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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 />Substitute Items <br />a. If in ENGINEER's sole discretion an <br />item of material or equipment proposed by <br />CONTRACTOR does not qualify as an <br />"or -equal" item under paragraph 6.05.A.1, it <br />will be considered a proposed substitute <br />item. <br />b. CONTRACTOR shall submit suffi- <br />cient information as provided below to allow <br />ENGINEER to determine that the item of <br />material or equipment proposed is <br />essentially equivalent to that named and an <br />acceptable substitute therefor. Requests for <br />review of proposed substitute items of <br />material or equipment will not be accepted <br />by ENGINEER from anyone other than <br />CONTRACTOR. <br />c. The procedure for review by ENGI- <br />NEER will be as set forth in paragraph <br />6.05.A.2.d, as supplemented in the General <br />Requirements and as ENGINEER may <br />decide is appropriate under the <br />circumstances. <br />d. CONTRACTOR shall first make <br />written application to ENGINEER for review <br />of a proposed substitute item of material or <br />equipment that CONTRACTOR seeks to <br />furnish or use. The application shall certify <br />that the proposed substitute item will <br />perform adequately the functions and <br />achieve the results called for by the general <br />design, be similar in substance to that <br />specified, and be suited to the same use as <br />that specified. The application will state the <br />extent, if any, to which the use of the pro- <br />posed substitute item will prejudice <br />CONTRACTOR's achievement of Substan- <br />tial Completion on time, whether or not use <br />of the proposed substitute item in the Work <br />will require a change in any of the Contract <br />Documents (or in the provisions of any other <br />direct contract with OWNER for work on the <br />Project) to adapt the design to the proposed <br />substitute item and whether or not <br />incorporation or use of the proposed substi- <br />tute item in connection with the Work is sub- <br />ject to payment of any license fee or royalty. <br />All variations of the proposed substitute <br />00700 - General Conditions REV 5-10-13 <br />00700 - 19 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1506-Gifford Neighborhood 45th St Beautification Wdmin\bid documents\Master Contract Documents\00700 - General Conditions <br />REV 5-10-13.doc <br />