Project Manual 11-210C - Ramapo College of New Jersey

4.15 Substitutions
4.15.1 In the event a Contractor should propose a substitution for the specified equipment or materials, it
shall be its responsibility to submit proof of equality, and to provide and pay for any tests which may be required by the
Contracting Officer in order to evaluate such proposed substitution prior to the submission of the bid proposal.
4.15.2 The application for approval of a substitution by the Contractor shall include the following
information.
4.16 Soil Borings
a. Identifying information shall be fully and completely furnished.
b. Note whether the item is included in Specifications; in which case,
identify the Specification paragraph and section;
c. Attach data indicating in detail whether and how the substitution differs, if
at all, from the article specified.
d. If the proposed substitution involves a change in the scope of the Work,
the Contractor undertakes and agrees to be responsible for any and all
added costs thereby involved by reason of the change in the Work.
e. An agreement by the Contractor to submit proof of equality and to have
such tests performed at its own expense as may be required by the
Contracting Officer or the Architect/Engineer for approval; and
f. No Contractor shall base its bid on substitutions. Bids shall be based
solely on Plans and Specifications of the subject project.
g. Credit proposal for the proposed equipment or material substitution.
Since substitutions are made because of cost savings, the College is
entitled to a reasonable credit should the substitution be approved.
Substitutions will not be reviewed unless there is a cost savings to the
College.
4.16.1 Soil borings or test pits or other subsurface information may be secured by an independent contractor
for the College prior to design and construction of a project and may be included in the contract documents for the
Contractors use. The Contractor assumes full responsibility for interpretation of said borings and the College shall have
no responsibility or liability should the data provided prove to be incorrect or unrepresentative.
4.17 Protection of Contractor's Property
4.17.1 The Contractor shall adequately secure and protect its own tools, equipment, materials and supplies.
The College assumes no liability for any damage, theft or negligent injury to the Contractor's property.
4.18 Patents
4.18.1 The Contractor shall hold and save the College and its officers, agents, servants, and employees
harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or
unpatented invention, process, article, or appliance manufactured or used in the performance of the Contract, including
its use by the College, unless otherwise specifically stipulated in the Contract Documents.
RCNJ Project No.: 09-270.1C - 22 -