Common use of Trade Names and Alternatives Clause in Contracts

Trade Names and Alternatives. ‌ For convenience in designation on the Plans or in the Special Provisions, certain articles or materials to be incorporated in the Work may be designated under a trade name of a manufacturer and its catalog information. The use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements: A. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and he shall furnish all information necessary as required by the City Engineer. The City Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials, and his decision shall be final. B. Whenever the Special Provisions permit the substitution of a similar or equivalent material or article, no tests or action relating to the approval of such substitute material will be made until the request for substitution is made in writing by the Contractor, accompanied by complete data as to the equality of the material or article proposed. Such request shall be made within thirty- five (35) days from the date of the Notice to Proceed and shall be made in ample time to permit approval without delaying the work.

Trade Names and Alternatives. ‌ For convenience in designation on the Plans or in the Special ProvisionsSpecifications, certain articles or materials to be incorporated in the Work may be are designated under a trade name or the name of a manufacturer and its catalog his catalogue information. The use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements: A. : The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and he CONTRACTOR who shall furnish all information necessary as required by the City EngineerENGINEER. The City Engineer ENGINEER shall be the sole judge as to the quality and suitability of alternative articles or materials, materials and his decision shall be final. B. make all final decisions. Whenever the Special Provisions Specifications permit the substitution of a similar or equivalent material or article, no tests or action relating to the approval of such substitute material will be made until the request for substitution is made in writing by the Contractor, CONTRACTOR. Such written request shall be accompanied by complete data as to the equality of the material or article proposed. Such request shall be made within thirty- five (35) days from the date of the Notice to Proceed and shall be made in ample time to permit approval without delaying the workWork.

Trade Names and Alternatives. ‌ For convenience in designation on the Plans plans or in the Special Provisionsspecifications, certain articles or materials to be incorporated in the Work may be designated under a trade name or the name of a manufacturer and its the manufacturer's catalog information. The use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements: A. I. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and he Contractor shall furnish all information necessary as required by the City Engineer. The City Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials, and his the Engineer's decision shall be final. B. II. Whenever the Special Provisions Specifications permit the substitution of a similar or equivalent material or article, no tests or action by the Engineer relating to the approval of such the substitute material will be made until the request for substitution is made in writing by the Contractor, Contractor accompanied by complete data as to the equality of the material or article proposed. Such The request shall be made within thirty- five (35) days from the date of the Notice to Proceed and shall be made in ample time to permit approval without delaying the workWork, and in no case later than 35 days after award of the Contract.