SUBSTITUTIONS
SECTION 01620-PAGE 1
PART 1.00 – GENERAL
1.01
RELATED DOCUMENTS:
The general provisions of the Contract, including General and Supplementary Conditions and other General
Requirement Sections, apply to the work specified in this Section.
1.02
DESCRIPTION OF REQUIREMENTS:
A. Definitions and Explanations – The requirements for substitutions do not apply to specified Contractor
options on products, materials and construction methods. Revisions to the Contract Documents, where
requested by the Owner, or Engineer, are “changes”, not “substitutions”. Requested substitutions during
the bidding period, which have been accepted prior to the Contract Date, are not subject to the
requirements for substitutions as specified herein. The Contractor’s determination of and compliance with
governing regulations and lawful orders issued by governing authorities do not constitute “substitutions”,
and do not constitute a basis for change orders, except as provided for in the contract documents.
Otherwise, the Contractor’s request for changes in the products and/or materials required by the contract
documents are considered requests for “substitutions” and are subject to the requirements herein.
1. “Or Equal” – Where names products, materials or methods are accompanied by “or equal” or other
language of the same effect, the Contractor’s requests to use unnamed products, materials or
methods are considered requests for substitutions, and are subject to the requirements hereof.
B. Refer to Section 01600: Products, Materials and Equipment, for general products, materials and
equipment requirements which are hereby made applicable to substitutions.
1.03
LIMITATIONS FOR MAKING SUBSTITUTIONS:
A. Conditions – After the Effective Date of the Agreement, Engineer will consider formal requests from
Contractor for substitution of products in place of those specified. Such requests shall be submitted in a
timely, fully documented manner such that the progress schedule is not affected by the review process.
One or more of the following conditions must be satisfied, as judged by the Engineer. Requests that do
not meet the criteria below will be returned without action except to record non-compliance with these
requirements.
1. Request for substitution is directly related to an “or equal” clause or other similar language in the
contract documents.
2. Where required products and/or materials cannot be provided within the Contract Time, but not as a
result of the Contractor’s failure to pursue the work promptly or coordinate the various activities
properly.
3. Where the required product and/or material cannot be provided in a manner which is compatible with
other materials or the work, or cannot be used without adversely affecting the Owner’s insurance
coverage on the completed work, or will encounter other substantial non-compliances which are not
possible to otherwise overcome, except by making the requested substitution, which the Contractor
thereby certifies to overcome such non-compatibility, non-coordination, non-warranty/guarantee, noninsurability or other non-compliance as claimed.
4. Where required product and/or material cannot receive required approval by a governing authority,
and the requested substitution can be so approved.
5. Where substantial advantage is offered the Owner, in terms of cost, time or other valuable
considerations, after deducting offsetting responsibilities the Owner may be required to bear, including
additional compensation to Engineer for redesign and evaluation services, increased cost of other
work by Owner or separate contractors, and similar considerations.
B. Work-Related Submittals – The Contractor’s submittal of, and the Engineer’s acceptance of, shop
drawings or samples which indicate work not complying with the requirements of the contract documents,
does not constitute an acceptable and valid request for, nor approval of, a substitution.
C. In making request for substitution, Bidder/Contractor represents:
1. He has personally investigated proposed product or method, and determined that it is equal to or
superior in all respects to that specified.
2. He will provide the same guarantee for substitution as for product or method specified.
3. He will coordinate installation of accepted substitution in work, making such changes as may be
required for work to be complete in all respects.
PROJECT # 2013-015.02
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SUBSTITUTIONS
SECTION 01620-PAGE 2
4. He waives all claims for additional costs related to substitution that consequently becomes apparent.
5. Cost data is complete and includes all related costs under his contract or other contracts that may be
affected by the substitution.
6. He will reimburse the Owner for any redesign costs by the Engineer for accommodation of the
substitution.
D. Substitutions will not be considered if:
1. They are indicated or implied on Shop Drawings without formal request submitted in accordance with
this paragraph 1.03.
2. Acceptance will require substantial revision of Contract Documents.
1.04
SUBMITTALS:
A. Requests for Substitutions – Submit one (1) electronic Adobe PDF format copy of requests for
substitutions on the form provided in these documents. Include the following information:
1. Complete product data, drawings, and descriptions of materials and methods substantiating
compliance of proposed substitution with Contract Documents.
2. Product identification, including manufacturer’s name and address.
3. Manufacturer’s literature, including:
a. Production description
b. Performance and test data
c. Reference standards
4. Samples where applicable or requested.
5. Detailed comparison of the significant qualities (size, weight, durability, performance and similar
characteristics, and including visual effect where applicable) for the proposal substitution in
comparison with the original requirements.
6. List, with addresses, of three (3) projects where proposed substitution has been used previously and
successfully in a similar application.
7. Coordination information, indicating every required change in every other element of the work that is
affected by the substitution, extended to include work by the Owner and separate contractors.
8. A complete statement of the effect the substitution will have upon the schedule of the work, including
its effect (if any) on the Contract Time (in comparison with compliance with the requirements without
approval of the proposed substitution).
9. Cost information, including a proposal of the net change in the Contract Sum (if any).
10. Certification by the CONTRACTOR to the effect that, in his opinion and after his thorough evaluation,
the proposed substitution will result in total work which is equal-to-or-better-than the work originally
required by the contract documents, in every respect of significance except as specifically stated in the
certification; and that it will perform adequately in the application indicated, regardless of equality and
exceptions thereto.
a. Include in certification, Contractor’s waiver of rights to additional payment and time which may
subsequently be necessitated, by failure of the substitution to perform adequately, and for the
required work to make corrections thereof.
b. Change Order Form – Submit requests for substitutions that propose a change in either the
Contract Sum or Contract Time, in the form and by the procedures required for change order
proposals.
c. Action by Engineer – Within one week of receipt of Contractor’s request for substitution, the
Engineer will request whatever additional information or documentation may be needed for his
evaluation of the request. Within two (2) weeks of receipt of request, or within one (1) week of
receipt of requested additional information or documentation (whichever is later), the Engineer will
notify the Contractor of either his acceptance or his rejection of the proposed substitution.
1. Rejection will include statement of the reasons for rejection (non-compliances with the
requirements for requested substitutions, or other reasons as detailed).
2. Acceptance will be in the form of a change order, when required by the contract documents.
END OF SECTION
PROJECT # 2013-015.02
Y:\Jobfiles\2013-015_Extraco-Water\2013-015.02_Low-Roof\04_Specifications\51_2013-015.02_01620.docx