REQUEST FOR SUBSTITUTIONS. 16.1 For purposes of this provision the term “substitution” shall mean a change in product, material, equipment, or method of construction from those required by the Construction Documents proposed by the Contractor.
16.2 Public Contract Code section 3400 does not apply to this agreement since the materials, services, and equipment used has been investigated as part of the Due Diligence investigation by Contractor and incorporated in the overall GMP.
16.3 Contractor may submit requests together with substantiating data for substitution of any “or equal” material, process or article. Any savings generated from the substitution shall be considered Project Savings under Article 7. The District shall not be responsible for any costs of Contractor associated with “or equal” substitution requests. The District has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. The data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the Contractor stating that the substituted “or equal” material, process or article is equivalent to that specified in the specification in every way except as listed on the affidavit. Substantiating data shall also include:
1. Is equal in quality/service/ability to the Specified Item;
2. Will entail no changes in detail, construction, and scheduling of related work;
3. Will be acceptable in consideration of the required design and artistic effect;
4. Will provide no cost disadvantage to the District;
5. Will require no excessive or more expensive maintenance, including adequacy and availability of replacement parts; and
6. Will required no change of the construction schedule
16.4 Failure to submit all the needed substantiating data, including the signed affidavit, to the Architect in a timely fashion so that the substitution can be adequately reviewed may result in the rejection of the proposed substitution. The District is not obligated to review multiple substitution submittals for the same product or item due to the Contractor’s failure to submit a complete package initially.
16.5 Contractor shall bear the costs of all architectural and engineering work, DSA CCD review fees, and other costs associated with the review of submittals for substitution. See Article 10.
16.6 Contractor agrees to include the provisions of this Article in all Subcontractor cont...
REQUEST FOR SUBSTITUTIONS. 16.1 For purposes of this provision the term “substitution” shall mean a change in product, material, equipment, or method of construction from those required by the Construction Documents proposed by the Contractor.
16.2 Public Contract Code section 3400 does not apply to this agreement since the materials, services, and equipment used has been investigated as part of the Due Diligence investigation by Contractor and incorporated in the overall GMP.
16.3 Contractor may submit requests together with substantiating data for substitution of any “or equal” material, process or article. Any savings generated from the substitution shall be considered Project Savings under Article 7. The District shall not be responsible for any costs of Contractor associated with “or equal” substitution requests. The District has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. The data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the Contractor stating that the substituted “or equal” material, process or article is equivalent to that specified in the specification in every way except as listed on the affidavit. Substantiating data shall also include:
