Common use of Substitute Materials or Equipment Clause in Contracts

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, discontinuance of manufacture of items specified or the approved substitutions prior to award) to use an item of equipment or material which is of a different type than the equipment or material specified, or the approved equal thereof, the architect/engineer, by change order may authorize the use of such different type equipment or material. Each such different type item (and possibly changes in other parts of the work related to the item) may be the same, more or less, in cost than the item specified. In its request for use of such different type item, the contractor shall submit to the architect/engineer in writing a complete description of the proposed item including dimensions, operational characteristics, changes (if any) that will be required to other related parts of the work, etc. It shall also submit to the architect/engineer in writing full information as to costs of the item specified, the cost of the different type item being proposed as well as costs (additional or credits) of changes (if any) to any related parts or the work. Such information shall be in such form and detail as to permit the architect/engineer to check, to its satisfaction, the costs involved. Upon approval of such different type item when the cost thereof is less or greater, the architect/engineer will recommend in writing the proper adjustment to the County.

Substitute Materials or Equipment. A. 6.5.1 If the general requirements (Division 1) of the specifications, instructions to bidders, law, ordinance or applicable rules or regulations permit contractor Contract Documents allow Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if contractor Contractor wishes to furnish or use a proposed substitute, it shall submit to architect/engineer County all pertinent information, plans, documents, data and material which may be necessary or desirable for architect/engineer County to evaluate whether the material or equipment is an acceptable substitute. By virtue of such submittal, contractor 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. 6.5.2 In addition, contractor Contractor shall, prior to the prePre-conference called for in article 2, paragraph 2.7, Cconstruction Conference, make written application to architect/engineer County for approval of such substitute material or equipment which shall include a certification as to the satisfaction of the requirements of paragraph A aboveabove Section 6.5.1, and which shall also state whether or not its incorporation in or use in connection with the project 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/engineerCounty, contractor Contractor shall also have the substitute supplier of material or equipment sign the certification required by this paragraph. C. 6.5.3 No substitute materials or equipment shall be ordered or installed without the written approval of architect/engineer County who will be the sole judge of equality, and architect/engineer County may require contractor 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 above Sections 6.5.1 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 expense6.5.2. The approval by architect/engineer County of any substitute material or equipment shall no not diminish the contractorContractor’s or supplier’s responsibility for the material or equipment submitted as a substitute under this article. D. 6.5.4 If subsequent to the award of the contract Contract for the rare occasions that it becomes necessary (because of delays in delivery, strikes, discontinuance of manufacture of items specified or the approved substitutions prior to award) to use an item of equipment or material which is of a different type than the equipment or material specified, or the approved equal thereof, the architect/engineerCounty, by change order Modification to the Contract, may authorize the use of such different type equipment or material. Each such different type item (and possibly changes in other parts of the work Work related to the item) may be the same, more or less, in cost than the item specified. In its request for use of such different type item, the contractor Contractor shall submit to the architect/engineer County in writing a complete description of the proposed item including dimensions, operational characteristics, changes (if any) that will be required to other related parts of the workWork, etc. It shall also submit to the architect/engineer County in writing full information as to costs of the item specified, the cost of the different type item being proposed as well as costs (additional or credits) of changes (if any) to any related parts or the workWork. Such information shall be in such form and detail as to permit the architect/engineer County to check, to its satisfaction, the costs involved. Upon approval of such different type item when the cost thereof is less or greater, the architect/engineer will recommend in writing the proper adjustment to the County.

Substitute Materials or Equipment. A. If the general requirements (Division 1) General Requirements of the specificationsSpecifications, instructions Instructions to biddersBidders, law, ordinance or applicable rules or regulations permit contractor CONTRACTOR to furnish or use a substitute that is equal to any material or equipment specified, and if contractor CONTRACTOR wishes to furnish or use a proposed substitute, it shall submit to architect/engineer Engineer all pertinent information, plans, documents, data and material which may be necessary or desirable for architect/engineer ENGINEER to evaluate whether the material or equipment is an acceptable substitute. By virtue of such submittal, contractor 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 that 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 CONTRACTOR shall, prior to the pre-conference called for in article 2Article 1, paragraph 2.7, Paragraph 4 (C, ) of these General Conditions make written application to architect/engineer Engineer for approval of such substitute material or equipment which shall include a certification as to the satisfaction of the requirements of paragraph A Paragraph "A" above, and which shall also state whether or not its incorporation in or use in connection with the project 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/engineerEngineer, contractor 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 Engineer who will be the sole judge of equality, and architect/engineer Engineer may require contractor CONTRACTOR to furnish such other data as it considers appropriate. No materials or equipment shall be ordered or installed without first complying with paragraphs Paragraphs A and B above and furnishing any guarantee or replacement bonds (150% of replacement cost) required by County CITY to be named as sole obligee, which shall be furnished at contractorContractor’s expense. The approval by architect/engineer Engineer of any substitute material or equipment shall no not diminish the contractorContractor’s or supplier’s 's responsibility for the material or equipment submitted as a substitute under this articleArticle. D. If subsequent to the award of the contract Contract for the rare occasions that it becomes necessary (because of delays in delivery, strikes, discontinuance of manufacture of items specified or the approved substitutions prior to award) to use an item of equipment or material which is of a different type than the equipment or material specified, or the approved equal thereof, the architect/engineerEngineer, by change order may authorize the use of such different type equipment or material. Each such different type item (and possibly changes in other parts of the work Work related to the item) may be the same, more or less, in cost than the item specified. In its request for use of such different type item, the contractor CONTRACTOR shall submit to the architect/engineer Engineer in writing a complete description of the proposed item including dimensions, operational characteristics, changes (if any) that will be required to other related parts of the workWork, etc. It shall also submit to the architect/engineer Engineer in writing full information as to costs of the item specified, the cost of the different type item being proposed as well as costs (additional or credits) of changes (if any) to any related parts or of the work. Such information shall be in such form and detail as to permit the architect/engineer Engineer to check, to its satisfaction, the costs involved. Upon approval of such different type item when the cost thereof is less or greater, the architect/engineer Engineer will recommend by change order in writing the proper adjustment in payment to the CountyCONTRACTOR.