PRODUCT OPTIONS AND SUBSTITUTIONS. 3.10.1 For Products specified by reference standards or by description only, XXXX may provide any Product meeting those standards or description. 3.10.2 For Products specified by naming one or more manufacturers with provision for substitutions or equal, XXXX may submit a request for substitution for any manufacturer not named. 3.10.3 Director will consider requests for substitutions only within the first 15 percent (15%) of Contract Time, or first ninety (90) days after date of Notice to Proceed, whichever is less. 3.10.4 XXXX shall document each request for substitution with complete data substantiating compliance of proposed substitution with the Contract. 3.10.5 A request for substitution constitutes a representation that XXXX: 3.10.5.1 has investigated the proposed Product and determined that it meets or exceeds the quality standard of the specified Product; 3.10.5.2 shall provide the same warranty for the substitution as for the specified Product; 3.10.5.3 shall coordinate installation of the proposed substitution and make changes to other work which may be required for the Work to be completed, with no additional cost or increase in time to the City; 3.10.5.4 confirms that cost data is complete and includes all related costs under the Contract Documents; 3.10.5.5 waives related Claim for additional costs or time extensions that may subsequently become apparent; and 3.10.5.6 shall provide review or redesign services by a design consultant with appropriate professional license and shall obtain re-approval and permits from authorities. 3.10.6 Director will not consider and will not approve substitutions when: 3.10.6.1 they are indicated or implied on Shop Drawing or Product Data submittals without separate written request; or 3.10.6.2 acceptance will require revision to the Contract Documents. 3.10.7 Director may reject requests for substitution, and his decision will be final and binding on the Parties.
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Samples: Construction Management at Risk Agreement, Construction Management at Risk Agreement
PRODUCT OPTIONS AND SUBSTITUTIONS. 3.10.1 For Products specified by reference standards or by description only, XXXX Design Build Contractor may provide any Product meeting those standards or description.
3.10.2 For Products specified by naming one or more manufacturers with provision for substitutions or equal, XXXX Design Build Contractor may submit a request for substitution for any manufacturer not named.
3.10.3 Director will consider requests for substitutions only within the first 15 percent fifteen (15%) percent of Contract Time, Time or first ninety (90) days after date of Notice to Proceed, whichever is less.
3.10.4 XXXX Design Build Contractor shall document each request for substitution with complete data substantiating compliance of proposed substitution with the Contract.
3.10.5 A request for substitution constitutes a representation that XXXXDesign Build Contractor:
3.10.5.1 3.10.5.1. has investigated the proposed Product and determined that it meets or exceeds the quality standard of the specified Product;
3.10.5.2 3.10.5.2. shall provide the same warranty for the substitution as for the specified Product;
3.10.5.3 3.10.5.3. shall coordinate installation of the proposed substitution and make changes to other work which may be required for the Work to be completed, with no additional cost or increase in time to the City;
3.10.5.4 3.10.5.4. confirms that cost data is complete and includes all related costs under the Contract Documents;
3.10.5.5 3.10.5.5. waives related Claim for additional costs or time extensions that may subsequently become apparent; and
3.10.5.6 3.10.5.6. shall provide review or redesign services by a design consultant with appropriate professional license and shall obtain re-re- approval and permits from authorities.
3.10.6 Director will not consider and will not approve substitutions when:
3.10.6.1 3.10.6.1. they are indicated or implied on Shop Drawing or Product Data submittals without separate written request; or
3.10.6.2 3.10.6.2. acceptance will require revision to the Contract Documents.
3.10.7 Director may reject requests for substitution, and his decision will be final and binding on the Parties.
Appears in 1 contract
Samples: Design Build Agreement
PRODUCT OPTIONS AND SUBSTITUTIONS. 3.10.1 For Products specified by reference standards or by description only, XXXX may provide any Product meeting those standards or description.
3.10.2 . For Products specified by naming one or more manufacturers with provision for substitutions or equal, XXXX may submit a request for substitution for any manufacturer not named.
3.10.3 . Director will consider requests for substitutions only within the first 15 percent (15%) of Contract Time, or first ninety (90) days after date of Notice to Proceed, whichever is less.
3.10.4 . XXXX shall document each request for substitution with complete data substantiating compliance of proposed substitution with the Contract.
3.10.5 . A request for substitution constitutes a representation that XXXX:
3.10.5.1 has investigated the proposed Product and determined that it meets or exceeds the quality standard of the specified Product;
3.10.5.2 shall provide the same warranty for the substitution as for the specified Product;
3.10.5.3 shall coordinate installation of the proposed substitution and make changes to other work which may be required for the Work to be completed, with no additional cost or increase in time to the City;
3.10.5.4 confirms that cost data is complete and includes all related costs under the Contract Documents;
3.10.5.5 waives related Claim for additional costs or time extensions that may subsequently become apparent; and
3.10.5.6 shall provide review or redesign services by a design consultant designer with appropriate professional license and shall obtain re-approval and permits from authorities.
3.10.6 . Director will not consider and will not approve substitutions when:
3.10.6.1 they are indicated or implied on Shop Drawing or Product Data submittals without separate written request; or
3.10.6.2 acceptance will require revision to the Contract Documents.
3.10.7 . Director may reject requests for substitution, and his decision will be final and binding on the Parties.
Appears in 1 contract
