IO Environmental and Infrastructure Inc Smith Street Cleanup and Fill Project

City of Everett 01 25 00 - 5 3600 Smith Street Clean Up 4. If, in the opinion of the Owner, the proposed substitution is not equal or better in every respect to that specified, the Contractor shall furnish the specified material ' or product at no additional cost to the Owner. E. CONDITIONS: Contractor's request for substitution will be reviewed and considered except as noted when extensive revisions to contract documents are not required and changes are in keeping with the general intent of contract documents; when timely, fully documented and properly submitted; and when one or more of the following conditions is satisfied, all as judged by Owner. Otherwise, requests will be returned without action ' except to record non-compliance with these requirements: 1. Where request is directly related to an "or equal" clause or other language of same effect in contract documents. ' 2. Where required product, material or method cannot be provided within contract time, but not as a result of Contractor's failure to pursue the work promptly or coordinate various activities properly. ' 3. Where required product, material, or method cannot be provided in a manner which is compatible with other materials of the work, or cannot be properly coordinated therewith, or cannot be used without adversely affecting Owner's ' insurance coverage on completed work, or will encounter other substantial non- compliances which are not possible to otherwise overcome except by making requested substitution, which Contractor's thereby certifies to overcome such noncompliance, non-coordination, non-warranty, non-insurability, or other non- compliance as claimed. 4. Where required product, material or method cannot receive approval by a ' governing authority, and requested substitution can be so approved. 5. Where substantial advantage is offered Owner. in terms of cost, time or other valuable considerations, after deducting offsetting responsibilities Owner may be required to bear, including additional compensation to Architect for redesign and ' evaluation services, increased cost of other work by Owner or separate Contractors, and similar considerations. ' F. After sixty (60) calendar day period following "Notice To Proceed": Requests for approval of substitute materials will not be considered, except if one or more of the following conditions exists. With his request, the Contractor shall indicate which ' condition he believes applies. 1. UNAVAILABILITY: A substitution is required because the specified item is not available, due to factors beyond the control of the Contractor. 2. UNSUITABILITY: Subsequent information or changes disclose inability of the specified item to perform as intended. 3. REGULATORY REQUIREMENTS: Final interpretation of code, regulatory requirements, safety requirements, or insurance requirements necessitate a change due to inability of the specified item to conform. 4. WARRANTY: Manufacturer or fabricator cannot certify or warrant performance of specified item as required. 5. OWNER'S BENEFIT: In the judgment of the Architect, acceptance of the proposed substitution is clearly in the Owner's best interest because of cost, quality, or other consideration. In requesting a substitution under this clause, the Contractor shall ' furnish substantiation of any such reason. G. Substitutions will not be considered if they are indicated or implied on shop drawings or other project data submittals, without proper notice shown on Section 00 63 25. 01 25 00 - 5 SUBSTITUTION PROCEDURES