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 contracts.
Appears in 11 contracts
Samples: Construction Services Agreement, Master Construction Services Agreement, Construction Services Agreement
REQUEST FOR SUBSTITUTIONS. 16.1 A. For purposes of this provision provision, the term “substitution” shall mean a change in product, the substitution of any material, equipmentprocess, or method of construction from those required by article that is substantially equal or better in every respect to that indicated or specified in the Construction Documents proposed by the ContractorDocuments.
16.2 B. Pursuant to Public Contract Code section 3400 does not apply 3400(b), District may make a finding designating certain products, things, or services by specific brand or trade name for the statutorily enumerated purposes. These findings if made, as well as the products and their specific brand or trade names that must be used for the Project may be found in Exhibit “A” of this Construction Services Agreements.
C. Unless specifically designated in Exhibit “A” of this Construction Services Agreement, whenever in specifications any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to this agreement since be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified. However, District has adopted certain uniform standards for certain materials, servicesprocesses and articles. Except as otherwise provided in paragraph D. below, and equipment used has been investigated as part of the Due Diligence investigation if any material, process or article offered for substitution by Contractor and incorporated is not, in the overall GMPopinion of District and Architect, substantially equal or better in every respect to that specified, Contractor shall furnish the material, process, or article specified. The burden of proof as to the equality of any material, process or article shall rest with Contractor.
16.3 D. Contractor may shall submit requests together with substantiating data for substitution of any “or equal” material, process or articlearticle no later than 35 days after the Project commencement date in the Notice to Proceed for the Project. Any savings generated from the Provisions authorizing submission of “or equal” substitution justification data shall not in any way authorize an extension of time for performance of this Construction Services Agreement. Furthermore, if a proposed “or equal” substitution request is rejected, Contractor shall be considered Project Savings under Article 7responsible for including the specified material, process or article for the Project. 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 process, or article that may be substituted. The .
E. For purposes of paragraph D. above, data required to substantiate requests for substitutions substitution of an “or equal” material, process process, or article data shall include a signed affidavit from the Contractor stating that the substituted “or equal” material, process 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 include any and all illustrations, specifications, and other relevant data including catalogue information which describes the requested substituted “or equal” material, process, or article and substantiates that it is an “or equal” to the Specified Item;
2material, process, or article specified. Will entail no changes in detailIn addition, construction, and scheduling of related work;
3. Will be acceptable in consideration the submittal documentation must also include a statement 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 implications of the construction schedule
16.4 substitution being requested stating whether and why the substitution of the “or equal” material, process, or article will reduce or increase the GMP. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. 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 F. Time limitations in this Section must be complied with strictly and in no case will an extension of time for completion be granted because of Contractor’s failure to request the substitution of an alternative item at the times and manner set forth in paragraph D. above. Further, Contractor shall bear the costs of all architectural and engineering work, DSA CCD review fees, and other costs work associated with the review of submittals for substitution. See Article 10substitution of equals.
16.6 G. In the event Contractor furnishes a material, process, or article which is more expensive than that specified, the difference in cost of such material, process, or article so furnished shall be borne by Contractor.
H. Contractor agrees to include the provisions of this Article Section in all Subcontractor contractssubcontractor bid documents.
Appears in 9 contracts
Samples: Construction Services Agreement, Construction Services Agreement, Construction Services Agreement
REQUEST FOR SUBSTITUTIONS. 16.1 A. For purposes of this provision provision, the term “substitution” shall mean a change in product, the substitution of any material, equipmentprocess, or method of construction from those required by article that is substantially equal or better in every respect to that indicated or specified in the Construction Documents proposed by the ContractorDocuments.
16.2 B. Pursuant to Public Contract Code section 3400 does not apply 3400(b), District may make a finding designating certain products, things, or services by specific brand or trade name for the statutorily enumerated purposes. These findings if made, as well as the products and their specific brand or trade names that must be used for the Project may be found in Exhibit “A” of this Construction Services Agreements.
C. Unless specifically designated in Exhibit “A” of this Construction Services Agreement, whenever in specifications any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to this agreement since be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified. However, District has adopted certain uniform standards for certain materials, servicesprocesses and articles. Except as otherwise provided in paragraph D. below, and equipment used has been investigated as part of the Due Diligence investigation if any material, process or article offered for substitution by Contractor and incorporated is not, in the overall GMPopinion of District and Architect, substantially equal or better in every respect to that specified, Contractor shall furnish the material, process, or article specified. The burden of proof as to the equality of any material, process or article shall rest with Contractor.
16.3 D. Contractor may shall submit requests together with substantiating data for substitution of any “or equal” material, process or articlearticle no later than 35 days after the Project commencement date in the Notice to Proceed for the Project. Any savings generated from the Provisions authorizing submission of “or equal” substitution justification data shall not in any way authorize an extension of time for performance of this Construction Services Agreement. Furthermore, if a proposed “or equal” substitution request is rejected, Contractor shall be considered Project Savings under Article 7responsible for including the specified material, process or article for the Project. 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 process, or article that may be substituted. The .
E. For purposes of paragraph D. above, data required to substantiate requests for substitutions substitution of an “or equal” material, process process, or article data shall include a signed affidavit from the Contractor stating that the substituted “or equal” material, process 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 include any and all illustrations, specifications, and other relevant data including catalogue information which describes the requested substituted “or equal” material, process, or article and substantiates that it is an “or equal” to the Specified Item;
2material, process, or article specified. Will entail no changes in detailIn addition, construction, and scheduling of related work;
3. Will be acceptable in consideration the submittal documentation must also include a statement 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 implications of the construction schedule
16.4 substitution being requested stating whether and why the substitution of the “or equal” material, process, or article will reduce or increase the GMP. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. 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 F. Time limitations in this Section must be complied with strictly and in no case will an extension of time for completion be granted because of Contractor’s failure to request the substitution of an alternative item at the times and manner set forth in paragraph D. above. Further, Contractor shall bear the costs of all architectural and engineering work, DSA CCD review fees, and other costs work associated with the review of submittals for substitution. See Article 10substitution of equals.
16.6 G. In the event Contractor furnishes a material, process, or article which is more expensive than that specified, the difference in cost of such material, process, or article so furnished shall be borne by Contractor.
X. Contractor agrees to include the provisions of this Article Section in all Subcontractor contractssubcontractor bid documents.
Appears in 4 contracts
Samples: Construction Services Agreement, Construction Services Agreement, Construction Services Agreement
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.Article
16.6 Contractor agrees to include the provisions of this Article in all Subcontractor contracts.
Appears in 3 contracts
Samples: Construction Services Agreement, Construction Services Agreement, Construction Services Agreement
REQUEST FOR SUBSTITUTIONS. 16.1 For purposes of this provision provision, the term “substitution” shall mean a change in product, the substitution of any material, equipmentprocess, or method of construction from those required by article that is substantially equal or better in every respect to that indicated or specified in the Construction Documents proposed by the Contractor.
16.2 Documents. Pursuant to Public Contract Code section 3400 does not apply 3400(b), District may make a finding designating certain products, things, or services by specific brand or trade name for the statutorily enumerated purposes. These findings if made, as well as the products and their specific brand or trade names that must be used for the Project may be found in Exhibit “A” of this Construction Services Agreements. Unless specifically designated in Exhibit “A” of this Construction Services Agreement, whenever in specifications any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to this agreement since be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified. However, District has adopted certain uniform standards for certain materials, servicesprocesses and articles. Except as otherwise provided in paragraph D. below, and equipment used has been investigated as part of the Due Diligence investigation if any material, process or article offered for substitution by Contractor and incorporated is not, in the overall GMP.
16.3 opinion of District and Architect, substantially equal or better in every respect to that specified, Contractor may shall furnish the material, process, or article specified. The burden of proof as to the equality of any material, process or article shall rest with Contractor. Contractor shall submit requests together with substantiating data for substitution of any “or equal” material, process or articlearticle no later than 35 days after the Project commencement date in the Notice to Proceed for the Project. Any savings generated from the Provisions authorizing submission of “or equal” substitution justification data shall not in any way authorize an extension of time for performance of this Construction Services Agreement. Furthermore, if a proposed “or equal” substitution request is rejected, Contractor shall be considered Project Savings under Article 7responsible for including the specified material, process or article for the Project. 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 process, or article that may be substituted. The For purposes of the above, data required to substantiate requests for substitutions substitution of an “or equal” material, process process, or article data shall include a signed affidavit from the Contractor stating that the substituted “or equal” material, process 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 include any and all illustrations, specifications, and other relevant data including catalogue information which describes the requested substituted “or equal” material, process, or article and substantiates that it is an “or equal” to the Specified Item;
2material, process, or article specified. Will entail no changes in detailIn addition, construction, and scheduling of related work;
3. Will be acceptable in consideration the submittal documentation must also include a statement 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 implications of the construction schedule
16.4 substitution being requested stating whether and why the substitution of the “or equal” material, process, or article will reduce or increase the GMP. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. 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 . Time limitations in this Section must be complied with strictly and in no case will an extension of time for completion be granted because of Contractor’s failure to request the substitution of an alternative item at the times and manner set forth in the above paragraph. Further, Contractor shall bear the costs of all architectural and engineering work, DSA CCD review fees, and other costs work associated with the review of submittals for substitutionsubstitution of equals. See Article 10.
16.6 In the event Contractor furnishes a material, process, or article which is more expensive than that specified, the difference in cost of such material, process, or article so furnished shall be borne by Contractor. Contractor agrees to include the provisions of this Article Section in all Subcontractor contractssubcontractor bid documents.
Appears in 1 contract
Samples: Construction Services Agreement
REQUEST FOR SUBSTITUTIONS. 16.1 A. For purposes of this provision the term “"substitution” " shall mean a change in product, the substitution of any material, equipmentprocess or article that is substantially equal or better in every respect to that so indicated or specified in the Construction Documents.
B. Pursuant to Public Contract Code section 3400(b) the District may make a finding designating certain products, things, or method services by specific brand or trade name for the statutorily enumerated purposes. These findings if made, as well as the products and their specific brand or trade names that must be used for the Project may be found in Attachment “1” of construction from those required this Construction Services Agreement, if applicable.
C. Unless specifically designated in Attachment “1” of this Construction Services Agreement, whenever in specifications any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the Construction Documents proposed purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by words "or equal." Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified. However, the District has adopted certain uniform standards for certain materials, processes and articles. If any material, process or article offered for substitution by Contractor is not, in the opinion of the District and the Architect, substantially equal or better in every respect to that specified, Contractor shall furnish the material, process or article specified. The burden of proof as to the equality of any material, process or article shall rest with 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 D. Contractor and incorporated in the overall GMP.
16.3 Contractor may shall submit requests together with substantiating data for substitution of any “"or equal” " material, process or articlearticle no later 35 days after the Project commencement date in the Notice to Proceed for the Project. Any savings generated from the Provisions authorizing submission of "or equal" substitution justification data shall not in any way authorize an extension of time for performance of this Construction Services Agreement. Furthermore, if a proposed "or equal" substitution request is rejected, Contractor shall be considered Project Savings under Article 7responsible for including the specified material, process or article for the Project. 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 .
E. For purposes of subdivision (D) above, 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 include any and all illustrations, specifications, and other relevant data including catalogue information which describes the requested substituted "or equal" material, process or article and substantiates that it is an “or equal” to the Specified Item;
2material process or article specified. Will entail no changes in detailIn addition, construction, and scheduling of related work;
3. Will be acceptable in consideration the submittal documentation must also include a statement 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 implications of the construction schedule
16.4 substitution being requested stating whether and why the substitution of the "or equal" material, process or article will reduce or increase the GMP. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted "or equal" material, process or article. 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 F. Time limitations in this Section must be complied with strictly and in no case will an extension of time for completion be granted because of Contractor’s failure to request the substitution of an alternative item at the times and manner set forth herein in subdivision (D). Further, Contractor shall bear the costs of all architectural and engineering work, DSA CCD review fees, and other costs work associated with the review of submittals for substitution. See Article 10substitution of equals.
16.6 G. In event Contractor furnishes material, process, or article more expensive than that specified, the difference in cost of such material, process, or article so furnished shall be borne by Contractor.
H. Contractor agrees to include the provisions of this Article Section in all Subcontractor contractssubcontractor bid documents.
Appears in 1 contract
Samples: Construction Services Agreement
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.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.Article
16.6 Contractor agrees to include the provisions of this Article in all Subcontractor contracts.
Appears in 1 contract
Samples: Construction Services Agreement
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.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.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.Article
16.6 Contractor agrees to include the provisions of this Article in all Subcontractor contracts.contracts.
Appears in 1 contract
Samples: Construction Services Agreement
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.Article
16.6 Contractor agrees to include the provisions of this Article in all Subcontractor contracts.contracts.
Appears in 1 contract
Samples: Construction Services Agreement
