01630_-_Substitutions.pdf

MT. SAN ANTONIO COLLEGE SUBSTITUTIONS - 01630

Standard Specifications – Rev. 1/21/02 1 OF 5

SECTION 01630

SUBSTITUTIONS

1. PART 1 - GENERAL

1.1. SECTION INCLUDES

1.1.1. Product options.

1.1.2. Substitutions.

1.2. 1.2 DEFINITIONS

1.2.1. Requests for changes in products, materials, or equipment required by Contract Documents Proposed by the Contractor prior to and after award of the Contract are considered requests for substitutions. The following are not considered substitutions:

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

1.2.1.2. Specified options of products, materials, and equipment included in Contract Documents.

1.3. PRODUCT OPTIONS

1.3.1. Products Specified by Reference Standards or by Description only: Any product meeting those standards or descriptions.

1.3.2. Products Specified by Naming a Manufacturers Product: Provide Products of the lead manufacturer named in compliance with specifications.

1.3.2.1. Products of alternate manufacturers not named are considered substitutions, and may be considered by Architect, provided products provide quality and performance equal to that specified.

1.3.2.2. Where another manufacturer is listed as an approved alternate manufacturer to the specified lead manufacturer, products supplied by listed alternate manufacturer shall comply with specified characteristics of the lead manufacturer, and demonstrate compliance by providing substitution documentation as required by this section.

1.3.2.3. Where the substituted manufacturers standard product is not equal to that specified, the substituted manufacturer shall provide custom or non-standard products, system components, fabrication and configuration as necessary to comply with specified criteria, whether or not such criteria are the substituted manufacturers standard or stock item.

1.3.2.4. Consideration of whether a substituted product is equal to that specified will include all characteristics of the specified product, whether listed in the specification or not.

1.3.2.5. Consideration of whether a substituted product is equal to that specified is solely the decision of the Architect.

1.3.2.6. Provide substitution documentation as specified in this section.

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1.3.3. Where product is specified followed by term "No Substitution Permitted", or similar phrase, do not submit alternate products for review. Any substitution request received will be returned rejected.

1.4. LIMITATIONS ON SUBSTITUTIONS SUBMITTED PRIOR TO RECEIPT OF BIDS

1.4.1. The Bid shall be based upon the standards of quality established by those items of equipment and/or materials, which are specifically identified, in the Contract Documents.

1.4.2. District and/or Architect may consider requests for substitutions of specified equipment and/or materials only when requests are received by the District and/or Architect a minimum of 14 days prior to the date established for the receipt of bids.

1.4.3. Consideration by the District and/or Architect of a substitution request will be made only if request is made in strict conformance with provisions of this section.

1.4.4. Burden of proof of merit of requested substitution is the responsibility of the entity requesting the substitution.

1.4.5. It is the sole responsibility of the entity requesting the substitution to establish proper content of submittal for requests for substitutions. Incomplete submittals will be rejected.

1.4.6. District’s and Architect’s decision on substitution requests are final and do not require documentation or justification.

1.4.7. When substitution is not accepted, provide specified product.

1.4.8. Substitute products shall not be included within the bid without written acceptance by addendum

1.5. LIMITATIONS ON SUBSTITUTIONS SUBMITTED AFTER THE AWARD OF CONTRACT

1.5.1. The Contract is based upon the standards of quality established by those items of equipment and/or materials, which are specifically identified, in the Contract Documents.

1.5.2. Consideration by the District and/or Architect of substitution requests received after the established date of the receipt of bids or contract award will only be made when one or more of the following conditions are met and documented:

1.5.2.1. Specified item fails to comply with regulatory requirements.

1.5.2.2. Specified item has been discontinued.

1.5.2.3. Specified item, through no fault of the Contractor, is unavailable in the time frame required to meet project schedule.

1.5.2.4. Specified item, through subsequent information disclosure, will not perform properly or fit in designated space

1.5.2.5. Manufacturer declares specified product to be unsuitable for use intended or refuses to warrant installation of products.

1.5.2.6. Substitution otherwise would be, in the sole judgement of the District and/or Architect, in the District’s best interest.

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1.5.3. Notwithstanding the provisions of Article 1.4 of this section and the above, the District and or/Architect may consider a substitution request after the date of the receipt of bids or contract award, if in the sole discretion of the District and Architect, there appears to be just cause for such a request. The acceptance of such a late request does not waive any other requirement as stated herein.

1.5.4. Consideration by Architect of a substitution request will be made only if request is made in strict conformance with provisions of this section.

1.5.5. Substitutions will no be considered when they are indicated or implied on shop drawings or product data submittals without separate written request as required by provisions of this section.

1.5.6. Review of shop drawings does not constitute acceptance of substitutions indicated or implied on shop drawings.

1.5.7. Substitutions will not be considered when requested or submitted directly by subcontractor or supplier.

1.5.8. Substitutions will be considered as a result of the failure to pursue the work promptly or coordinate activities properly.

1.5.9. Burden of proof of merit of requested substitution is the responsibility of the Contractor.

1.5.10. It is the sole responsibility of the Contractor to establish proper content of submittal for requests for substitutions. Incomplete submittals will be rejected.

1.5.11. District shall receive full benefit of any cost reduction as a result of any request for substitution.

1.5.12. District and Architect’s decision on substitution requests if final and does not require documentation or justification.

1.5.13. When substitution is not accepted, provide specified product.

1.5.14. Substitute products shall not be ordered or installed without written acceptance.

1.6. REGULATORY REQUIREMENTS

1.6.1. It shall be the responsibility of the entity requesting the substitution to obtain all regulatory approvals required for proposed substitutions.

1.6.2. All regulatory approvals shall be obtained for proposed substitutions prior to submittal of substitution request to Architect.

1.6.3. All costs incurred by the District in obtaining regulatory approvals for proposed substitutions to include the costs of the Architect and any authority having jurisdiction over the project shall be reimbursed to the District. Costs of these services shall be reimbursed regardless of final acceptance or rejection of substitution.

1.7. SUBSTITUTION REPRESENTATION

1.7.1. In submitting a request for substitution, the entity requesting the substitution makes the representation that he or she:

1.7.1.1. Has investigated the proposed substitution and has determined that it meets or exceeds the quality level of the specified product.

Standard Specifications – Rev. 1/21/02 4 OF 5

1.7.1.2. Will provide the same warranty or guarantee for the substitution as for the specified product.

1.7.1.3. Will coordinate installation and make changes to other work which may be required for the work to be completed with no additional cost to the District.

1.7.1.4. Waives claims for additional cost or time extension which may subsequently become apparent.

1.7.1.5. Will reimburse District for the cost of Architect’s review or redesign services associated with substitution request.

1.8. SUBMITTAL PROCEDURE

1.8.1. A. Submit six copies of each request

1.8.2. Submit request with District’s Substitution form. Section 0430. Substitution requests received without request form will be returned unreviewed.

1.8.3. Limit each request to one proposed substitution.

1.8.4. Request to include sufficient data so that direct comparison of proposed substitution can be made.

1.8.5. Provide complete documentation for each request. Documentation shall include the following information, as appropriate, as a minimum.

1.8.5.1. Statement of cause for substitution request.

1.8.5.2. Identify product by specification section and article number.

1.8.5.3. Provide manufacturer’s name, address, and phone number. List fabricators, suppliers and installers as appropriate.

1.8.5.4. List similar projects where proposed substitution has been used, dates of installation and names of Architect and District.

1.8.5.5. List availability of maintenance services and replacement materials.

1.8.5.6. Documented or confirmation of regulatory approval.

1.8.5.7. Product data, including drawings and descriptions of products.

1.8.5.8. Fabrication and installation procedures.

1.8.5.9. Samples of proposed substitutions.

1.8.5.10. Itemized comparison of significant qualities of the proposed substitution with those of the product specified. Significant qualities may include size, weight, durability, performance requirements and visual effects.

1.8.5.11. Coordination information, including a list of changes or modifications needed to other items of work that will become necessary to accommodate proposed substitution.

1.8.5.12. Statement on the substitutions effect on the construction schedule.

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1.8.5.13. Cost information including a proposal of the net change, if any, in the Contract sum, if the substitution is submitted after the receipt of bids or contract award.

1.8.5.14. Certification that the substitution is equal to or better in every respect to that required by the Contract Documents and that substitution will perform adequately in the application intended.

1.8.5.15. Waiver of right to additional payment or time that may subsequently become necessary because of failure of substitution to perform adequately.

1.8.6. Inadequate warranty, vagueness of submittal, failure to meet specified requirements, or submittal of insufficient data will be cause for rejection of substitution request.

1.9. DISTRICT’S/ARCHITECT’S REVIEW

1.9.1. Within 10 days of receipt of request for substitution, the District and or Architect will accept or reject proposed substitution.

1.9.2. If a decision on a substitution cannot be made within the time allocated, the product specified shall be used.

1.9.3. There shall be no claim for additional time for review of proposed substitutions.

1.9.4. Final acceptance of a substitution submitted prior to the date established for the receipt of bids will be in the form of an addendum.

1.9.5. Final acceptance of a substitution submitted after the award of the contract will be in the form of a Change Order. The Project Manager will issue Change Order authorizing approved substitutions(s) and revising Contract Amount where appropriate.

END OF SECTION

1.3.3. Where product is specified followed by term "No Substitution Permitted", or similar phrase, do not submit alternate products for review. Any substitution request received will be returned rejected.

1.8.6. Inadequate warranty, vagueness of submittal, failure to meet specified requirements, or submittal of insufficient data will be cause for rejection of substitution request.