01 25 00 - Substitution Procedures.pdf

01 25 00 - Substitution Procedures

1.0 General

1.1 Section Includes

A. Quality assurance.

B. Product options.

C. Product substitution procedures.

1.2 Quality Assurance

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

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

C. 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.

D. Conditions: Engineer will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Engineer will return requests without action, except to record noncompliance with these requirements and the Contractor will still be liable to the Owner for charges incurred by the Engineer’s review:

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.

E. The Contractor shall 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.

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.

F. A request constitutes a representation that the 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.

G. 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.

H. Substitution Submittal Procedure:

1. The Contractor shall submit requests for substitutions on form attached to end of this Section.

2. The Contractor shall submit electronic files of Request for Substitution for consideration. Limit each request to one proposed substitution.

3. The Contractor shall submit Shop Drawings, Product Data, and certified test results attesting to proposed product equivalence. Burden of proof is on proposer.

4. Engineer will notify Contractor in writing of decision to accept or reject request. If accepted, the Engineer will refer the matter to the Owner for their final decision.

2.0 Products - Not Used.

3.0 Execution - Not Used.

END OF SECTION

01 25 00.1 – Subrequest (afterbid)

Project: 2027 Sewer System Improvements Project

To:

Re:

Substitution Request Number:

From:

Date:

HRG Project Number: 004379.0510

Contract For:

Specification Title: Description:

Section: Page: Article/Paragraph:

Proposed Substitution:

Manufacturer: Address: Phone:

Trade Name: Model No.:

Installer: Address: Phone:

History: New product 2-5 years old 5-10 yrs old More than 10 years old

Differences between proposed substitution and specified product:

Point-by-point comparative data attached - REQUIRED BY HRG

Reason for not providing specified item:

Similar Installation:

Project: Architect:

Address: Owner:

Date Installed:

Proposed substitution affects other parts of Work: No Yes; explain

Savings to Owner for accepting substitution: ($ ).

Proposed substitution changes Contract Time: No Yes [Add] [Deduct] days.

Supporting Data Attached: Drawings Product Data Samples Tests Reports

01 25 00.1 – Subrequest (afterbid)

The Undersigned certifies:

• Proposed substitution has been fully investigated and determined to be equal or superior in all respects to specified product.

• Same warranty will be furnished for proposed substitution as for specified product.

• Same maintenance service and source of replacement parts, as applicable, is available.

• Proposed substitution will have no adverse effect on other trades and will not affect or delay progress schedule.

• Cost data as stated above is complete. Claims for additional costs related to accepted substitution which may subsequently become apparent are to be waived.

• Proposed substitution does not affect dimensions and functional clearances.

• Payment will be made for changes to building design, including A/E design, detailing, and construction costs caused by the substitution.

• Coordination, installation, and changes in the Work as necessary for accepted substitution will be complete in all respects.

Submitted by:

Signed by:

Firm:

Address:

Telephone:

Attachments:

REVIEW AND ACTION

Substitution approved - Make submittals in accordance with Specification Section 01 33 00.

Substitution approved as noted - Make submittals in accordance with Specification Section 01 33 00.

Substitution rejected - Use specified materials.

Substitution Request received too late - Use specified materials.

Signed by: Date:

Additional Comments: Contractor Subcontractor Supplier Manufacturer A/E

01 25 00.1 - Subrequest(afterbid)