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3 ) it has a proven record of performance <br /> 6 .04 Progress Schedule and availability of responsive service ; and <br /> A. Contractor shall adhere to the Progress Schedule b. Contractor certifies that, if approved and <br /> established in accordance with Paragraph 2 . 07 as it may incorporated into the Work: <br /> be adjusted from time to time as provided below. <br /> 1 ) there will be no increase in cost to the <br /> 1 . Contractor shall submit to Engineer for Owner or increase in Contract Times , and <br /> acceptance (to the extent indicated in Paragraph 2 . 07) <br /> proposed adjustments in the Progress Schedule that 2) it will conform substantially to the <br /> will not result in changing the Contract Times . Such detailed requirements of the item named in <br /> adjustments will comply with any provisions of the the Contract Documents . <br /> General Requirements applicable thereto . <br /> 2 . Substitute Items <br /> 2 . Proposed adjustments in the Progress Schedule <br /> that will change the Contract Times shall be a. If in Engineer ' s sole discretion an item of <br /> submitted in accordance with the requirements of material or equipment proposed by Contractor <br /> Article 12 . Adjustments in Contract Times may only does not qualify as an "or-equal" item under <br /> be made by a Change Order. Paragraph 6 .05 . A. 1 , it will be considered a <br /> proposed substitute item . <br /> 6 . 05 Substitutes and "Or-Equals " <br /> b . Contractor shall submit sufficient information <br /> A. Whenever an item of material or equipment is as provided below to allow Engineer to <br /> specified or described in the Contract Documents by determine that the item of material or equipment <br /> using the name of a proprietary item or the name of a proposed is essentially equivalent to that named <br /> particular Supplier, the specification or description is and an acceptable substitute therefor. Requests <br /> intended to establish the type, function, appearance, and for review of proposed substitute items of <br /> quality required. Unless the specification or description material or equipment will not be accepted by <br /> contains or is followed by words reading that no like, Engineer from anyone other than Contractor. <br /> equivalent, or "or-equal" item or no substitution is <br /> permitted, other items of material or equipment or c. The requirements for review by Engineer will <br /> material or equipment of other Suppliers may be be as set forth in Paragraph 6 . 05 .A.2 .d, as <br /> submitted to Engineer for review under the circumstances supplemented in the General Requirements and <br /> described below. as Engineer may decide is appropriate under the <br /> circumstances . <br /> 1 . "Or-Equal " Items : If in Engineer ' s sole discretion <br /> an item of material or equipment proposed by d. Contractor shall make written application to <br /> Contractor is functionally equal to that named and Engineer for review of a proposed substitute item <br /> sufficiently similar so that no change in related Work of material or equipment that Contractor seeks to <br /> will be required, it may be considered by Engineer as furnish or use . The application : <br /> an "or-equal" item, in which case review and <br /> approval of the proposed item may, in Engineer' s 1 ) shall certify that the proposed substitute <br /> sole discretion, be accomplished without compliance item will : <br /> with some or all of the requirements for approval of <br /> proposed substitute items . For the purposes of this a) perform adequately the functions <br /> Paragraph 6 . 05 .A . 1 , a proposed item of material or and achieve the results called for by the <br /> equipment will be considered functionally equal to an general design, <br /> item so named if: <br /> b) be similar in substance to that <br /> a. in the exercise of reasonable judgment specified, and <br /> Engineer determines that : <br /> c) be suited to the same use as that <br /> 1 ) it is at least equal in materials of specified; <br /> construction, quality, durability, appearance, <br /> strength, and design characteristics ; 2) will state : <br /> 2) it will reliably perform at least equally a) the extent, if any, to which the use of <br /> well the function and achieve the results the proposed substitute item will preju- <br /> imposed by the design concept of the dice Contractor' s achievement of <br /> completed Project as a functioning whole, Substantial Completion on time; <br /> EJCDC C-700 Standard General Conditions of the Construction Contract. <br /> Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> 00700 - 19 <br />