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t1 . CONTRACTOR shall submit to the design concept of the completed Project ENGINEER for acceptance (to the extent indi- as a functioning whole, and ; ' cated in paragraph 2 . 07 ) proposed adjustments in the progress schedule that will not result in b . CONTRACTOR certifies that: (i ) changing the Contract Times (or Milestones ) . there is no increase in cost to the OWNER; Such adjustments will conform generally to the and (ii) it will conform substantially, even progress schedule then in effect and additional- with deviations , to the detailed requirements ly will comply with any provisions of the General of the item named in the Contract Requirements applicable thereto . Documents . ' 2 . Proposed adjustments in the 2 . Substitute Items progress schedule that will change the Contract Times (or Milestones ) shall be submitted in a . If in ENGINEER's sole discretion an ' accordance with the requirements of Article 12 , item of material or equipment proposed by Such adjustments may only be made by a CONTRACTOR does not qualify as an Change Order or Written Amendment in accor- "or-equal" item under paragraph 6 .05 .A. 1 , it ' dance with Article 12 . will be considered a proposed substitute item . 6 . 05 Substitutes and "Or-Equals " b . CONTRACTOR shall submit suffi- A. Whenever an item of material or equipment is cient information as provided below to allow specified or described in the Contract Documents by ENGINEER to determine that the item of using the name of a proprietary item or the name of a material or equipment proposed is particular Supplier, the specification or description is essentially equivalent to that named and an intended to establish the type , function , appearance , acceptable substitute therefor. Requests for and quality required . Unless the specification or review of proposed substitute items of description contains or is followed by words reading material or equipment will not be accepted that no like , equivalent, or "or-equal" item or no by ENGINEER from anyone other than substitution is permitted , other items of material or CONTRACTOR. equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the c. The procedure for review by ENGI- circumstances described below. NEER will be as set forth in paragraph 6 .05 .A.2 . d , as supplemented in the General 1 . "Or-Equal" Items: If in ENGINEER's Requirements and as ENGINEER may ' sole discretion an item of material or equipment decide is appropriate under the proposed by CONTRACTOR is functionally circumstances . equal to that named and sufficiently similar so that no change in related Work will be required , d . CONTRACTOR shall first make it may be considered by ENGINEER as an written application to ENGINEER for review "or-equal" item , in which case review and of a proposed substitute item of material or approval of the proposed item may, in equipment that CONTRACTOR seeks to ' ENGINEER's sole discretion , be accomplished furnish or use . The application shall certify without compliance with some or all of the that the proposed substitute item will requirements for approval of proposed substi- perform adequately the functions and tute items . For the purposes of this paragraph achieve the results called for by the general 6 .05 .A. 1 , a proposed item of material or design , be similar in substance to that equipment will be considered functionally equal specified , and be suited to the same use as to an item so named if: that specified . The application will state the extent, if any, to which the use of the pro- a , in the exercise of reasonable posed substitute item will prejudice judgment ENGINEER determines that: (i ) it CONTRACTOR's achievement of Substan- is at least equal in quality, durability, tial Completion on time , whether or not use appearance , strength , and design of the proposed substitute item in the Work characteristics ; (ii ) it will reliably perform at will require a change in any of the Contract least equally well the function imposed by Documents (or in the provisions of any other direct contract with OWNER for work on the 00700-21 0386- 00700 - General Conditions F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc