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ments. CONTRACTOR shall at all times maintain ly will comply with any provisions of the General
<br /> good discipline and order at the Site. Requirements applicable thereto.
<br /> B. Except as otherwise required for the safety or 2. Proposed adjustments in the
<br /> protection of persons or the Work or property at the progress schedule that will change the Contract
<br /> Site or adjacent thereto, and except as otherwise Times (or Milestones) shall be submitted in
<br /> stated in the Contract Documents, all Work at the Site accordance with the requirements of Article 12.
<br /> shall be performed during regular working hours, and Such adjustments may only be made by a
<br /> CONTRACTOR will not permit overtime work or the Change Order or Written Amendment in accor-
<br /> performance of Work on Saturday, Sunday, or any dance with Article 12.
<br /> legal holiday without OWNER's written consent(which
<br /> will not be unreasonably withheld) given after prior 6.05 Substitutes and"Or-Equals"
<br /> written notice to ENGINEER.
<br /> A. Whenever an item of material or equipment is
<br /> specified or described in the Contract Documents by
<br /> 6.03 Services, Materials, and Equipment using the name of a proprietary item or the name of a
<br /> particular Supplier, the specification or description is
<br /> A. Unless otherwise specified in the General Re- intended to establish the type, function, appearance,
<br /> quirements, CONTRACTOR shall provide and and quality required. Unless the specification or
<br /> assume full responsibility for all services, materials, description contains or is followed by words reading
<br /> equipment, labor, transportation, construction that no like, equivalent, or "or-equal" item or no
<br /> equipment and machinery, tools, appliances, fuel, substitution is permitted, other items of material or
<br /> power, light, heat, telephone, water, sanitary facilities, equipment or material or equipment of other Suppliers
<br /> temporary facilities, and all other facilities and may be submitted to ENGINEER for review under the
<br /> incidentals necessary for the performance, testing, circumstances described below.
<br /> start-up, and completion of the Work.
<br /> 1. "Or-Equal" Items: If in ENGINEER's
<br /> B. All materials and equipment incorporated into sole discretion an item of material or equipment
<br /> the Work shall be as specified or, if not specified, shall proposed by CONTRACTOR is functionally
<br /> be of good quality and new, except as otherwise equal to that named and sufficiently similar so
<br /> provided in the Contract Documents. All warranties that no change in related Work will be required,
<br /> and guarantees specifically called for by the Specifica- it may be considered by ENGINEER as an
<br /> tions shall expressly run to the benefit of OWNER. If "or-equal" item, in which case review and
<br /> required by ENGINEER, CONTRACTOR shall furnish approval of the proposed item may, in
<br /> satisfactory evidence (including reports of required ENGINEER's sole discretion, be accomplished
<br /> tests) as to the source, kind, and quality of materials without compliance with some or all of the
<br /> and equipment. All materials and equipment shall be requirements for approval of proposed substi-
<br /> stored, applied, installed, connected, erected, tute items. For the purposes of this paragraph
<br /> protected, used, cleaned, and conditioned in 6.05.A.1, a proposed item of material or
<br /> accordance with instructions of the applicable equipment will be considered functionally equal
<br /> Supplier, except as otherwise may be provided in the to an item so named if:
<br /> Contract Documents.
<br /> a. in the exercise of reasonable
<br /> 6.04 Progress Schedule judgment ENGINEER determines that: (i) it
<br /> is at least equal in quality, durability,
<br /> A. CONTRACTOR shall adhere to the progress appearance, strength, and design
<br /> schedule established in accordance with paragraph characteristics; (ii) it will reliably perform at
<br /> 2.07 as it may be adjusted from time to time as least equally well the function imposed by
<br /> provided below. the design concept of the completed Project
<br /> as a functioning whole, and;
<br /> 1. CONTRACTOR shall submit to
<br /> ENGINEER for acceptance (to the extent indi- b. CONTRACTOR certifies that: (i)
<br /> cated in paragraph 2.07) proposed adjustments there is no increase in cost to the OWNER;
<br /> in the progress schedule that will not result in and (ii) it will conform substantially, even
<br /> changing the Contract Times (or Milestones). with deviations, to the detailed requirements
<br /> Such adjustments will conform generally to the of the item named in the Contract
<br /> progress schedule then in effect and additional- Documents.
<br /> 00700-General Conditions REV 04-07.doc
<br /> 00700-19
<br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\1306 Oslo Road(E of 15th Ave SW)Pipe Culvert Improvement\Admim\bid documents\00700-General Conditions REV 04-07.doc
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