Substitute Materials or Equipment Sample Clauses
The Substitute Materials or Equipment clause defines the conditions under which alternative materials or equipment may be used in place of those originally specified in a contract. Typically, this clause requires the contractor to seek approval from the owner or architect before making any substitutions, ensuring that the alternatives meet or exceed the required standards of quality and performance. Its core function is to provide flexibility in sourcing materials or equipment while maintaining project standards, thereby addressing issues such as supply shortages or discontinued products without compromising the integrity of the work.
Substitute Materials or Equipment. 6.5.1 If the Contract Documents allow Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, it shall submit to County all pertinent information, plans, documents, data and material which may be necessary or desirable for County to evaluate whether the material or equipment is an acceptable substitute. By virtue of such submittal, Contractor thereby warrants and represents that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to the specified and be suited to the same use and be capable of performing the same function as the specified material or equipment.
6.5.2 In addition, Contractor shall, prior to the Pre-construction Conference, make written application to County for approval of such substitute material or equipment which shall include a certification as to the satisfaction of the requirements of above Section 6.5.1, and which shall also state whether or not its incorporation in or use in connection with the Project is subject to the payment of any license fee or royalty and shall identify all variations of the proposed substitute from that specified. At the election of County, Contractor shall also have the substitute supplier of material or equipment sign the certification required by this paragraph.
6.5.3 No substitute materials or equipment shall be ordered or installed without the written approval of County who will be the sole judge of equality, and County may require Contractor to furnish such other data as it considers appropriate. No materials or equipment shall be ordered or installed without first complying with above Sections 6.5.1 and 6.5.
Substitute Materials or Equipment. A. If the general requirements (Division 1) of the specifications, instructions to bidders, law, ordinance or applicable rules or regulations permit contractor to furnish or use a substitute that is equal to any material or equipment specified, and if contractor wishes to furnish or use a proposed substitute, it shall submit to architect/engineer all pertinent information, plans, documents, data and material which may be necessary or desirable for architect/engineer to evaluate whether the material or equipment is an acceptable substitute. By virtue of such submittal, contractor thereby warrants and represents that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to the specified and be suited to the same use and be capable of performing the same function as the specified material or equipment.
B. In addition, contractor shall, prior to the pre-conference called for in article 2, paragraph 2.7, C, make written application to architect/engineer for approval of such substitute material or equipment which shall include a certification as to the satisfaction of the requirements of paragraph A above, and which shall also state whether or not its incorporation in or use in connection with the project is subject to the payment of any license fee or royalty and shall identify all variations of the proposed substitute from that specified. At the election of architect/engineer, contractor shall also have the substitute supplier of material or equipment sign the certification required by this paragraph.
C. No substitute materials or equipment shall be ordered or installed without the written approval of architect/engineer who will be the sole judge of equality, and architect/engineer may require contractor to furnish such other data as it considers appropriate. No materials or equipment shall be ordered or installed without first complying with paragraphs A and B above and furnishing any guarantee or replacement bonds (150% of replacement cost) required by County to be named as sole obligee, which shall be furnished at contractor’s expense. The approval by architect/engineer of any substitute material or equipment shall no diminish the contractor’s or supplier’s responsibility for the material or equipment submitted as a substitute under this article.
D. If subsequent to the award of the contract for the rare occasions that it becomes necessary (because of delays in delivery, strikes, di...
Substitute Materials or Equipment. 7.3.1 If the Contractor wishes to furnish or use a proposed substitute after the award of the Contract, it shall within thirty (30) calendar days after Notice to Proceed make written application to the Professional and Project Manager for consideration of such substitute, certifying in writing that the proposed substitute will perform adequately the duties imposed by the general design, be similar and of equal substance or quality to that specified, and be suited to the same use and capable of performing the same function as that specified. No substitute shall be ordered or installed without the prior written approval of the Professional. The application shall also contain an itemized estimate of all costs that may result directly or indirectly from acceptance of such substitute, including costs of redesign, delays, maintenance, and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager and Professional in evaluating the proposed substitute. Approval of any change in costs or schedule as a result of acceptance of the substitute by the Professional shall be by Change Order.
7.3.2 This paragraph applies to any cost reduction proposal (hereinafter referred to as a Value Engineering Change Proposal or VECPs) initiated and developed by the Contractor for the purpose of refining the contract documents so as to contribute to design cost effectiveness or significantly improve the quality of the end result. VECPs must result in savings without impairing essential functions and characteristics such as safety, service, life, reliability, economy of operation, ease of maintenance, aesthetics and necessary standard design features. The Contractor must state that it is submitting a VECP proposal. The VECP shall be submitted to the City through the Professional. The City reserves the right to reject at its discretion any VECP submittals. As a minimum, the following information shall be submitted by the Contractor with each VECP:
1) A description of the difference between the existing contract requirement and the proposed change, and the comparative advantages and disadvantages;
2) Separate detailed cost estimates for both the existing contract requirement and the proposed change. If a VECP is approved by the City, the Contractor may be entitled to share in the savings up to fifty (50) percent.