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