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incorporated in the Work must be approved for use before being purchased by the Contractor The Contractor shall submit to the City and its Consultant a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by the City and its Consultant. 5.16.7. Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the performance of other salient requirements, and that other product? of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of the City and its Consultant, such material, article, or piece of equipment is of equal substance and function to that specified, the City and its Consultant may approve its substitution and use by the Contractor. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the Contract Price or the Contract Time. 5.16.8. No substitute shall be ordered or installed without the written approval of the City and its Consultant who shall be the judge of quality. 5.16.9. Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 5.16.10.should any Work or materials, equipment or products not conform with requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work shall be done at the expense of the Contractor. 5.16.11.No materials or supplies for the Work shall be purchased by the Contractor or any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. The Contractor warrants that they have good title to all materials and supplies used by them in the Work. 5.16.12.The Contractor will not employ any Sub-Contractor, against whom the City may have reasonable objection, nor will the Contractor be required to employ any Sub-Contractor who has been accepted by the City, unless the City determines that there is good cause for doing so. 5.16.13.The Contractor shall be fully responsible for all acts and omissions of their Sub-Contractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relationship between City or Contractor and any Sub-Contractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of City to payor to see to payment of any persons due any Sub-Contractor or other person or organization, except as may otherwise be required by law. City may furnish to any Sub-Contractor or other person or organization, to the extent practicable, evidence of amounts paid to the Contractor on account of specified Work done in accordance with the schedule values. PAGE 18 OF 130 BID No. 08-10-01