleaned , and conditioned in equipment to an item so named if: accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents . a . in the exercise of reasonable judgment ENGINEER determines that : (i ) it 6 . 04 Progress Schedule is at least equal in quality, durability, appearance , strength , and design A. CONTRACTOR shall adhere to the progress characteristics ; ( ii ) it will reliably perform at P 9 least equally well the function imposed by schedule established in accordance with paragraph the design concept of the completed Project 2 . 07 as it may be adjusted from time to time as provided below, as a functioning whole , and ; 1 . CONTRACTOR shall submit tob . CONTRACTOR certifies that : ( i ) ENGINEER for acceptance (to the extent indi- there is no increase in cost to the OWNER; and ( ii) it will conform substantially, even cated in paragraph 2 . 07 ) proposed adjustments with deviations , to the detailed requirements in the progress schedule that will not result in of the item named in the Contract changing the Contract Times (or Milestones ) . Such adjustments will conform generally to the Documents . progress schedule then in effect and additional- 2 . Substitute Items ly will comply with any provisions of the General Requirements applicable thereto . a . If in ENGINEER 's sole discretion an item of material or equipment proposed by 2 . Proposed adjustments in the progress schedule that will change the Contract "CONTRACTOR does not qualify as an or-equal" item under paragraph 6 . 05 . A. 1 , it Times (or Milestones ) shall be submitted in accordance with the requirements of Article 12 , will be considered a proposed substitute Such adjustments may only be made by a item . Change Order or Written Amendment in accor- dance with Article 12 . b . CONTRACTOR shall submit suffi- cient information as provided below to allow 6 . 05 Substitutes and "Or-Equals " ENGINEER to determine that the item of material or equipment proposed is A. Whenever an item of material orequipment is essentially equivalent to that named and an acceptable substitute therefor . Requests for specified or described in the Contract Documents by review of proposed substitute items of using the name of a proprietary item or the name of a tion is material or equipment will not be accepted particular Supplier, the specification or description by ENGINEER from anyone other than intended to establish the type , function , appearance , CONTRACTOR , and quality required . Unless the specification or description contains or is followed by words reading c . The procedure for review by ENGI - that no like , equivalent, or "or-equal" item or no substitution is permitted , other items of material or NEER will be as set forth in paragraph Suppliers 6 . 05 .A. 2 . d , as supplemented in the General equipment or material or equipment of other Su pp Requirements and as ENGINEER may may be submitted to ENGINEER for review under the circumstances described below . decide is appropriate under the circumstances . 1 . "Or-Equal' Items: If in ENGINEER 's d . CONTRACTOR shall first make sole discretion an item of material or equipment written application to ENGINEER for review 00700 - General Conditions REV 04-07.doc F :\Public Works\ENGINEERING DIVISION PROJECTS\0923A Trans Florida Greenway (At Sebastian River Middle School )\Admim\Contract Documents\00700 - General Conditions REV 04-07.doc I%A4 It t ell elVe a t ya , , I'll I