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<br />equipment proposed is equivalent to that named. The procedure for review by <br />Project Manager will be as set forth in sections 6.5.2 below as supplemented in the <br />General Requirements. <br />6.5.2 Requests for review of substitute items of material and equipment will not be <br />accepted by Project Manager from anyone other than Contractor. If Contractor <br />wishes to furnish or use a substitute item of material or equipment, Contractor shall <br />make written application to Project Manager for acceptance thereof, certifying that <br />the proposed substitute will perform adequately the functions called for by the <br />general design, be similar and of equal substance to that specified and be suited to <br />the same use and capable of performing the same function as that specified. The <br />application will state whether or not acceptance of the substitute for use in the Work <br />will require a change in the Drawings or Specifications to adapt the design to the <br />substitute and whether or not incorporation or use of the substitute in connection <br />with the Work is subject to payment of any license fee or royalty. All variations of <br />the proposed substitute from that specified shall be identified in the application and <br />available maintenance, repair and replacement service will be indicated. The <br />application will also contain an itemized estimate of all costs that will result directly <br />or indirectly from acceptance of such substitute, including costs of redesign and <br />claims of other Contractors affected by the resulting change, all of which shall be <br />considered by Project Manager in evaluating the proposed substitute. Project <br />Manager may require Contractor to furnish at Contractor's expense additional data <br />about the proposed substitute. Project Manager will be the sole judge of <br />acceptability, and no substitute will be ordered or installed without Project <br />Manager's prior written acceptance. City may require Contractor to furnish at <br />Contractor's expense a special performance guarantee or other surety with respect <br />to any substitute. <br />6.6 Disposal of Demolished Materials <br />6.6.1 Waste material is defined as all material from demolition or other source that is <br />unsuitable to, or in excess of the needs of the work, or material that is designated <br />for removal and disposal off of City property. All waste materials shall become the <br />property of the Contractor. Materials containing substances classified as hazardous, <br />potentially hazardous, infectious, toxic or dangerous under applicable Local, State <br />and/or Federal regulations which shall be handled and disposed of as directed by <br />applicable regulations, the Detailed Scope of Work and/or the Contract Documents. <br />Proof of proper disposal of substances classified as hazardous, potentially <br />hazardous, infectious, toxic or dangerous are required by the City. <br />6.6.2 The Contractor is solely responsible for the lawful managing and disposal of waste <br />material and shall indemnify, defend and hold the City harmless from all liability, <br />damages, claims, lawsuits, penalties and expenses, whether direct, indirect or <br />consequential including but not limited to attorney's and consultant's fees and <br />other expenses of litigation or arbitration arising from or in any way connected <br />with, the demolition, removal or disposal of materials, except as specified for <br />hazardous materials.