Common use of SHOP DRAWINGS, PRODUCT DATA AND SAMPLES (SUBMITTALS) Clause in Contracts

SHOP DRAWINGS, PRODUCT DATA AND SAMPLES (SUBMITTALS). 3.11.1. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate those portions of the Work for which submittals are required and the way the CMR proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Judicial Council is subject to the limitations stated herein. 3.11.2. CMR shall review, approve and submit to the Judicial Council, and the Judicial Council’s Construction Supervisor/Inspector, all Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents within the number of days set forth in the Contract Documents. 3.11.3. Submittals for finishes shall be submitted in a sequence so as to cause no delay in the progress of the Work or in the activities of the Judicial Council or separate contractors. 3.11.4. Submittals that are not required by the Contract Documents may be returned to the CMR without action. 3.11.5. CMR shall perform no portion of the Work requiring submittal(s) and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been reviewed by the Judicial Council. Such Work shall be in accordance with reviewed submittals. 3.11.6. By submitting Shop Drawings, Product Data, Samples and similar submittals, the CMR represents that the CMR has determined and verified materials, field measurements and related field construction criteria, and has checked and coordinated the information contained within the submittal(s) with the requirements of the Contract Documents. 3.11.7. CMR shall not be relieved of the responsibility for any deviation from the requirements of the Contract Documents by the Judicial Council's and its Construction Supervisor/Inspector review of submittals unless the CMR has specifically informed the Judicial Council, in writing, of such deviation at the time of submittal, and the Judicial Council has given written consent to the specific deviation. The Judicial Council's and its Construction Supervisor/Inspector review shall not relieve the CMR of responsibility for errors or omissions in submittals. 3.11.8. CMR shall respond per requirements of the Contract Documents, in writing or on resubmitted submittals, to revisions other than those requested by the Judicial Council on previous submittals. After the second resubmittal of a specific item, that is still not accepted, the CMR will be charged all costs of submittal review. The charges will be deducted from the CMR’s next pay request. 3.11.9. Informational submittals, on which the Judicial Council is not expected to take action, may be identified in the Contract Documents. 3.11.10. When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Judicial Council will be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.11.11. When descriptive catalog designations, including manufacturer's name, product brand name, or model number(s) are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications of current issue at date of Judicial Council’s solicitation document. 3.11.12. Substitutions and Approved Equals. Alternative material(s), article(s), or equipment that are of equal quality and of required characteristics for the purpose intended may be proposed by the CMR for use in the Work, provided the CMR complies with the Contract Documents and the following requirements: 3.11.12.1. CMR shall submit a proposal for a substitution request for alternative material(s), article(s), or equipment, in writing: 3.11.12.1.1. The Judicial Council will consider requests for substitution only if received within thirty (30) days after Contract start date stated in the Notice to Proceed. Requests received after this timeframe may be rejected as untimely at the sole discretion of the Judicial Council. 3.11.12.2. At the Judicial Council’s discretion, it may give written consent to a submittal or resubmittal received after expiration of the time limit designated. 3.11.12.3. The request will not be considered unless the submittal is accompanied by complete information and descriptive data necessary to determine equality of offered material(s), article(s), or equipment. Samples shall be provided when requested by the Judicial Council. Burden of proof as to comparative quality, suitability, and performance of offered material(s), article(s), or equipment shall be upon the CMR. The Judicial Council will be the sole judge as to such matters. In the event the Judicial Council rejects the use of such alternative(s) submitted, then the particular product(s) originally specified in the Contract Documents shall be furnished. 3.11.12.4. If mechanical, electrical, structural, or other changes are required for installation, fit of alternative materials, articles, or equipment, or because of deviations from Contract Drawings and Specifications, such changes shall not be made without consent of the Judicial Council, and shall be made without additional cost to the Judicial Council.

SHOP DRAWINGS, PRODUCT DATA AND SAMPLES (SUBMITTALS). 3.11.1. A. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate those portions of the Work work for which submittals are required and the way the CMR Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Judicial Council AOC is subject to the limitations stated herein. 3.11.2. CMR B. Contractor shall review, approve and submit to the Judicial Council, and the Judicial Council’s Construction Supervisor/Inspector, AOC all Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents within the number of days set forth in the Contract Documents. 3.11.3. C. Submittals for finishes shall be submitted in a sequence so as to cause no delay in the progress of the Work or in the activities of the Judicial Council AOC or separate contractors. 3.11.4. D. Submittals that are not required by the Contract Documents may be returned to the CMR Contractor without action. 3.11.5. CMR E. Contractor shall perform no portion of the Work requiring submittal(s) and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been reviewed by the Judicial CouncilAOC. Such Work shall be in accordance with reviewed submittals. 3.11.6. F. By submitting Shop Drawings, Product Data, Samples and similar submittals, the CMR Contractor represents that the CMR Contractor has determined and verified materials, field measurements and related field construction criteria, and has checked and coordinated the information contained within the submittal(s) with the requirements of the Contract Documents. 3.11.7. CMR G. Contractor shall not be relieved of the responsibility for any deviation from the requirements of the Contract Documents by the Judicial CouncilAOC's and its Construction Supervisor/Inspector review of submittals unless the CMR Contractor has specifically informed the Judicial CouncilAOC, in writing, of such deviation at the time of submittal, and the Judicial Council AOC has given written consent to the specific deviation. The Judicial CouncilAOC's and its Construction Supervisor/Inspector review shall not relieve the CMR Contractor of responsibility for errors or omissions in submittals. 3.11.8. CMR H. Contractor shall respond per requirements of the Contract Documents, in writing or on resubmitted submittals, to revisions other than those requested by the Judicial Council AOC on previous submittals. After the second resubmittal of a specific item, that is still not accepted, the CMR Contractor will be charged all costs of submittal review. The charges will be deducted from the CMRContractor’s next pay request. 3.11.9. Informational submittals, on which the Judicial Council is not expected to take action, may be identified in the Contract Documents. 3.11.10. I. When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Judicial Council AOC will be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.11.11. J. When descriptive catalog designations, including manufacturer's name, product brand name, or model number(s) are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications of current issue at date of Judicial CouncilAOC’s solicitation document. 3.11.12. Substitutions and Approved Equals. Alternative material(s), article(s), or equipment that are of equal quality and of required characteristics for the purpose intended may be proposed by the CMR for use in the Work, provided the CMR complies with the Contract Documents and the following requirements: 3.11.12.1. CMR shall submit a proposal for a substitution request for alternative material(s), article(s), or equipment, in writing: 3.11.12.1.1. The Judicial Council will consider requests for substitution only if received within thirty (30) days after Contract start date stated in the Notice to Proceed. Requests received after this timeframe may be rejected as untimely at the sole discretion of the Judicial Council. 3.11.12.2. At the Judicial Council’s discretion, it may give written consent to a submittal or resubmittal received after expiration of the time limit designated. 3.11.12.3. The request will not be considered unless the submittal is accompanied by complete information and descriptive data necessary to determine equality of offered material(s), article(s), or equipment. Samples K. All submittals shall be provided when requested by the Judicial Council. Burden of proof as to comparative qualityin accordance with Exhibit H, suitability, and performance of offered material(s), article(s), or equipment shall be upon the CMR. The Judicial Council will be the sole judge as to such matters. In the event the Judicial Council rejects the use of such alternative(s) submitted, then the particular product(s) originally specified in the Contract Documents shall be furnished. 3.11.12.4. If mechanical, electrical, structural, or other changes are required for installation, fit of alternative materials, articles, or equipment, or because of deviations from Contract Drawings and HKA Vertical Transportation Modernization Specifications, such changes shall not be made including without consent limitation section 1.05 of the Judicial CouncilExhibit H, and shall be made without additional cost to the Judicial CouncilHKA Vertical Transportation Modernization Specifications.

SHOP DRAWINGS, PRODUCT DATA AND SAMPLES (SUBMITTALS). 3.11.1. A. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate those portions of the Work work for which submittals are required and the way the CMR Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Judicial Council is subject to the limitations stated herein. 3.11.2. CMR B. Contractor shall review, approve and submit to the Judicial Council, and the Judicial Council’s Construction Supervisor/Inspector, Council all Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents within the number of days set forth in the Contract Documents. 3.11.3. C. Submittals for finishes shall be submitted in a sequence so as to cause no delay in the progress of the Work or in the activities of the Judicial Council or separate contractors. 3.11.4. D. Submittals that are not required by the Contract Documents may be returned to the CMR Contractor without action. 3.11.5. CMR E. Contractor shall perform no portion of the Work requiring submittal(s) and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been reviewed by the Judicial Council. Such Work shall be in accordance with reviewed submittals. 3.11.6. F. By submitting Shop Drawings, Product Data, Samples and similar submittals, the CMR Contractor represents that the CMR Contractor has determined and verified materials, field measurements and related field construction criteria, and has checked and coordinated the information contained within the submittal(s) with the requirements of the Contract Documents. 3.11.7. CMR G. Contractor shall not be relieved of the responsibility for any deviation from the requirements of the Contract Documents by the Judicial Council's and its Construction Supervisor/Inspector review of submittals unless the CMR Contractor has specifically informed the Judicial Council, in writing, of such deviation at the time of submittal, and the Judicial Council has given written consent to the specific deviation. The Judicial Council's and its Construction Supervisor/Inspector review shall not relieve the CMR Contractor of responsibility for errors or omissions in submittals. 3.11.8. CMR H. Contractor shall respond per requirements of the Contract Documents, in writing or on resubmitted submittals, to revisions other than those requested by the Judicial Council on previous submittals. After the second resubmittal of a specific item, that is still not accepted, the CMR Contractor will be charged all costs of submittal review. The charges will be deducted from the CMRContractor’s next pay request. 3.11.9. Informational submittals, on which the Judicial Council is not expected to take action, may be identified in the Contract Documents. 3.11.10. I. When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Judicial Council will be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.11.11. J. When descriptive catalog designations, including manufacturer's name, product brand name, or model number(s) are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications of current issue at date of Judicial Council’s solicitation document. 3.11.12. Substitutions and Approved Equals. Alternative material(s), article(s), or equipment that are of equal quality and of required characteristics for the purpose intended may be proposed by the CMR for use in the Work, provided the CMR complies with the Contract Documents and the following requirements: 3.11.12.1. CMR shall submit a proposal for a substitution request for alternative material(s), article(s), or equipment, in writing: 3.11.12.1.1. The Judicial Council will consider requests for substitution only if received within thirty (30) days after Contract start date stated in the Notice to Proceed. Requests received after this timeframe may be rejected as untimely at the sole discretion of the Judicial Council. 3.11.12.2. At the Judicial Council’s discretion, it may give written consent to a submittal or resubmittal received after expiration of the time limit designated. 3.11.12.3. The request will not be considered unless the submittal is accompanied by complete information and descriptive data necessary to determine equality of offered material(s), article(s), or equipment. Samples K. All submittals shall be provided when requested by the Judicial Council. Burden of proof as to comparative qualityin accordance with Exhibit F, suitability, and performance of offered material(s), article(s), or equipment shall be upon the CMR. The Judicial Council will be the sole judge as to such matters. In the event the Judicial Council rejects the use of such alternative(s) submitted, then the particular product(s) originally specified in the Contract Documents shall be furnishedProject Specifications. 3.11.12.4. If mechanical, electrical, structural, or other changes are required for installation, fit of alternative materials, articles, or equipment, or because of deviations from Contract Drawings and Specifications, such changes shall not be made without consent of the Judicial Council, and shall be made without additional cost to the Judicial Council.

SHOP DRAWINGS, PRODUCT DATA AND SAMPLES (SUBMITTALS). 3.11.1. 3.12.1 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate those portions of the Work work for which submittals are required and the way the CMR Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Judicial Council AOC is subject to the limitations stated hereinof Subparagraph 2.2.6. 3.11.2. CMR 3.12.2 The Contractor shall review, approve and submit to the Judicial Council, and the Judicial Council’s Construction Supervisor/Inspector, AOC all Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents within the number of days set forth in the Contract Documents. 3.11.3. Submittals for Specifications, Division 1; except finishes which shall be submitted in a sequence so as to cause no delay in the progress of the Work or in the activities of the Judicial Council AOC or separate contractors. 3.11.4. Submittals that are not required by the Contract Documents may be returned to the CMR Contractor without action. 3.11.5. CMR 3.12.3 The Contractor shall perform no portion of the Work requiring submittal(s) submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been reviewed by the Judicial CouncilAOC. Such Work work shall be in accordance with reviewed submittals. 3.11.6. 3.12.4 By submitting Shop Drawings, Product Data, Samples and similar submittals, the CMR Contractor represents that the CMR Contractor has determined and verified materials, field measurements and related field construction criteria, and has checked and coordinated the information contained within the submittal(s) with the requirements of the Contract Documents. 3.11.7. CMR 3.12.5 The Contractor shall not be relieved of the responsibility for any deviation from the requirements of the Contract Documents by the Judicial CouncilAOC's and its Construction Supervisor/Inspector review of submittals unless the CMR Contractor has specifically informed the Judicial CouncilAOC, in writing, of such deviation at the time of submittal, and the Judicial Council AOC has given written consent to the specific deviation. The Judicial CouncilAOC's and its Construction Supervisor/Inspector review shall not relieve the CMR Contractor of responsibility for errors or omissions in submittals. 3.11.8. CMR 3.12.6 The Contractor shall respond per requirements of the Contract Documents, in writing or on resubmitted submittals, to revisions other than those requested by the Judicial Council AOC on previous submittals. After the second resubmittal of a specific item, that is still not accepted, the CMR Contractor will be charged all costs of submittal review. The charges will be deducted from the CMRContractor’s next pay request. 3.11.9. 3.12.7 Informational submittals, submittals on which the Judicial Council AOC is not expected to take action, may be identified in the Contract Documents. 3.11.10. 3.12.8 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Judicial Council AOC will be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.11.11. 3.12.9 When descriptive catalog designations, including manufacturer's name, product brand name, or model number(s) are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications of current issue at date of Judicial Council’s solicitation documentfirst Invitation to Bid. 3.11.12. 3.12.10 Substitutions and Approved Equals. : Alternative material(s), article(s), or equipment that are of equal quality and of required characteristics for the purpose intended may be proposed by the CMR Contractor for use in the Work, provided the CMR Contractor complies with the Contract Documents Specifications, Division 1, and the following requirements: 3.11.12.1. CMR .1 The Contractor shall submit a proposal for a substitution request for the alternative material(s), article(s), or equipment, in writing: 3.11.12.1.1. The Judicial Council will consider requests for substitution only if received , within thirty (30) 10 days after Contract start date stated in the Notice to Proceed. Requests received after this timeframe may be rejected as untimely at In exceptional cases where the sole discretion best interests of the Judicial Council. 3.11.12.2. At AOC so require, the Judicial Council’s discretion, it AOC may give written consent to a submittal or resubmittal received after expiration of the time limit designated. 3.11.12.3. .2 The request proposal will not be considered unless the submittal is accompanied by complete information and descriptive data necessary to determine equality of offered material(s), article(s), or equipment. Samples shall be provided when requested by the Judicial CouncilAOC. Burden of proof as to comparative quality, suitability, and performance of offered material(s), article(s), or equipment shall be upon the CMRContractor. The Judicial Council AOC will be the sole judge as to such matters. In the event the Judicial Council AOC rejects the use of such alternative(s) submitted, then one of the particular product(s) products originally specified in the Contract Documents shall be furnished. 3.11.12.4. .3 If mechanical, electrical, structural, or other changes are required for installation, fit of alternative materials, articles, or equipment, or because of deviations from Contract Drawings and Specifications, such changes shall not be made without consent of the Judicial CouncilAOC, and shall be made without additional cost to the Judicial CouncilAOC.