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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 "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 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 in
<br /> quality, durability, appearance , strength , and design
<br /> B . All materials and equipment incorporated into the characteristics; (ii) it will reliably perform at least
<br /> Work shall be as specified or, if not specified, shall be of good equally well the function imposed by the design
<br /> quality and new, except as otherwise provided in the Contract concept of the completed Project as a functioning
<br /> Documents. All warranties and guarantees specifically called 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 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. 1 , 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 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 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 the use of
<br /> reading that no like, equivalent, or "or-equal" item or no 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 of the
<br /> ENGINEER for review under the circumstances described proposed substitute item in the Work will require 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
<br /> 00700 General Conditions (E1CDC).doc
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<br /> I WI-02912Inch WM - Vero lake Slnecl5catlonsr00700 General Conditions (E1CDQ.doc
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