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sufficiently 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
<br />"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-
<br />be accomplished without compliance with some or all of
<br />quirements, CONTRACTOR shall provide and assume full
<br />the requirements for approval of proposed substitute
<br />responsibility for all services, materials, equipment, labor,
<br />items. For the purposes of this paragraph 6.05.A.1, a
<br />transportation, construction equipment and machinery, tools,
<br />proposed item of material or equipment will be
<br />appliances, fuel, power, light, heat, telephone, water, sanitary
<br />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
<br />a. in the exercise of reasonable judgment
<br />completion of the Work.
<br />ENGINEER determines that: (i) it is at least equal in
<br />quality, durability, appearance, strength, and design
<br />B. All materials and equipment incorporated into the
<br />characteristics; (ii) it will reliably perform at least
<br />Work shall be as specified or, if not specified, shall be of good
<br />equally well the function imposed by the design
<br />quality and new, except as otherwise provided in the Contract
<br />concept of the completed Project as a functioning
<br />Documents. All warranties and guarantees specifically called
<br />whole, and;
<br />for by the Specifications shall expressly run to the benefit of
<br />OWNER. If required by ENGINEER, CONTRACTOR shall
<br />b. CONTRACTOR certifies that: (i) there is no
<br />furnish satisfactory evidence (including reports of required tests)
<br />increase in cost to the OWNER; and (ii) it will
<br />as to the source, kind, and quality of materials and equipment.
<br />conform substantially, even with deviations, to the
<br />All materials and equipment shall be stored, applied, installed,
<br />detailed requirements of the item named in the
<br />connected, erected, protected, used, cleaned, and conditioned
<br />Contract Documents.
<br />in accordance with instructions of the applicable Supplier,
<br />except as otherwise may be provided in the Contract Docu-
<br />2.Substitute Items
<br />ments.
<br />a. If in ENGINEER's sole discretion an item of
<br />6.04 Progress Schedule
<br />material or equipment proposed by CONTRACTOR
<br />does not qualify as an "or -equal" item under
<br />A. CONTRACTOR shall adhere to the progress
<br />paragraph 6.05.A.1, it will be considered a proposed
<br />schedule established in accordance with paragraph 2.07 as it
<br />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
<br />mation as provided below to allow ENGINEER to
<br />acceptance (to the extent indicated in paragraph 2.07)
<br />determine that the item of material or equipment
<br />proposed adjustments in the progress schedule that will
<br />proposed is essentially equivalent to that named
<br />not result in changing the Contract Times (or
<br />and an acceptable substitute therefore. Requests
<br />Milestones). Such adjustments will conform generally to
<br />for review of proposed substitute items of material
<br />the progress schedule then in effect and additionally will
<br />or equipment will not be accepted by ENGINEER
<br />comply with any provisions of the General Re-
<br />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
<br />will be as set -forth in paragraph 6.05.A.2.d, as
<br />that will change the Contract Times (or Milestones) shall
<br />supplemented in the General Requirements and as
<br />be submitted in accordance with the requirements of
<br />ENGINEER may decide is appropriate under the
<br />Article 12. Such adjustments may only be made by a
<br />circumstances.
<br />Change Order or Written Amendment in accordance
<br />with Article 12.
<br />d. CONTRACTOR shall first make written
<br />application to ENGINEER for review of a proposed
<br />6.05 Substitutes and "Or -Equals"
<br />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
<br />application shall certify that the proposed substitute
<br />specified or described in the Contract Documents by using the
<br />item will perform adequately the functions and
<br />name of a proprietary item or the name of a particular Supplier,
<br />achieve the results called for by the general design,
<br />the specification or description is intended to establish the type,
<br />be similar in substance to that specified, and be
<br />function, appearance, and quality required. Unless the
<br />suited to the same use as that specified. The appli-
<br />specification or description contains or is followed by words
<br />cation will state the extent, if any, to which the use of
<br />reading that no like, equivalent, or "or -equal" item or no
<br />the proposed substitute item will prejudice
<br />substitution is permitted, other items of material or equipment or
<br />CONTRACTOR's achievement of Substantial
<br />material or equipment of other Suppliers may be submitted to
<br />Completion on time, whether or not use of the
<br />ENGINEER for review under the circumstances described
<br />proposed substitute item in the Work will require a
<br />below.
<br />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-
<br />for work on the Project) to adapt the design to the
<br />tion an item of material or equipment proposed by CON-
<br />proposed substitute item and whether or not
<br />TRACTOR is functionally equal to that named and
<br />incorporation or use of the proposed substitute item
<br />00700 General Conditions (E1CDC).doc
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<br />I WI-02912Inch WM - Vero lake Slnecl5catlonsr00700 General Conditions
<br />(E1CDQ.doc
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