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proposed by CONTRACTOR is functionally B. All materials and equipment incorporated into equal to that named and sufficiently similar so the Work shall be as specified or, if not specified, shall that 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 provided in the Contract Documents. All warranties "or-equal" item, in which case review and and guarantees specifically called for by the Specifica- approval of the proposed item may, in tions shall expressly run to the benefit of OWNER. If ENGINEER's sole discretion, be accomplished required by ENGINEER, CONTRACTOR shall furnish without compliance with some or all of the satisfactory evidence (including reports of required requirements for approval of proposed substi- tests) as to the source, kind, and quality of materials tute items. For the purposes of this paragraph and equipment. All materials and equipment shall be 6.05.A.1, a proposed item of material or stored, applied, installed, connected, erected, equipment will be considered functionally equal protected, used, cleaned, and conditioned in to an item so named if: accordance with instructions of the applicable Supplier, except as otherwise may be provided in the a. in the exercise of reasonable Contract Documents. judgment ENGINEER determines that: (i) it is at least equal in quality, durability, 5.04 Progress Schedule appearance, strength, and design characteristics; (ii) it will reliably perform at A. CONTRACTOR shall adhere to the progress 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 as a functioning whole, and; provided below. b. CONTRACTOR certifies that: (i) 1. CONTRACTOR shall submit to there is no increase in cost to the OWNER, ENGINEER for acceptance (to the extent indi- 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). Documents. Such adjustments will conform generally to the 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 CONTRACTOR does not qualify as an progress schedule that will change the Contract "or-equal" item under paragraph 6.05.A.1, it Times (or Milestones) shall be submitted in will be considered a proposed substitute accordance with the requirements of Article 12. item. Such adjustments may only be made by a Change order or Written Amendment in actor- b. CONTRACTOR shall submit suffi- dance with Article 12. tient information as provided below to allow ENGINEER to determine that the item of 6.05 Substitutes and"Or-Equals" material or equipment proposed is essentially equivalent to that named and an A. Whenever an item of material or equipment is 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 material or equipment will not be accepted particular Supplier, the specification or description is 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 NEER will be as set forth in paragraph substitution is permitted, other items of material or 6.05.A.2.d, as supplemented in the General equipment or material or equipment of other Suppliers Requirements and as ENGINEER may may be submitted to ENGINEER for review under the decide is appropriate under the circumstances described below. 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.doe 00700-19 FAPublic Works\ENGINEERING DIVISI0N PRCJECTS11210-Sandridge Driving Range Tee Renovation\Admimlbid documents100700-General Conditions REV 04-07.doc SmeadSoft Reprint Date:Monday,January 11,2016-09:22:06-OfficialDocuments:9069,Attachment Id 1,Page 86