SHOP DRAWINGS, PRODUCT DATA AND SAMPLES. 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Construction Manager or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Construction Manager to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Construction Manager proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. 3.12.5 The Construction Manager shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate Construction Managers. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Construction Manager may be returned by the Architect without action. 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Construction Manager represents that the Construction Manager has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.7 The Construction Manager shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. Construction Manager shall not be responsible for any delay in performing the Work to the extent resulting from failure of Architect to perform its obligations within the time period set forth in Paragraph 4.2.7, and any such material delay shall result in one or both of an extension of the Outside Substantial Completion Date or an increase in the Contract Sum to account for the required acceleration of the Work. Whether to extend the Outside Substantial Completion Date or increase in the Contract Sum, or to undertake a combination of both, shall be determined by Development Manager in its sole and absolute discretion. 3.12.8 The Work shall be in accordance with approved submittals; except that the Construction Manager shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Construction Manager has specifically informed the Architect in writing of such deviation at the time of submittal and a Change Order or Construction Change Directive has been issued authorizing the deviation. The Construction Manager shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. 3.12.9 The Construction Manager shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. 3.12.10 The Construction Manager shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Construction Manager needs to provide such services in order to carry out the Construction Manager's responsibilities for construction means, methods, techniques, sequences and procedures. The Construction Manager shall not be required to provide professional services in violation of applicable law. If professional design services or certification by a design professional related to systems, materials or equipment are specifically required of the Construction Manager by the Contract Documents, the Development Manager and the Architect will specify all performance and design criteria that such services must satisfy. The Construction Manager shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner, Development Manager and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed by such design professionals, provided the Development Manager and Architect have specified to the Construction Manager all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Construction Manager shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 All shop drawings for any architectural, structural, mechanical or electrical work must be submitted to, and approved by, the Architect. The Construction Manager represents and warrants that all shop drawings shall be prepared by persons and entities possessing experience and expertise in the trade for which the shop drawing is prepared and, if reasonably required by the Architect or by applicable law, by a licensed engineer.
Appears in 2 contracts
Sources: Agreement Between Owner and Architect (Chukchansi Economic Development Authority), Construction Manager Agreement (Chukchansi Economic Development Authority)
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES. 3.12.1 3.1.1 Shop Drawings drawings are drawings, diagrams, schedules and other data specially prepared for the Work DC Project work by the Construction Manager or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor Subcontractor to illustrate some portion of the Worka DC Project.
3.12.2 3.1.2 Product Data data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Construction Manager Bechtel to illustrate materials or equipment for some portion of the Worka DC Project.
3.12.3 3.1.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work a DC Project will be judged.
3.12.4 3.1.4 Shop Drawingsdrawings, Product Dataproduct data, Samples samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate demonstrate, for those portions of the Work a DC Project for which submittals are required by the Contract Documents required, the way by which the Construction Manager Bechtel proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action.
3.12.5 The Construction Manager 3.1.5 Bechtel shall review for compliance with the Contract Documents, and approve and submit to the Architect Shop DrawingsWebvan, Product Dataif and when requested by Webvan, Samples shop drawings, product data, samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work any DC Project work or in the activities of the Owner Webvan or of separate Construction Managers. Submittals which are not marked as reviewed for compliance with contractors.
3.1.6 Bechtel shall perform no portion of any DC Project work requiring submittal and review of shop drawings, product data, samples or similar submittals until the Contract Documents and respective submittal has been approved by the Construction Manager may Webvan, if such approval right is provided in any Contract Document or has been requested by Webvan through a Change Order Request. Such DC Project work shall be returned by the Architect without actionin accordance with approved submittals.
3.12.6 3.1.7 By approving and submitting Shop Drawingsshop drawings, Product Dataproduct data, Samples samples and similar submittals, the Construction Manager Bechtel represents that the Construction Manager Bechtel has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work applicable DC Project work and of the Contract Documents.
3.12.7 The Construction Manager shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. Construction Manager shall not be responsible for any delay in performing the Work to the extent resulting from failure of Architect to perform its obligations within the time period set forth in Paragraph 4.2.7, and any such material delay shall result in one or both of an extension of the Outside Substantial Completion Date or an increase in the Contract Sum to account for the required acceleration of the Work. Whether to extend the Outside Substantial Completion Date or increase in the Contract Sum, or to undertake a combination of both, shall be determined by Development Manager in its sole and absolute discretion.
3.12.8 The Work shall be in accordance with approved submittals; except that the Construction Manager 3.1.8 Bechtel shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the ArchitectBech▇▇▇'▇ ▇▇ Webvan's approval of Shop Drawingsshop drawings, Product Dataproduct data, Samples or similar submittals unless the Construction Manager has specifically informed the Architect in writing of such deviation at the time of submittal and a Change Order or Construction Change Directive has been issued authorizing the deviation. The Construction Manager shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof.
3.12.9 The Construction Manager shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the Architect.
3.1.9 Bechtel shall assemble for Webvan's approval three (3) complete copies, in loose-leaf binders, of all operating and maintenance data from all manufacturers whose equipment is or will be installed in each DC Project. Bechtel shall also prepare a resubmission shall not apply checklist or schedule showing the type of lubricant to such revisions.
3.12.10 The Construction Manager shall not be required to provide professional services which constitute the practice used at each point of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Construction Manager needs to provide such services in order to carry out the Construction Manager's responsibilities for construction meansapplication, methods, techniques, sequences and procedures. The Construction Manager shall not be required to provide professional services in violation of applicable law. If professional design services or certification by a design professional related to systems, materials or equipment are specifically required of the Construction Manager by the Contract Documents, the Development Manager and the Architect will specify all performance and design criteria that such services must satisfy. The Construction Manager shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner, Development Manager and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness intervals between lubrication for each item of the services, certifications and approvals performed by such design professionals, provided the Development Manager and Architect have specified to the Construction Manager all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Construction Manager shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documentsequipment.
3.12.11 All shop drawings for any architectural, structural, mechanical or electrical work must be submitted to, and approved by, the Architect. The Construction Manager represents and warrants that all shop drawings shall be prepared by persons and entities possessing experience and expertise in the trade for which the shop drawing is prepared and, if reasonably required by the Architect or by applicable law, by a licensed engineer.
Appears in 2 contracts
Sources: Turnkey Design/Build Construction Contract (Webvan Group Inc), Turnkey Design/Build Construction Contract (Webvan Group Inc)
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES. 3.12.1 A. Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Construction Manager Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Workwork.
3.12.2 B. Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Construction Manager Contractor to illustrate materials or equipment for some portion of the Work.
3.12.3 C. Samples are physical examples which illustrate materials, finishes, equipment or workmanship and establish standards by which the Work will be judged.
3.12.4 . Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate demonstrate, for those portions of the Work for which submittals are required by the Contract Documents required, the way by which the Construction Manager Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action.
3.12.5 The Construction Manager Contractor shall review for compliance with the Contract Documentsreview, approve approve, stamp and then submit to the Architect Engineer: Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate Construction Managerscontractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Construction Manager may be returned by the Architect without action.
3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Construction Manager Contractor represents that the Construction Manager Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.
3.12.7 . The Construction Manager number of copies and format of submittals shall perform no portion be as required by the Engineer, but shall include (1) copy of the Work original Shop Drawings and Product Data for which the Contract Documents require submittal and review of Owner. The Engineer will, with reasonable promptness so as to cause no delay, check Shop Drawings, Product Data, Data and Samples to determine whether specifications and drawings have been properly interpreted and design requirements fulfilled. All corrections or similar requests for re-submittal by the Engineer shall be clearly noted on the submittals and returned to the Contractor. The Contractor shall make any corrections required by the Engineer and shall re- submit the required number of corrected copies of submittals until the respective submittal has been approved by the Architectapproved. Construction Manager shall not be responsible for any delay in performing the Work to the extent resulting from failure of Architect to perform its obligations within the time period set forth in Paragraph 4.2.7, and any such material delay shall result in one or both of an extension of the Outside Substantial Completion Date or an increase in the Contract Sum to account for the required acceleration of the Work. Whether to extend the Outside Substantial Completion Date or increase in the Contract Sum, or to undertake a combination of both, shall be determined by Development Manager in its sole and absolute discretion.
3.12.8 The Work shall be in accordance with approved submittals; except that the Construction Manager Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's Engineer’s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Construction Manager Contractor has specifically informed the Architect Engineer in writing of such deviation at the time of submittal and a Change Order or Construction Change Directive the Engineer has been issued authorizing given written approval to the specific deviation. The Construction Manager Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's Engineer’s approval thereof.
3.12.9 . The Construction Manager Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect Engineer on previous submittals. In the absence of such written notice the Architect's approval of a resubmission The Contractor shall not apply to such revisions.
3.12.10 The Construction Manager shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or unless similar submittals until the Construction Manager needs to provide such services in order to carry out the Construction Manager's responsibilities for construction means, methods, techniques, sequences and procedures. The Construction Manager shall not be required to provide professional services in violation of applicable law. If professional design services or certification by a design professional related to systems, materials or equipment are specifically required of the Construction Manager respective submittal has been approved by the Contract DocumentsEngineer. Such Work shall be in accordance with approved submittals. When Shop Drawings, the Development Manager Product Data, Samples or similar submittals have been approved and the Architect will specify all performance stamped by both Contractor and design criteria that such services must satisfy. The Construction Manager Engineer a copy of each shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related immediately forwarded to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner, Development Manager and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed by such design professionals, provided the Development Manager and Architect have specified to the Construction Manager all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Construction Manager shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents.
3.12.11 All shop drawings for any architectural, structural, mechanical or electrical work must be submitted to, and approved by, the Architect. The Construction Manager represents and warrants that all shop drawings shall be prepared by persons and entities possessing experience and expertise in the trade for which the shop drawing is prepared and, if reasonably required by the Architect or by applicable law, by a licensed engineer.
Appears in 2 contracts
Sources: Construction Agreement, Construction Agreement
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES. 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Construction Manager or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Construction Manager to illustrate materials or equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged.
3.12.4 A. Shop Drawings, Product Data, Samples Samples, and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Construction Manager Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by The Contractor will review, approve, and verify that all submittals meet the Architect is subject to the limitations intent of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action.
3.12.5 The Construction Manager shall review for compliance with the Contract Documents, approve and submit to the Architect B. Three (3) copies of each Shop DrawingsDrawing, Product Data, Samples Sample, and similar submittals required by the Contract Documents will be delivered to the Town in compliance with reasonable promptness and in such sequence the approved schedule so as to cause no delay in the Work or in the activities of the Owner Town or of separate Construction Managerscontractors. Submittals made by the Contractor, which are not marked as reviewed for compliance with required by the Contract Documents and approved by the Construction Manager Documents, may be returned by the Architect without action.
3.12.6 C. The Contractor will perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data Samples, or similar submittals (as defined by MAG Standard Specifications) until the respective submittal has been approved by the Town. All Work will be in compliance with approved submittals. The Contractor will not be relieved of responsibility for any errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals by the Town's approval. Deviation from the original specifications will be specifically noted on the submittal to the Town and the Town will be allowed 7 days to approve or reject any deviations.
D. By approving approving, verifying and submitting Shop Drawings, Product Data, Samples and similar submittals, the Construction Manager Contractor represents that the Construction Manager Contractor has determined and verified materials, field measurements and field construction criteria related theretocriteria, or will do so, and has checked and coordinated the information contained within such the submittals with the requirements of the Work and of the Contract DocumentsWork.
3.12.7 E. The Construction Manager shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. Construction Manager shall not be responsible for any delay in performing the Work to the extent resulting from failure of Architect to perform its obligations within the time period set forth in Paragraph 4.2.7, and any such material delay shall result in one or both of an extension of the Outside Substantial Completion Date or an increase in the Contract Sum to account for the required acceleration of the Work. Whether to extend the Outside Substantial Completion Date or increase in the Contract Sum, or to undertake a combination of both, shall be determined by Development Manager in its sole and absolute discretion.
3.12.8 The Work shall be in accordance with approved submittals; except that the Construction Manager shall Contractor will not be relieved of responsibility for deviations from requirements of the Contract Documents Work by the ArchitectTown's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Construction Manager Contractor has specifically informed the Architect Town in writing of such the deviation at the time of submittal and a Change Order or Construction Change Directive the Town has been issued authorizing given written approval to the specific deviation. The Construction Manager shall Contractor will not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples Samples, or similar submittals by the ArchitectTown's approval thereofapproval.
3.12.9 F. The Construction Manager shall Contractor will direct specific attention, in writing or on resubmitted Shop Drawings, . Product Data, Samples Samples, or similar submittals, ,to revisions other than those requested by the Architect Town on previous submittals. In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions.
3.12.10 The Construction Manager shall G. Informational submittals upon which the Town is not expected to take responsive action may be required to provide so identified in the Contract Documents.
H. When professional services which constitute the practice certification of architecture performance criteria of materials, systems or engineering unless such services are specifically equipment is required by the Contract Documents for a portion of the Work or unless the Construction Manager needs to provide such services in order to carry out the Construction Manager's responsibilities for construction means, methods, techniques, sequences and procedures. The Construction Manager shall not be required to provide professional services in violation of applicable law. If professional design services or certification by a design professional related to systems, materials or equipment are specifically required of the Construction Manager by the Contract DocumentsWork, the Development Manager and the Architect Town will specify all performance and design criteria that such services must satisfy. The Construction Manager shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner, Development Manager and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications calculations and approvals performed by such design professionals, provided the Development Manager and Architect have specified to the Construction Manager all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Construction Manager shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documentscertifications.
3.12.11 All shop drawings for any architectural, structural, mechanical or electrical work must be submitted to, and approved by, the Architect. The Construction Manager represents and warrants that all shop drawings shall be prepared by persons and entities possessing experience and expertise in the trade for which the shop drawing is prepared and, if reasonably required by the Architect or by applicable law, by a licensed engineer.
Appears in 1 contract
Sources: Construction Contract
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES. 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for A. The CM shall furnish to the Designer all Samples of the materials to be used in the execution of the Work as required by the Construction Manager or Contract Documents. The CM shall furnish to the Designer in a Subcontractortimely manner all coordination Drawings, Sub-subcontractorshop details, manufacturerShop Drawings, supplier or distributor and setting diagrams which may be necessary for acquiring and installing materials. These shall be reviewed as required by the Designer. Unless otherwise specified by DCAMM, the CM shall provide a minimum of four (4) copies when submitting for final approval by the Designer, one of which shall be returned to illustrate some portion the CM, one to the Resident Engineer, one to DCAMM and one filed with the Designer. The inspection and approval by the Designer of coordination Drawings, shop details, Shop Drawings, and setting diagrams shall be general and shall in no way relieve the CM from responsibility for proper fitting, coordinating, construction, and construction sequencing. The CM shall furnish to DCAMM and the Designer such information and vouchers relative to the Work., the materials therefor, and the persons employed thereon, as the Designer shall from time to time request. For DCAMM Use Only
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Construction Manager to illustrate materials or equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged.
3.12.4 B. Shop Drawings, Product Data, Samples Samples, and similar submittals are not Contract Documents. The purpose of their submittal submission is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Construction Manager CM proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action.
3.12.5 C. The Construction Manager CM shall review for compliance with the Contract Documentsreview, approve approve, and submit to the Architect Designer, Shop Drawings, Product Data, Samples Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner DCAMM or of separate Construction Managerscontractors. Submittals made by the CM which are not marked as reviewed for compliance with the Contract Documents and approved by the Construction Manager may be returned by the Architect without action.
3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Construction Manager represents that the Construction Manager has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.
3.12.7 The Construction Manager shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. Construction Manager shall not be responsible for any delay in performing the Work to the extent resulting from failure of Architect to perform its obligations within the time period set forth in Paragraph 4.2.7, and any such material delay shall result in one or both of an extension of the Outside Substantial Completion Date or an increase in the Contract Sum to account for the required acceleration of the Work. Whether to extend the Outside Substantial Completion Date or increase in the Contract Sum, or to undertake a combination of both, shall be determined by Development Manager in its sole and absolute discretion.
3.12.8 The Work shall be in accordance with approved submittals; except that the Construction Manager shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Construction Manager has specifically informed the Architect in writing of such deviation at the time of submittal and a Change Order or Construction Change Directive has been issued authorizing the deviation. The Construction Manager shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof.
3.12.9 The Construction Manager shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions.
3.12.10 The Construction Manager shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of or which do not comply with the Work or unless the Construction Manager needs to provide such services in order to carry out the Construction Manager's responsibilities for construction means, methods, techniques, sequences and proceduresContract Documents may be returned without action. The Construction Manager shall not be required to provide professional services in violation of applicable law. If professional design services or certification by a design professional related to systems, materials or equipment are specifically required of the Construction Manager by the Contract Documents, the Development Manager and the Architect will specify all performance and design criteria that such services must satisfy. The Construction Manager shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related CM's attention is directed to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner, Development Manager and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness provisions of the services, certifications and approvals performed by such design professionals, provided the Development Manager and Architect have specified to the Construction Manager all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Construction Manager shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents.
3.12.11 All shop drawings for any architectural, structural, mechanical or electrical work must be submitted to, and approved by, the Architect. The Construction Manager represents and warrants that all shop drawings shall be prepared by persons and entities possessing experience and expertise in the trade for which the shop drawing is prepared and, if reasonably required by the Architect or by applicable law, by a licensed engineer.Article V.2
Appears in 1 contract
Sources: Construction Manager Agreement
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES. 3.12.1 3.11.1 Shop Drawings drawings are drawings, diagrams, schedules and other data specially prepared for the Work DC Project work by the Construction Manager or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor Subcontractor to illustrate some portion of the Worka DC Project.
3.12.2 3.11.2 Product Data data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Construction Manager Bechtel to illustrate materials or equipment for some portion of the Worka DC Project.
3.12.3 3.11.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work a DC Project will be judged.
3.12.4 3.11.4 Shop Drawingsdrawings, Product Dataproduct data, Samples samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate demonstrate, for those portions of the Work a DC Project for which submittals are required by the Contract Documents required, the way by which the Construction Manager Bechtel proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action.
3.12.5 The Construction Manager 3.11.5 Bechtel shall review for compliance with the Contract Documents, and approve and submit to the Architect Shop DrawingsWebvan, Product Dataif and when requested by Webvan, Samples shop drawings, product data, samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work any DC Project work or in the activities of the Owner Webvan or of separate Construction Managers. Submittals which are not marked as reviewed for compliance with contractors.
3.11.6 Bechtel shall perform no portion of any DC Project work requiring submittal and review of shop drawings, product data, samples or similar submittals until the Contract Documents and respective submittal has been approved by the Construction Manager may Webvan, if such approval right is provided in any Contract Document or has been requested by Webvan through a Change Order Request. Such DC Project work shall be returned by the Architect without actionin accordance with approved submittals.
3.12.6 3.11.7 By approving and submitting Shop Drawingsshop drawings, Product Dataproduct data, Samples samples and similar submittals, the Construction Manager Bechtel represents that the Construction Manager Bechtel has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work applicable DC Project work and of the Contract Documents.
3.12.7 The Construction Manager shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. Construction Manager shall not be responsible for any delay in performing the Work to the extent resulting from failure of Architect to perform its obligations within the time period set forth in Paragraph 4.2.7, and any such material delay shall result in one or both of an extension of the Outside Substantial Completion Date or an increase in the Contract Sum to account for the required acceleration of the Work. Whether to extend the Outside Substantial Completion Date or increase in the Contract Sum, or to undertake a combination of both, shall be determined by Development Manager in its sole and absolute discretion.
3.12.8 The Work shall be in accordance with approved submittals; except that the Construction Manager 3.11.8 Bechtel shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the ArchitectBech▇▇▇'▇ ▇▇ Webvan's approval of Shop Drawingsshop drawings, Product Dataproduct data, Samples or similar submittals unless the Construction Manager has specifically informed the Architect in writing of such deviation at the time of submittal and a Change Order or Construction Change Directive has been issued authorizing the deviation. The Construction Manager shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof.
3.12.9 The Construction Manager shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the Architect.
3.11.9 Bechtel shall assemble for Webvan's approval three (3) complete copies, in loose-leaf binders, of all operating and maintenance data from all manufacturers whose equipment is or will be installed in each DC Project. Bechtel shall also prepare a resubmission shall not apply checklist or schedule showing the type of lubricant to such revisions.
3.12.10 The Construction Manager shall not be required to provide professional services which constitute the practice used at each point of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Construction Manager needs to provide such services in order to carry out the Construction Manager's responsibilities for construction meansapplication, methods, techniques, sequences and procedures. The Construction Manager shall not be required to provide professional services in violation of applicable law. If professional design services or certification by a design professional related to systems, materials or equipment are specifically required of the Construction Manager by the Contract Documents, the Development Manager and the Architect will specify all performance and design criteria that such services must satisfy. The Construction Manager shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner, Development Manager and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness intervals between lubrication for each item of the services, certifications and approvals performed by such design professionals, provided the Development Manager and Architect have specified to the Construction Manager all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Construction Manager shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documentsequipment.
3.12.11 All shop drawings for any architectural, structural, mechanical or electrical work must be submitted to, and approved by, the Architect. The Construction Manager represents and warrants that all shop drawings shall be prepared by persons and entities possessing experience and expertise in the trade for which the shop drawing is prepared and, if reasonably required by the Architect or by applicable law, by a licensed engineer.
Appears in 1 contract
Sources: Turnkey Design/Build Construction Contract (Webvan Group Inc)
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES. 3.12.1 A. Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Construction Manager Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Workwork.
3.12.2 B. Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Construction Manager Contractor to illustrate materials or equipment for some portion of the Work.
3.12.3 C. Samples are physical examples which illustrate materials, finishes, equipment or workmanship and establish standards by which the Work will be judged.
3.12.4 . Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate demonstrate, for those portions of the Work for which submittals are required by the Contract Documents required, the way by which the Construction Manager Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action.
3.12.5 The Construction Manager Contractor shall review for compliance with the Contract Documentsreview, approve approve, stamp and then submit to the Architect Engineer: Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate Construction Managerscontractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Construction Manager may be returned by the Architect without action.
3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Construction Manager Contractor represents that the Construction Manager Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.
3.12.7 . The Construction Manager number of copies and format of submittals shall perform no portion be as required by the Engineer, but shall include (1) copy of the Work original Shop Drawings and Product Data for which the Contract Documents require submittal and review of Owner. The Engineer will, with reasonable promptness so as to cause no delay, check Shop Drawings, Product Data, Data and Samples to determine whether specifications and drawings have been properly interpreted and design requirements fulfilled. All corrections or similar requests for re-submittal by the Engineer shall be clearly noted on the submittals and returned to the Contractor. The Contractor shall make any corrections required by the Engineer and shall re-submit the required number of corrected copies of submittals until the respective submittal has been approved by the Architectapproved. Construction Manager shall not be responsible for any delay in performing the Work to the extent resulting from failure of Architect to perform its obligations within the time period set forth in Paragraph 4.2.7, and any such material delay shall result in one or both of an extension of the Outside Substantial Completion Date or an increase in the Contract Sum to account for the required acceleration of the Work. Whether to extend the Outside Substantial Completion Date or increase in the Contract Sum, or to undertake a combination of both, shall be determined by Development Manager in its sole and absolute discretion.
3.12.8 The Work shall be in accordance with approved submittals; except that the Construction Manager Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's Engineer’s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Construction Manager Contractor has specifically informed the Architect Engineer in writing of such deviation at the time of submittal and a Change Order or Construction Change Directive the Engineer has been issued authorizing given written approval to the specific deviation. The Construction Manager Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's Engineer’s approval thereof.
3.12.9 . The Construction Manager Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect Engineer on previous submittals. In the absence of such written notice the Architect's approval of a resubmission The Contractor shall not apply to such revisions.
3.12.10 The Construction Manager shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or unless similar submittals until the Construction Manager needs to provide such services in order to carry out the Construction Manager's responsibilities for construction means, methods, techniques, sequences and procedures. The Construction Manager shall not be required to provide professional services in violation of applicable law. If professional design services or certification by a design professional related to systems, materials or equipment are specifically required of the Construction Manager respective submittal has been approved by the Contract DocumentsEngineer. Such Work shall be in accordance with approved submittals. When Shop Drawings, the Development Manager Product Data, Samples or similar submittals have been approved and the Architect will specify all performance stamped by both Contractor and design criteria that such services must satisfy. The Construction Manager Engineer a copy of each shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related immediately forwarded to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner, Development Manager and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed by such design professionals, provided the Development Manager and Architect have specified to the Construction Manager all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Construction Manager shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents.
3.12.11 All shop drawings for any architectural, structural, mechanical or electrical work must be submitted to, and approved by, the Architect. The Construction Manager represents and warrants that all shop drawings shall be prepared by persons and entities possessing experience and expertise in the trade for which the shop drawing is prepared and, if reasonably required by the Architect or by applicable law, by a licensed engineer.
Appears in 1 contract
Sources: Construction Agreement