Common use of SUBSTITUTION PROCEDURES Clause in Contracts

SUBSTITUTION PROCEDURES. 2.3.1 Refer to the UGC for requirements not identified in this Section. 2.3.2 The specified products used in preparing the Contract Documents establish minimum qualities. Substitutions must be at least equal to the minimum qualities for consideration by Owner as an acceptable substitution. The burden of proof of equality rests with the Contractor. The Owner retains sole authority for acceptance of substitutions. 2.3.3 Contractor shall submit all substitution requests within sixty (60) days of the Notice to Proceed for Construction and shall allow a minimum of twenty-one (21) days for review of each substitution by the Architect/Engineer and Owner in addition to the requirements identified in Section 2.2 above. Contractor is solely responsible for allowing sufficient time for substitutions to be considered without affecting Contract Time. 2.3.4 Substitution requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution, including drawings, performance and test data, and other information necessary for an evaluation. Documentation for substitution requests shall show compliance with the following, as applicable: 2.3.4.1 Statement indicating why specified product or fabrication or installation cannot be provided, 2.3.4.2 Coordination information, including a list of changes or modifications needed to other parts of the Work that will be necessary to accommodate proposed substitution. 2.3.4.3 Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable specification section. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified. 2.3.4.4 Product data, including drawings and descriptions of products and fabrication and installation procedures. 2.3.4.5 Samples, where applicable or requested. Owner may require Contractor to provide Samples of both the specified item and the proposed item for comparison. 2.3.4.6 Certificates and qualification data, where applicable or requested. 2.3.4.7 List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners. 2.3.4.8 Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. 2.3.4.9 Cost information, including a proposal of change, if any, in the Contract Sum. 2.3.4.10 Contractor's certification that proposed substitution complies with requirements in the Contract Documents except as indicated in the substitution request, is compatible with related materials, and is appropriate for applications indicated. 2.3.4.11 Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. 2.3.5 Owner may base acceptance of materials and equipment on the supplier and/or manufacturer's published data and may be provisional subject to the submission of complete shop drawings and/or specifications indicating compliance with the Contract Documents. Owner’s acceptance of materials and/or equipment under this provision shall not be construed as authorizing any deviation from the Contract Documents, unless specifically directed in writing from the Owner and/or Architect/Engineer. 2.3.5.1 Contractor shall be solely responsible for all additional costs resulting from the review of any substitution. Additional costs include direct and indirect costs that are not presented at the time of the substitution request and costs that become known after the review and approval of the substitution. 2.3.6 Should the Owner accept a substitution and should the substitute prove defective or otherwise unsatisfactory for the service intended within the guarantee period, Contractor shall replace the substitute with the material or equipment specified in the Contract Documents at no additional cost to the Owner.

SUBSTITUTION PROCEDURES. 2.3.1 Refer to the UGC for requirements not identified in this Section. 2.3.2 The specified products used in preparing the Contract Documents establish minimum qualities. Substitutions must be at least equal to the minimum qualities for consideration by Owner as an acceptable substitution. The burden of proof of equality rests with the Contractor. The Owner retains sole authority for acceptance of substitutions. 2.3.3 Contractor shall submit all substitution requests within sixty (60) days of the Notice to Proceed for Construction and shall allow a minimum of twenty-one (21) days for review of each substitution by the Architect/Engineer and Owner in addition to the requirements identified in Section 2.2 above. Contractor is solely responsible for allowing sufficient time for substitutions to be considered without affecting Contract Time. 2.3.4 Substitution requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution, including drawings, performance and test data, and other information necessary for an evaluation. Documentation for substitution requests shall show compliance with the following, as applicable: 2.3.4.1 Statement indicating why specified product or fabrication or installation cannot be provided, 2.3.4.2 Coordination information, including a list of changes or modifications needed to other parts of the Work that will be necessary to accommodate proposed substitution. 2.3.4.3 Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable specification section. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified. 2.3.4.4 Product data, including drawings and descriptions of products and fabrication and installation procedures. 2.3.4.5 Samples, where applicable or requested. Owner may require Contractor to provide Samples of both the specified item and the proposed item for comparison. 2.3.4.6 Certificates and qualification data, where applicable or requested. 2.3.4.7 List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners. 2.3.4.8 Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. 2.3.4.9 Cost information, including a proposal of change, if any, in the Contract Sum. 2.3.4.10 Contractor's certification that proposed substitution complies with requirements in the Contract Documents except as indicated in the substitution request, is compatible with related materials, and is appropriate for applications indicated. 2.3.4.11 Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. 2.3.5 Owner may base acceptance of materials and equipment on the supplier and/or manufacturer's published data and may be provisional subject to the submission of complete shop drawings and/or specifications indicating compliance with the Contract Documents. Owner’s acceptance of materials and/or equipment under this provision shall not be construed as authorizing any deviation from the Contract Documents, unless specifically directed in writing from the Owner and/or Architect/Engineer. 2.3.5.1 Contractor shall be solely responsible for all additional costs resulting from the review of any substitution. Additional costs include direct and indirect costs that are not presented at the time of the substitution request and costs that become known after the review and approval of the substitution. 2.3.6 Should the Owner accept a substitution and should the substitute prove defective or otherwise unsatisfactory for the service intended within the guarantee period, Contractor shall replace the substitute with the material or equipment specified in the Contract Documents at no additional cost to the Owner.