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<br />equipment, labor, transportation, construction
<br />equipment and machinery, tools, appliances, fuel,
<br />power, light, heat, telephone, water, sanitary
<br />facilities, temporary facilities, and all other facilities
<br />and incidentals necessary for the performance,
<br />testing, start-up, and completion of the Work,
<br />
<br />B. All materials and equipment incorporated
<br />into the Work shall be as specified or, if not
<br />specified, shall be of good quality and new, except
<br />as otherwise provided in the Contract Documents.
<br />All special warranties and guarantees required by
<br />the Specifications shall expressly run to the benefit
<br />of Owner. If required by Engineer, Contractor shall
<br />furnish satisfactory evidence (including reports of
<br />required tests) as to the source, kind, and quality of
<br />materials and equipment.
<br />
<br />C. All materials and equipment shall be
<br />stored, applied, installed, connected, erected,
<br />protected, used, cleaned, and conditioned in
<br />accordance with instructions of the applicable
<br />Supplier, except as otherwise may be provided in
<br />the Contract Documents.
<br />
<br />6.04 Progress Schedule
<br />
<br />A. Contractor shall adhere to the Progress
<br />Schedule established in accordance with Paragraph
<br />2.07 as it may be adjusted from time to time as
<br />provided below.
<br />
<br />1. Contractor shall submit to Engineer for
<br />acceptance (to the extent indicated in Paragraph
<br />2.07) proposed adjustments in the Progress
<br />Schedule that will not result in changing the Contract
<br />Times. Such adjustments will comply with any provi-
<br />sions of the General Requirements applicable there-
<br />to,
<br />
<br />2. Proposed adjustments in the Progress
<br />Schedule that will change the Contract Times shall
<br />be submitted in accordance with the requirements of
<br />Article 12. Adjustments in Contract Times may only
<br />be made by a Change Order.
<br />
<br />6.05 Substitutes and "Or-Equals"
<br />
<br />A. Whenever an item of material or equip-
<br />ment is specified or described in the Contract Docu-
<br />ments by using the name of a proprietary item or the
<br />name of a particular Supplier, the specification or
<br />description is intended to establish the type, func-
<br />tion, appearance, and quality required. Unless the
<br />specification or description contains or is followed by
<br />words reading that no like, equivalent, or "or-equal"
<br />item or no substitution is permitted, other items of
<br />material or equipment or material or equipment of
<br />
<br />other Suppliers may be submitted to Engineer for
<br />review under the circumstances described below.
<br />
<br />1. "Or-Equal" /terns: If in Engineer's sole
<br />discretion an item of material or equipment proposed
<br />by Contractor is functionally equal to that named and
<br />sufficiently similar so that no change in related Work
<br />will be required, it may be considered by Engineer
<br />as an "or-equal" item, in which case review and
<br />approval of the proposed item may, in Engineer's
<br />sole discretion, be accomplished without compliance
<br />with some or all of the requirements for approval of
<br />proposed substitute items. For the purposes of this
<br />Paragraph 6.05.A.1, a proposed item of material or
<br />equipment will be considered functionally equal to
<br />an item so named if:
<br />
<br />a. in the exercise of reasonable judgment
<br />Engineer determines that:
<br />
<br />1) it is at least equal in materials of
<br />construction, quality, durability, appearance,
<br />strength, and design characteristics;
<br />
<br />2) it will reliably perform at least
<br />equally well the function and achieve the
<br />results imposed by the design concept of the
<br />completed Project as a functioning whole,
<br />
<br />3) it has a proven record of
<br />performance and availability of responsive
<br />service; and
<br />
<br />b. Contractor certifies that, if approved and
<br />incorporated into the Work:
<br />
<br />1) there will be no increase in cost
<br />to the Owner or increase in Contract Times,
<br />and
<br />
<br />2) it will conform substantially to the
<br />detailed requirements of the item named in
<br />the Contract Documents.
<br />
<br />2. Substitute Items
<br />
<br />a. If in Engineer's sole discretion an item of
<br />material or equipment proposed by
<br />Contractor does not qualify as an "or-equal"
<br />item under Paragraph 6.05.A.1, it will be
<br />considered a proposed substitute item.
<br />
<br />b. Contractor shall submit sufficient informa-
<br />tion as provided below to allow Engineer to
<br />determine that the item of material or
<br />equipment proposed is essentially equiva-
<br />lent to that named and an acceptable
<br />substitute therefor. Requests for review of
<br />proposed substitute items of material or
<br />
<br />EJCDC C-700 Standard Gencral Conditions of the Construction Contract.
<br />Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 20
<br />
<br />Final Version 01/07
<br />
<br />03-4197
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