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1w do 40 40 BIDDER: Any person, firm, or corporation submitting a Bid Proposal for the project. CONTRACT: The agreement executed by the OWNER and Bidder given the Award for the Project, including all Contract Documents. CONTRACT DOCUMENTS: Advertisement for Bids, Introduction to Bidders, Instructions to Bidders, Bid Bond, Bid Proposal, Statement on Public Entity Crimes, , Information Required of Bidders, Agreement, Certificate of Insurance, 'Payment Bond, Performance Bond, General Conditions, Supplementary Conditions, Technical Provisions, Drawings, Appendix, American Society for Testing and Materials Standards, together with all Addenda and Change Orders issued with respect thereto. APPROVED EQUAL: A substitute product equal to or better than the brand name product as specified and permitted to be used in this Project only when approved by the Engineer. i D. Dela 1. No forfeiture due to delay shall be made because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR (including but not restricted to Acts of God or of the public enemy, acts of the government, acts of the OWNER, or acts of another CONTRACTOR in the performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes or delays caused by the failure of the OWNER or the owner of a utility to provide for removal or relocation of existing utility facilities). Any such delays shall not entitle the CONTRACTOR to any additional compensation. The sole remedy of the CONTRACTOR shall be an i extension of time obtained in accordance with this section. i 2. The CONTRACTOR shall, within five days from the beginning of any such delay, i notify the OWNER in writing of the cause of delay, whereupon the OWNER shall ascertain the facts and extent of the delay and extend the time for completing the work if, in his judgment, the findings of fact justify such an extension, and his findings of facts thereon shall be final and conclusive. E. Substitute or "or-EquaL Items (These paragraphs supplement Article 6 of the GC.) 1. Whenever materials or equipment are specified or described 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 and to establish a basis for bidding. Unless the name is followed by words indicating that no substitution is permitted, substitute materials or equipment may be reviewed by Engineer if sufficient information is supplied by CONTRACTOR to SUPPLEMENTARY CONDITIONS SC 2