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ments. CONTRACTOR shall at all times maintain <br />good discipline and order at the Site. <br />B. Except as otherwise required for the safety or <br />protection of persons or the Work or property at the <br />Site or adjacent thereto, and except as otherwise <br />stated in the Contract Documents, all Work at the Site <br />shall be performed during regular working hours, and <br />CONTRACTOR will not permit overtime work or the <br />performance of Work on Saturday, Sunday, or any <br />legal holiday without OWNER's written consent (which <br />will not be unreasonably withheld) given after prior <br />written notice to ENGINEER. <br />6.03 Services, Materials, and Equipment <br />A. Unless otherwise specified in the General Re- <br />quirements, CONTRACTOR shall provide and <br />assume full responsibility for all services, materials, <br />equipment, labor, transportation, construction <br />equipment and machinery, tools, appliances, fuel, <br />power, light, heat, telephone, water, sanitary facilities, <br />temporary facilities, and all other facilities and <br />incidentals necessary for the performance, testing, <br />start-up, and completion of the Work. <br />B. All materials and equipment incorporated into <br />the Work shall be as specified or, if not specified, shall <br />be of good quality and new, except as otherwise <br />provided in the Contract Documents. All warranties <br />and guarantees specifically called for by the Specifica- <br />tions shall expressly run to the benefit of OWNER. If <br />required by ENGINEER, CONTRACTOR shall furnish <br />satisfactory evidence (including reports of required <br />tests) as to the source, kind, and quality of materials <br />and equipment. All materials and equipment shall be <br />stored, applied, installed, connected, erected, <br />protected, used, cleaned, and conditioned in <br />accordance with instructions of the applicable <br />Supplier, except as otherwise may be provided in the <br />Contract Documents. <br />6.04 Progress Schedule <br />A. CONTRACTOR shall adhere to the progress <br />schedule established in accordance with paragraph <br />2.07 as it may be adjusted from time to time as <br />provided below. <br />1. CONTRACTOR shall submit to <br />ENGINEER for acceptance (to the extent indi- <br />cated in paragraph 2.07) proposed adjustments <br />in the progress schedule that will not result in <br />changing the Contract Times (or Milestones). <br />Such adjustments will conform generally to the <br />progress schedule then in effect and additional- <br />ly will comply with any provisions of the General <br />Requirements applicable thereto. <br />2. Proposed adjustments in the <br />progress schedule that will change the Contract <br />Times (or Milestones) shall be submitted in <br />accordance with the requirements of Article 12. <br />Such adjustments may only be made by a <br />Change Order or Written Amendment in accor- <br />dance with Article 12. <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, <br />and quality required. Unless the specification or <br />description contains or is followed by words reading <br />that no like, equivalent, or "or -equal" item or no <br />substitution is permitted, other items of material or <br />equipment or material or equipment of other Suppliers <br />may be submitted to ENGINEER for review under the <br />circumstances described below. <br />1. "Or -Equal" Items: If in ENGINEER's <br />sole discretion an item of material or equipment <br />proposed by CONTRACTOR is functionally <br />equal to that named and sufficiently similar so <br />that no change in related Work will be required, <br />it may be considered by ENGINEER as an <br />"or -equal" item, in which case review and <br />approval of the proposed item may, in <br />ENGINEER's sole discretion, be accomplished <br />without compliance with some or all of the <br />requirements for approval of proposed substi- <br />tute items. For the purposes of this paragraph <br />6.05.A.1, a proposed item of material or <br />equipment will be considered functionally equal <br />to an item so named if: <br />a. in the exercise of reasonable <br />judgment ENGINEER determines that: (i) it <br />is at least equal in quality, durability, <br />appearance, strength, and design <br />characteristics; (ii) it will reliably perform at <br />least equally well the function imposed by <br />the design concept of the completed Project <br />as a functioning whole, and; <br />b. CONTRACTOR certifies that: (i) <br />there is no increase in cost to the OWNER; <br />and (ii) it will conform substantially, even <br />with deviations, to the detailed requirements <br />of the item named in the Contract <br />Documents. <br />00700 - General Conditions REV 5-10-13 <br />00700 - 19 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1413-Martin Luther King Walking Trail'Admin\bid documents\Master Contract Documents\00700 - General Conditions REV 5-10- <br />13.doc <br />