01 25 00 - Substitution Procedures.pdf

01 25 00 - SUBSTITUTION PROCEDURES

Herbert, Rowland & Grubic, Inc. 01 25 00 - 1 006566.0459

SECTION 01 25 00 - SUBSTITUTION PROCEDURES

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Quality assurance.

B. Product options.

C. Product substitution procedures.

1.2 QUALITY ASSURANCE

A. Contracts are based on products and standards established in Contract Documents without consideration of proposed substitutions.

B. Products specified define standard of quality, type, function, dimension, appearance, and performance required.

C. Substitution Proposals: Permitted for specified products except where specified otherwise. Do not substitute products unless substitution has been accepted and approved in writing by Owner.

1.3 PRODUCT OPTIONS

A. See Section 01 61 00 - Product Requirements.

1.4 PRODUCT SUBSTITUTION PROCEDURES

A. Substitutions may be considered when a product becomes unavailable through no fault of Contractor.

B. Costs:

1. Engineer’s Cost Reimbursement: Engineer will record costs in evaluating a substitute proposed or submitted by Contractor pursuant to this Section and the General Conditions. Whether or not Engineer approves a substitute item submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute.

2. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or equal” at Contractor’s expense.

C. Conditions: Engineer will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Engineer

Herbert, Rowland & Grubic, Inc. 01 25 00 - 2 006566.0459 will return requests without action, except to record noncompliance with these requirements:

1. Request is submitted in accordance with this Section and the requirements of the

General Conditions.

2. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities include compensation to Engineer for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations.

3. Requested substitution does not require extensive revisions to the Contract Documents.

4. Requested substitution is consistent with the Contract Documents and will produce indicated results.

5. Substitution request is fully documented and properly submitted.

6. Requested substitution will not adversely affect Contractor's Construction

Schedule.

7. Requested substitution has received necessary approvals of authorities having jurisdiction.

8. Requested substitution is compatible and coordinated with other portions of the

Work.

9. Requested substitution provides specified warranty.

10. If requested substitution involves other Contracts, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. All costs of other contracts for substitution will be made by Contractor making request.

D. Document each request with complete data, substantiating compliance of proposed substitution with Contract Documents, including:

1. Manufacturer's name and address, product, trade name, model, or catalog number, performance and test data, and reference standards.

2. Itemized point-by-point comparison of proposed substitution with specified product, listing variations in quality, performance, and other pertinent characteristics.

3. Reference to Article and Paragraph numbers in Specification Section.

4. Cost data comparing proposed substitution with specified product and amount of net change to Contract Sum.

5. Changes required in other Work.

6. Availability of maintenance service and source of replacement parts as applicable.

7. Certified test data to show compliance with performance characteristics specified.

8. Samples when applicable or requested.

9. Other information as necessary to assist Engineer's evaluation.

10. List of similar installations for completed projects with project names and addresses and names and addresses of engineers and owners.

11. Certification that proposed substitution complies with requirements in the

Contract Documents and is appropriate for applications indicated.

Herbert, Rowland & Grubic, Inc. 01 25 00 - 3 006566.0459

12. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results.

E. A request constitutes a representation that Bidder or Contractor:

1. Has investigated proposed product and determined that it meets or exceeds quality level of specified product.

2. Will provide same warranty for substitution as for specified product.

3. Will coordinate installation and make changes to other Work that may be required for the Work to be complete with no additional cost to Owner.

4. Waives claims for additional costs or time extension that may subsequently become apparent.

5. Will coordinate installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects.

6. Will reimburse Owner for review or redesign services associated with reapproval by authorities having jurisdiction.

F. Substitutions will not be considered when they are indicated or implied on Shop Drawing or Product Data submittals without separate written request or when acceptance will require revision to Contract Documents.

G. Substitution Submittal Procedure:

1. Submit electronic files of Request for Substitution for consideration. Limit each request to one proposed substitution.

2. Submit Shop Drawings, Product Data, and certified test results attesting to proposed product equivalence. Burden of proof is on proposer.

3. Engineer will notify Contractor in writing of decision to accept or reject request.

1.5 INSTALLER SUBSTITUTION PROCEDURES

A. Document 00 21 13 - Instructions to Bidders specifies time restrictions for submitting requests for substitutions during Bidding period.

B. Document each request with:

1. Installer's qualifications.

2. Installer's experience in work similar to that specified.

3. Other information as necessary to assist Architect/Engineer's evaluation.

C. Substitution Submittal Procedure:

1. Engineer will notify Contractor in writing of decision to accept or reject request.

PART 2 - PRODUCTS - Not Used.

PART 3 - EXECUTION - Not Used.

END OF SECTION