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1 .7 PROPOSED SUBSTITUTES OR "OR -EQUAL" ITEM A. Whenever materials or equipment are indicated in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function, and quality required. If the name is followed by the words "or equal" indicating that a substitution is permitted, materials or equipment of other suppliers may be accepted if sufficient information is submitted by the CONTRACTOR to allow the ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named, subject to the following requirements: The burden of proof as to the type, function, and quality of any such substitute product, material or equipment shall be upon the CONTRACTOR. 2. The ENGINEER will be the sole judge as to the type, function, and quality of any such substitute and the Engineer's decision shall be final. 3. The ENGINEER may require the CONTRACTOR to furnish at the CONTRACTOR'S expense additional data about the proposed substitute. 4. The CITY may require the CONTRACTOR to furnish at the CONTRACTOR'S expense a special performance guarantee or other surety with respect to any substitute. 5. Acceptance by the ENGINEER of a substitute item proposed by the CONTRACTOR shall not relieve the CONTRACTOR of the responsibility for full compliance with the Contract Documents and for adequacy of the substitute. 6. The CONTRACTOR shall be responsible for resultant changes including design and construction changes and all additional costs resulting from the changes which the accepted substitution requires in the CONTRACTOR'S WORK, the WORK of its subcontractors and of other contractors, and shall effect such changes without cost to the CITY. B. The procedure for review by the ENGINEER will include the following: If the CONTRACTOR wishes to provide a substitute item, the CONTRACTOR shall a make written application to the ENGINEER for review and approval. 2. Unless otherwise provided by law or authorized in writing by the ENGINEER, the "Substitution Request Form(s)" shall be submitted within the 35-day period after award of the Contract. 3. Wherever a proposed substitute item has not been submitted within said 35-day period, or wherever the submission of a proposed substitute material or equipment has been judged to be unacceptable by the ENGINEER, the CONTRACTOR shall provide the material or equipment indicated in the Contract Documents. City of Santa Ana Products, Materials, Equipment Security Management System Project and Substitutions SantaAna_SMS_01600 Page 01600-3