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<br />and incidentals necessary for the execution, testing, initial operation and completion of the Work,
<br />
<br />6.4 All materials and equipment will be new, except as otherwise provided in the Contract Documents, When special
<br />makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved,
<br />such materials shall be delivered to the site in their original packages or containers with seals unbroken and labels intact.
<br />
<br />6,5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in
<br />accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided
<br />in the Contract Documents.
<br />
<br />Materials, Equipment, Products and Substitutions:
<br />
<br />6,6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by
<br />the CONTRACTOR, The CONTRACTOR shall submit to the CITY a list of proposed materials, equipment or
<br />products, together with such samples as may be necessary for them to determine their acceptability and obtain their
<br />approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions.
<br />No request for payment for "or equal" equipment will be approved until this list has been received and approved by the
<br />CITY.
<br />
<br />6,6,1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by
<br />reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining
<br />the performance of other salient requirements, and that other products of equal capacities, quality and function shall
<br />be considered, The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment
<br />of equal substance and function for those referred to in the Contract Documents by reference to brand name or
<br />catalog number, and if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of
<br />equal substance and function to that specified, the CONSULTANT may approve its substitution and use by the
<br />CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be
<br />made by the CONTRACTOR without a change in the Contract Price or the Contract Time.
<br />
<br />6.6,2 No substitute shall be ordered or installed without the written approval of the CONSULTANT who shall
<br />be the judge of quality,
<br />
<br />6,6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for
<br />an extension of construction time, '
<br />
<br />6,6.4 Should any Work or materials, equipment or products not conform with requirements ofthe Drawings and
<br />Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and
<br />replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance
<br />of the Project. All such Work shall be done at the expense of the CONTRACTOR,
<br />
<br />6,6,5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontractor
<br />subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by
<br />the Seller. The CONTRACTOR warrants that they have good title to all materials and supplies used by them in
<br />the Work,
<br />
<br />Concerning Subcontractors:
<br />
<br />6,7 The CONTRACTOR will not employ any Subcontractor, against whom the CITY or the CONSUL T ANT may have
<br />reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by
<br />the CITY and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so.
<br />
<br />6,8 The CONTRACTOR shall be fully responsible for all acts and omissions of their Subcontractors and of persons
<br />and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them
<br />
<br />00710-9
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