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tsufficiently similar so that no change in related Work will
<br /> be required , it may be considered by ENGINEER as an
<br /> 6. 03 Services, Materials, and Equipment "or-equal" item, in which case review and approval of
<br /> the proposed item may, in ENGINEER's sole discretion,
<br /> A. Unless otherwise specified in the General Re- be accomplished without compliance with some or all of
<br /> quirements, CONTRACTOR shall provide and assume full the requirements for approval of proposed substitute
<br /> responsibility for all services , materials , equipment, labor, items . For the purposes of this paragraph
<br />6.05.A. 1 , a
<br /> ' transportation, construction equipment and machinery, tools , proposed item of material or equipment will be
<br /> appliances , fuel, power, light, heat, telephone, water, sanitary considered functionally equal to an item so named if:
<br /> facilities, temporary facilities, and all other facilities and
<br /> incidentals necessary for the performance, testing , start-up, and a . in the exercise of reasonable judgment
<br /> completion of the Work. ENGINEER determines that: (i ) it is at least equal
<br /> in quality, durability, appearance, strength, and
<br /> B. All materials and equipment incorporated into the design characteristics ; (ii ) it will reliably perform
<br /> at
<br /> Work shall be as specified or, if not specified, shall be of good least equally well the function imposed
<br /> by the
<br /> quality and new, except as otherwise provided in the Contract design concept of the completed Project as
<br /> a
<br /> Documents. All warranties and guarantees specifically called functioning whole, and ;
<br /> for by the Specifications shall expressly run to the benefit of
<br /> OWNER. If required by ENGINEER, CONTRACTOR shall b. CONTRACTOR certifies that: (i ) there is no
<br /> furnish satisfactory evidence (including reports of required tests ) increase in cost to the OWNER; and (ii) it will
<br /> as to the source, kind , and quality of materials and equipment. conform substantially, even with deviations , to the
<br /> All materials and equipment shall be stored, applied , installed, detailed requirements of the item named in
<br /> the
<br /> connected, erected, protected, used, cleaned, and conditioned Contract Documents.
<br /> in accordance with instructions of the applicable Supplier,
<br /> ' except as otherwise may be provided in the Contract Docu- 2. Substitute Items
<br /> ments.
<br /> a . If in ENGINEER's sole discretion an item of
<br /> 6. 04 Progress Schedule material or equipment proposed by CONTRACTOR
<br /> does not qualify as an "or-equal" item under
<br /> A. CONTRACTOR shall adhere to the progress paragraph 6.05.A. 11 it will be considered a proposed
<br /> schedule established in accordance with paragraph 2. 07 as it substitute item.
<br /> may be adjusted from time to time as provided below.
<br /> ' b. CONTRACTOR shall submit sufficient infor-
<br /> 1 . CONTRACTOR shall submit to ENGINEER for mation as provided below to allow ENGINEER to
<br /> acceptance (to the extent indicated in paragraph 2.07) determine that the item of material or equipment
<br /> proposed adjustments in the progress schedule that will proposed is essentially equivalent to that named
<br /> not result in changing the Contract Times (or and an acceptable substitute therefore. Requests
<br /> Milestones ). Such adjustments will conform generally to for review of proposed substitute items of material
<br /> the progress schedule then in effect and additionally will or equipment will not be accepted by ENGINEER
<br /> comply with any provisions of the General Re- from anyone other than CONTRACTOR.
<br /> quirements applicable thereto.
<br /> c. The procedure for review by ENGINEER
<br /> 2. Proposed adjustments in the progress schedule will be as set forth in paragraph 6.05.A. 2.d, as
<br /> that will change the Contract Times (or Milestones) shall supplemented in the General Requirements and as
<br /> ' be submitted in accordance with the requirements of ENGINEER may decide is appropriate under the
<br /> Article 12. Such adjustments may only be made by a circumstances.
<br /> Change Order or Written Amendment in accordance
<br /> with Article 12. d . CONTRACTOR shall first make written
<br /> application to ENGINEER for review of a proposed
<br /> 6. 05 Substitutes and "Or-Equals" substitute item of material or equipment that
<br /> CONTRACTOR seeks to furnish or use. The
<br /> A. Whenever an item of material or equipment is application shall certify that the proposed substitute
<br /> specified or described in the Contract Documents by using the item will perform adequately the functions
<br /> and
<br /> name of a proprietary item or the name of a particular Supplier, achieve the results called for by the general design ,
<br /> the specification or description is intended to establish the type, be similar in substance to that specified , and
<br /> be
<br /> function , appearance, and quality required . Unless the suited to the same use as that specified . The appli-
<br /> specification or description contains or is followed by words cation will state the extent, if any, to which
<br /> the use
<br /> reading that no like, equivalent, or "or-equal" item or no of the proposed substitute item will prejudice
<br /> substitution is permitted , other items of material or equipment or CONTRACTOR's achievement of Substantial
<br /> material or equipment of other Suppliers may be submitted to Completion on time, whether or not use
<br />of the
<br /> ENGINEER for review under the circumstances described proposed substitute item in the Work will require
<br /> a
<br /> below. change in any of the Contract Documents (or in the
<br /> provisions of any other direct contract with OWNER
<br /> 1 . "Or-Equal" Items: If in ENGINEER's sole discre- for work on the Project) to adapt the design to the
<br /> tion an item of material or equipment proposed by CON- proposed substitute item and whether or not
<br /> TRACTOR is functionally equal to that named and incorporation or use of the proposed substitute item
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