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<br />
<br />1, Contractor shall submit to Engineer for
<br />acceptance (to the extent indicated in Paragraph 2.07)
<br />proposed adjustments in the Progress Schedule that will
<br />not result in changing the Contract Times, Such adjust-
<br />ments will comply with any provisions of the General Re-
<br />quirements applicable thereto.
<br />
<br />2) it will conform substantially to the
<br />detailed requirements of the item named in the
<br />Contract Documents.
<br />
<br />2. Substitute Items
<br />
<br />2. Proposed adjustments in the Progress
<br />Schedule that will change the Contract Times shall be
<br />submitted in accordance with the requirements of Article
<br />12. Adjustments in Contract Times may only be made by
<br />a Change Order.
<br />
<br />a. If in Engineer's sole discretion an item of
<br />material or equipment proposed by Contractor
<br />does not qualify as an "or-equal" item under
<br />Paragraph 6.05.A.l, it will be considered a
<br />proposed substitute item.
<br />
<br />6.05 Substitutes and "Or-Equals"
<br />
<br />b. Contractor shall submit sufficient information
<br />as provided below to allow Engineer to
<br />determine that the item of material or equipment
<br />proposed is essentially equivalent to that named
<br />and an acceptable substitute therefor, Requests
<br />for review of proposed substitute items of
<br />material or equipment will not be accepted by
<br />Engineer from anyone other than Contractor.
<br />
<br />A. Whenever an item of material or equipment is
<br />specified or described in the Contract Documents by
<br />using the name of a proprietary item or the name of a
<br />particular Supplier, the specification or description is
<br />intended to establish the type, function, appearance, and
<br />quality required. Unless the specification or description
<br />contains or is followed by words reading that no like,
<br />equivalent, or "or-equal" item or no substitution is
<br />permitted, other items of material or equipment or
<br />material or equipment of other Suppliers may be
<br />submitted to Engineer for review under the circumstances
<br />described below.
<br />
<br />c. The requirements for review by Engineer will
<br />be as set forth in Paragraph 6.05.A.2.d, as
<br />supplemented in the General Requirements and
<br />as Engineer may decide is appropriate under the
<br />circumstances.
<br />
<br />1. "Or-Equal" Items: If in Engineer's sole
<br />discretion an item of material or equipment proposed by
<br />Contractor is functionally equal to that named and
<br />sufficiently similar so that no change in related Work will
<br />be required, it may be considered by Engineer as an
<br />"or-equal" item, in which case review and approval of the
<br />proposed item may, in Engineer's sole discretion, be
<br />accomplished without compliance with some or all of the
<br />requirements for approval of proposed substitute items,
<br />For the purposes of this Paragraph 6.05.A,I, a proposed
<br />item of material or equipment will be considered
<br />functionally equal to an item so named if:
<br />
<br />d. Contractor shall make written application to
<br />Engineer for review of a proposed substitute item
<br />of material or equipment that Contractor seeks to
<br />furnish or use. The application:
<br />
<br />1) shall certify that the proposed substi-
<br />tute item will:
<br />
<br />a) perform adequately the functions and
<br />achieve the results called for by the
<br />general design,
<br />
<br />a. in the exercise of reasonable judgment
<br />Engineer determines that:
<br />
<br />b) be similar in substance to that
<br />specified, and
<br />
<br />1) it is at least equal in materials of
<br />construction, quality, durability, appearance,
<br />strength, and design characteristics;
<br />
<br />c) be suited to the same use as that
<br />specified;
<br />
<br />2) will state:
<br />
<br />2) it will reliably perform at least
<br />equally well the function and achieve the results
<br />imposed by the design concept of the completed
<br />Project as a functioning whole,
<br />
<br />a) the extent, if any, to which the use of
<br />the proposed substitute item will preju-
<br />dice Contractor's achievement of
<br />Substantial Completion on time;
<br />
<br />3) it has a proven record of performance
<br />and availability of responsive service; and
<br />
<br />b) whether or not use of the proposed
<br />substitute item in the Work will require
<br />a change in any of the Contract Docu-
<br />ments (or in the provisions of any other
<br />direct contract with Owner for other
<br />work on the Project) to adapt the design
<br />to the proposed substitute item; and
<br />
<br />b. Contractor certifies that, if approved and
<br />incorporated into the Work:
<br />
<br />I) there will be no increase in cost to
<br />the Owner or increase in Contract Times, and
<br />
<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
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