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6.04 Progress Schedule <br />A. Contractor shall adhere to the Progress Schedule <br />established in accordance with Paragraph 2.07 as it may <br />be adjusted from time to time as provided below. <br />I. Contractor shall submit to Engineer for <br />acceptance (to the extent indicated in Paragraph 2.07) <br />proposed adjustments in the Progress Schedule that <br />will not result in changing the Contract Times. Such <br />adjustments will comply with any provisions of the <br />General Requirements applicable thereto. <br />2. Proposed adjustments in the Progress Schedule <br />that will change the Contract Times shall be <br />submitted in accordance with the requirements of <br />Article 12. Adjustments in Contract Times may only <br />be made by a Change Order. <br />6.05 Substitutes and "Or -Equals" <br />A. Whenever an item of material or equipment is <br />specified or described in the Contract Documents by <br />using the name of a proprietary item or the name of a <br />particular Supplier, the specification or description is <br />intended to establish the type, function, appearance, and <br />quality required. Unless the specification or description <br />contains or is followed by words reading that no like, <br />equivalent, or "or -equal" item or no substitution is <br />permitted, other items of material or equipment or <br />material or equipment of other Suppliers may be <br />submitted to Engineer for review under the circumstances <br />described below. <br />1. "Or -Equal" Items: If in Engineer's sole discretion <br />an item of material or equipment proposed by <br />Contractor is functionally equal to that named and <br />sufficiently similar so that no change in related Work <br />will be required, it may be considered by Engineer as <br />an "or -equal" item, in which case review and <br />approval of the proposed item may, in Engineer's <br />sole discretion, be accomplished without compliance <br />with some or all of the requirements for approval of <br />proposed substitute items. For the purposes of this <br />Paragraph 6.05.A.1, a proposed item of material or <br />equipment will be considered functionally equal to an <br />item so named if. <br />a. in the exercise of reasonable judgment <br />Engineer determines that: <br />1) it is at least equal in materials of <br />construction, quality, durability, appearance, <br />strength, and design characteristics; <br />2) it will reliably perform at least equally <br />well the function and achieve the results <br />(�,�✓) imposed by the design concept of the <br />completed Project as a functioning whole, <br />3) it has a proven record of performance <br />and availability of responsive service; and <br />b. Contractor certifies that, if approved and <br />incorporated into the Work: <br />1) there will be no increase in cost to the <br />Owner or increase in Contract Times, and <br />2) it will conform substantially to the <br />detailed requirements of the item named in <br />the Contract Documents. <br />2. Substitute Items <br />a. If in Engineer's sole discretion an item of <br />material or equipment proposed by Contractor <br />does not qualify as an "or -equal" item under <br />Paragraph 6.05.A.1, it will be considered a <br />proposed substitute item. <br />b. Contractor shall submit sufficient information <br />as provided below to allow Engineer to <br />determine that the item of material or equipment <br />proposed is essentially equivalent to that named <br />and an acceptable substitute therefor. Requests <br />for review of proposed substitute items of <br />material or equipment will not be accepted by <br />Engineer from anyone other than Contractor. <br />c. The requirements for review by Engineer will <br />be as set forth in Paragraph 6.05.A.2.d, as <br />supplemented in the General Requirements and <br />as Engineer may decide is appropriate under the <br />circumstances. <br />d. Contractor shall make written application to <br />Engineer for review of a proposed substitute item <br />of material or equipment that Contractor seeks to <br />furnish or use. The application: <br />1) shall certify that the proposed substitute <br />item will: <br />a) perform adequately the functions <br />and achieve the results called for by the <br />general design, <br />b) be similar in substance to that <br />specified, and <br />c) be suited to the same use as that <br />specified; <br />2) will state: <br />a) the extent, if any, to which the use of <br />the proposed substitute item will preju- <br />dice Contractor's achievement of <br />Substantial Completion on time; <br />EJCDC C-700 Standard General Conditions of the Construction Contract. <br />Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br />00700-19 <br />