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tendent thereto who shall not be replaced without written notice comply with any provisions of the General Re-
<br /> to OWNER and ENGINEER except under extraordinary quirements applicable thereto.
<br /> circumstances . The superintendent will be CONTRACTOR's
<br /> representative at the Site and shall have authority to act on 2. Proposed adjustments in the progress schedule
<br /> behalf of CONTRACTOR. All communications given to or that will change the Contract Times (or Milestones ) shall
<br /> received from the superintendent shall be binding on be submitted in accordance with the requirements of
<br /> CONTRACTOR. Article 12. Such adjustments may only be made by a
<br /> Change Order or Written Amendment in accordance
<br /> 6. 02 Labor; Working Hours(tc In "6. 02 Labor; with Article 12.
<br /> Working Hours '
<br /> 6 . 05 Substitutes and "Or-Equals"ftc In "6. 05
<br /> A. CONTRACTOR shall provide competent, suitably Substitutes and "Or-Equals")
<br /> qualified personnel to survey, lay out, and construct the Work
<br /> as required by the Contract Documents. CONTRACTOR shall A. Whenever an item of material or equipment Is
<br /> at all times maintain good discipline and order at the Site. specified or described in the Contract Documents by using the
<br /> name of a proprietary item or the name of a particular Supplier,
<br /> B. Except as otherwise required for the safety or the specification or description is Intended to establish
<br /> the type,
<br /> protection of persons or the Work or property at the Site or function, appearance, and quality required. Unless the
<br /> adjacent thereto, and except as otherwise stated in the Contract specification or description contains or is followed by words
<br /> Documents, all Work at the Site shall be performed during reading that no like, equivalent, or "or-equal"
<br /> item or no
<br /> regular working hours, and CONTRACTOR will not permit substitution is permitted, other items of material or equipment or
<br /> overtime work or the performance of Work on Saturday, material or equipment of other Suppliers may be submitted
<br /> to
<br /> Sunday, or any legal holiday without OWNER's written consent ENGINEER for review under the circumstances described
<br /> (which will not be unreasonably withheld) given after prior below,
<br /> written notice to ENGINEER.
<br /> 1 . Vr-Equal" Items: If in ENGINEER's sole discre-
<br /> tion an item of material or equipment proposed by CON-
<br /> 6. 03 Services, Materials, andEquipment(tc 0 "6. 03 TRACTOR is functionally equal to that named and
<br /> Services, Materials, and Equipment') sufficiently similar so that no change In related Work will
<br /> be required, it may be considered by ENGINEER as an
<br /> A. Unless otherwise specified in the General Re- "or-equal" item, in which case review and approval of
<br /> quirements , CONTRACTOR shall provide and assume full the proposed item may, in ENGINEER's sole discretion,
<br /> responsibility for all services, materials, equipment, labor, be accomplished without compliance with some or all
<br /> of
<br /> transportation, construction equipment and machinery, tools , the requirements for approval of proposed substitute
<br /> appliances, fuel, power, light, heat, telephone, water, sanitary items . For the purposes of this paragraph 6. 05.A. 1 ,
<br /> a
<br /> facilities, temporary facilities, and all other facilities and proposed item of material or equipment will be
<br /> incidentals necessary for the performance, testing, start-up, and considered functionally equal to an item so named if:
<br /> completion of the Work,
<br /> a. in the exercise of reasonable judgment
<br /> B. All materials and equipment incorporated into the ENGINEER determines that: (1) it is at least equal
<br /> Work shall be as specified or, if not specified, shall be of good in quality, durability, appearance, strength,
<br /> and
<br /> quality and new, except as otherwise provided in the Contract design characteristics; (ii) it will reliably perform at
<br /> Documents. All warranties and guarantees specifically called least equally well the function imposed by
<br /> the
<br /> for by the Specifications shall expressly run to the benefit of design concept of the completed Project
<br /> as a
<br /> OWNER. If required by ENGINEER, CONTRACTOR shall functioning whole, and;
<br /> furnish satisfactory evidence (including reports of required tests)
<br /> as to the source, kind, and quality of materials and equipment. b. CONTRACTOR certifies that: (i) there is no
<br /> All materials and equipment shall be stored , applied, Installed, increase in cost to the OWNER; and (ii) It
<br /> will
<br /> connected, erected, protected, used, cleaned , and conditioned conform substantially, even with deviations, to the
<br /> In accordance with Instructions of the applicable Supplier, detailed requirements of the Item named
<br /> in the
<br /> except as otherwise may be provided in the Contract Docu- Contract Documents .
<br /> ments.
<br /> 6. 04 Progress Scheduleftc In 76. 04 Progress 2, Substitute Items
<br /> Schedule 's a. If in ENGINEER's sole discretion an item of
<br /> material or equipment proposed by CONTRACTOR
<br /> A. CONTRACTOR shall adhere to the progress does not qualify as an "or-equal" Item under
<br /> schedule established in accordance with paragraph 2, 07 as it paragraph 6.05.A. 1 , it will be considered a proposed
<br /> may be adjusted from time to time as provided below, substitute item.
<br /> 1 . CONTRACTOR shall submit to ENGINEER for b. CONTRACTOR shall submit sufficient infor-
<br /> acceptance (to the extent indicated in paragraph 2. 07) mation as provided below to allow ENGINEER to
<br /> proposed adjustments in the progress schedule that will determine that the item of material or equipment
<br /> not result in changing the Contract Times (or proposed is essentially equivalent to that named
<br /> Milestones ). Such adjustments will conform generally to and an acceptable substitute therefore. Requests
<br /> the progress schedule then in effect and additionally will for review of proposed substitute items of material
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