012500 Substitutions_Single Prime.pdf

PARKING GARAGE PROJECT NUMBER 693-222

DEPARTMENT OF VETERANS AFFAIRS

WILKES-BARRE, PENNSYLVANIA

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SECTION 012500 - SUBSTITUTIONS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes administrative and procedural requirements for handling requests for substitutions made after award of the Contract.

B. Related Sections: The following Sections contain requirements that relate to this Section:

1. Division 1 Section "Submittals" specifies requirements for submitting the Contractor's Construction Schedule and the Submittal Schedule.

1.3 DEFINITIONS

A. The Definitions in this Article do not change or modify the meaning of other terms used throughout the Contract Documents.

B. Substitution: Products considered to be able to perform the same function but that do not necessarily have the same design, arrangement, details, utility requirements and/or dimensions, etc.

C. Approved Equal: Products of equivalent design, arrangement, details, utility requirements and/or dimensions, etc., produced by a manufacturer not specifically listed in the “Manufacturers” Article of a Specification Section.

1. Unless otherwise noted, Approved Equal products may be included in the Bid without additional approval by the Architect.

D. The following are not considered to be requests for substitution:

1. Revisions to the Contract Documents requested by the Owner or the Architect

2. The Contractor's determination of and compliance with governing regulations and orders issued by governing authorities having jurisdiction

1.4 SUBSTITUTIONS

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A. Substitution Request: The Architect will consider requests for substitutions if received within 60 days AFTER the Notice to Proceed. Requests received more than 60 days after the Notice to Proceed may be considered or rejected at the sole discretion of the Architect. The Architect will only consider requests for substitution submitted by the Contractor. No substitution requests will be considered from manufacturer’s representatives or product vendors unless submitted through the Contractor. No substitution requests will be considered during the bid period. Bids shall be based on products from one of the manufacturers specified or an “approved equal” product.

1. Transmit three (3) copies of each request for substitution for consideration.

Requests shall be on the Substitution Request Form found at the end of this Section. Requests not meeting this procedural requirement will be returned with no action taken.

2. Identify the product to be substituted in each request. Include the related Specification Section and Drawing number. Only one substitution request will be considered per Substitution Request Form.

3. Respond to and attach all of the following items to the Substitution Request Form:

a. Coordination information, including a list of changes or modifications needed to other parts of the Work to accommodate the proposed substitution.

b. A detailed comparison of significant qualities of the proposed substitution with those of the Work specified. Significant qualities may include elements, such as performance, weight, size, durability and aesthetic effect

c. Product data, including drawings and descriptions of products

d. Samples, where applicable or requested

e. A statement indicating the substitution's effect on the Contractor's

Construction Schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on the overall Contract Time.

f. Cost information, including a proposal of the net change, if any in the Contract Sum. Substitutions requests submitted more than 60 days after Notice to Proceed must be accompanied by a credit proposal.

g. The Contractor's certification that the proposed substitution conforms to all requirements of the Contract Documents in every respect and is appropriate for the application indicated.

h. The Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of the failure of the substitution to perform adequately.

i. The Contractor's Certification that all costs of other Prime Contractors which are covered by the substitution will be borne by the substituting Contractor.

4. Architect's Action: The Architect will notify the Contractor of acceptance or rejection of the substitution within two (2) weeks of receipt of the substitution request. If necessary, the Architect will request additional information or documentation for evaluation within one (1) week of receipt of a request.

a. Use the product specified if the Architect cannot make a decision on the use of a proposed substitute within the time allocated. Following acceptance of

012500 - 3 the substitution, the Contractor shall submit related information and product data in accordance with Division 1 Section “Submittals”.

b. No claim for additional cost or time will be considered as a result of time for considering substitutions by the Contractor.

B. Conditions for Consideration: The Architect will receive and consider the Contractor's request for substitution when one or more of the following conditions are satisfied, as solely determined by the Architect. Requests will be returned with no action taken if none of the following conditions are satisfied.

1. Extensive revisions to the Contract Documents are not required.

2. Proposed changes are in keeping with the general intent of the Contract

Documents.

3. The specified product cannot be provided within the Contract Time. The Architect will not consider a substitution request if the specified product cannot be provided as a result of the Contractor’s failure to pursue the Work promptly.

4. The requested substitution offers the Owner a substantial advantage, in cost, time, or energy conservation.

5. The specified product cannot receive necessary approval by a governing authority.

6. The specified product cannot be provided in a manner that is compatible with other materials and where the Contractor certifies that the substitution will overcome the incompatibility.

7. The specified product cannot be coordinated with other materials and where the Contractor certifies that the proposed substitution can be coordinated.

8. The specified product cannot provide a warranty required by the Contract Documents and where the Contractor certifies that the proposed substitution provides the required warranty.

C. Conditions for Acceptance: Following evaluation by the Architect and in accordance with a Change Order, the Contractor may make a substitution only with the consent of the Owner.

END OF SECTION 012500

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SUBSTITUTION REQUEST FORM

(Attach to all requests for substitution)

PROJECT NAME AND NUMBER

ARCHITECT

SECTION PARAGRAPH SPECIFIED ITEM

PROPOSED SUBSTITUTION

The attached includes product data, specifications, drawings, photographs, and performance and test data adequate for evaluation of the request. Applicable portions of the data are clearly identified.

The attached data also includes a description of changes to the Contract Documents which the requested substitution will require for its proper installation.

The Contractor certifies that the following paragraphs, unless modified on attachments, are correct:

1. The requested substitution does not affect the dimensions shown on the Drawings.

2. The requested substitution does not change the building design, including engineering design or detailing.

3. The requested substitution has no adverse effect (including additional scope of work or cost increase) on any other subtrades of the Work, on the Contractor’s Construction Schedule or any specified warranty requirements.

4. Maintenance and service parts will be locally available for the requested substitution.

5. The requested substitution offers the Owner a substantial advantage, in cost, time, or energy conservation.

The Contractor further certifies that the function, appearance, quality and warranty of the requested substitution are equivalent or superior to those of the specified item.

CONTRACTOR’S CERTIFICATION:

Signature: ___________________________________________ Date:___________________

Firm: _______________________________________________________________________

Address: ____________________________________________________________________

Proposed Credit: $______________________

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Attachments: