HomeMy WebLinkAboutSection 01630 Product Ops and Subsitutions
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SECTION 01630 PRODUCT OPTIONS AND SUBSTITUTIONS
PART 1 - GENERAL
1.01 SUMMARY: This Section covers the Engineer's review procedures for Contractor's
requests of acceptable substitute items of material and equipment. All requests must be
received by the City's Procurement Division ten (10) days prior to the scheduled bid
opening date. See applicable paragraph of the Instructions to the Bidders of this Contract
Document. If the proposed substitution is approved, such approvals will be set forth in an
addendum.
Requests received after the date established above or after the contract award, will not be
considered unless one or more of the following conditions apply:
A. The substitution must be required for compliance with final interpretation of code
requirements or regulations.
B. The substitution must be due to the unavailability of the specified products, through
no fault of the Contractor.
C. The substitution may be requested when subsequent information discloses the
inability of the specified products to perform properly or to fit in the designated space.
D. The substitution may be requested when in the judgement of the Engineer a
substitution would be substantially to the City's best interests in terms of cost, time or
other considerations.
1.02 SUBSTITUTION REQUEST:
A. Submit as required in SECTION 01300 Submittals:
1. Complete data substantiating compliance of the proposed substitution with the
Contract Document.
a. Product identification including manufacturer's name and address.
b. Manufacturer's literature including product description, performance and
test data, and reference standards.
c. Name and address of similar projects on which product was used and
dates of installation.
2. Itemized comparison of proposed substitution with product or method
specified.
3. Data relating to changes in the construction schedule.
4. For requests submitted after bids are received, accurate cost data on proposed
substitution in comparison with product or method specified.
B. In submitting the request for substitution, the Contractor makes the following
representations:
1. The Contractor has investigated the proposed product and has determined that
it is equal or superior in all respects to that specified.
2. The Contractor will provide the same warranty or guarantee for the substitution
as for the product specified.
3. The Contractor will coordinate installation of the accepted substitution into the
work, making such changes as may be required for the work to be completed
in all respects.
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4. The Contractor waives all claims for additional costs related to substitution that
subsequently becomes apparent.
5. Cost data is complete and includes all related costs under the contract.
1.03 ENGINEER'S REVIEW: The Engineer, in evaluating the request for substitution, will
consider all variations of the proposed substitute from that specified to determine the
acceptability of the proposal. The Engineer may require the Contractor to furnish
additional data about the proposed substitute necessary to make such a determination.
The Engineer will be the sole judge of acceptability, and no substitute will be ordered or
installed without the Engineer's prior written acceptance. The City may require the
Contractor to furnish, at the Contractor's expense, a special performance guarantee or
other surety with respect to any substitute. Substitutions will not be considered if:
A. Substitutions are indicated or implied on shop drawings or product data submittals
without a request submitted in accordance with this section.
B. Acceptance will require substantial revision to the Contract Documents.
END OF SECTION