quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected,
protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as
otherwise may be provided in the Contract Documents.
6.04 Progress Schedule
A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be
adjusted from time to time as provided below.
1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.07) proposed
adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such
adjustments will conform generally to the progress schedule then in effect and additionally will comply with any
provisions of the General Requirements applicable thereto.
2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be
submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 12.
6.05 Substitutes and “Or-Equals”
A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the
type, function, appearance, and quality required. Unless the specification or description contains or is followed by
words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or
equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the
circumstances described below.
1. “Or-Equal” Items:
If in ENGINEER’S sole discretion an item of material or equipment proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered
by ENGINEER as an “or-equal” item, in which case review and approval of the proposed item may, in ENGINEER’s
sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed
substitute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be
considered functionally equal to an item so named if:
a. Inthe exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality,
durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the
function imposed by the design concept of the completed Project as a functioning whole, and;
b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform
substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents.
2. Substitute Items
a. If in ENGINEER’s sole discretion an item of material or equipment proposed by CONTRACTOR does not
qualify as an “or-equal” item under paragraph 6.05.A.1, it will be considered a proposed substitute item.
b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine
that the item of material or equipment proposed is essentially equivalent to that named and an acceptable
substitute therefore. Requests for review of proposed substitute items of material or equipment will not be
accepted by ENGINEER from anyone other than CONTRACTOR.
c. The procedure for review by ENGINEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in
the General Requirements and as ENGINEER may decide is appropriate under the circumstances.
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