ADMINISTRATION OF CONSTRUCTION. 2.7.1 The Consultant shall perform those duties and discharge those responsibilities set forth herein in Sections 2.7.2 through 2.7.13. Furthermore, the Consultant shall perform and be responsible for all services requested of the Consultant by the Village relating to the interpretation and implementation of the Consultant’s drawings, specifications, or other Construction Documents or other contract documents prepared by the Consultant. 2.7.2 The Consultant shall represent the Village during construction and shall facilitate all instructions and other appropriate communications between the Village and the Contractor, which shall be communicated through the Consultant. The Consultant shall act on behalf of the Village only to the extent provided herein and in the Construction Contract. 2.7.3 Upon receipt, the Consultant shall carefully review and examine the Contractor’s Schedule of Values, together with any supporting documentation or data that the Village or the Consultant may require from the Contractor. The purpose of such review and examination will be to protect the Village from an unbalanced Schedule of Values that allocates greater value to certain elements of the work than is indicated by the supporting documentation or data or, than is reasonable under the circumstances. If the Schedule of Values is not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Village directs the Consultant to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision or supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Consultant shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Consultant shall not sign such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the Village. 2.7.4 The Consultant shall observe the work of the Contractor on a periodic basis. The purpose of such observations will be to determine the quality, quantity and progress of the work in comparison with the requirements of the Construction Documents and Construction Contract. In making such observations, the Consultant shall exercise care to protect the Village from defects or deficiencies in the work from unexcused delays in the schedule and from overpayment to the Contractor. Following each such site visit, the Consultant shall submit a written report of such observations, together with any appropriate comments or recommendations, to the Village. The Consultant shall not be responsible for any construction means, methods, sequences, or procedures for performing any construction activities. 2.7.5 The Consultant shall determine amounts owed to the Contractor based upon observations of the work as required in Subparagraph 2.7.4, evaluations of the Contractor’s rate of progress in light of the remaining Contract Time and upon evaluations of the Contractor’s Applications for Payment, and shall issue Certificates for Payment to the Village in such amounts. 2.7.6 The issuance of a Certificate for Payment shall constitute a representation by the Consultant to the Village that the Consultant has made an observation of the work as provided in Subparagraph 2.7.4, that the work has progressed to the level indicated, that the quality of the work meets or exceeds the requirements of the Construction Contract and that to the best of the knowledge, information and informed belief of the Consultant, the Contractor is entitled to payment of the amount certified; however, the issuance of a Certificate of Payment shall not constitute a representation that the Consultant has made an examination to ascertain how the Contractor has used the monies paid by the Village. 2.7.7 The Consultant shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the Contractor. The Consultant shall render written or graphic interpretations necessary for the proper execution or progress of the work with reasonable promptness on request of the Contractor. 2.7.8 The Consultant shall reject work that does not conform to the Construction Documents unless directed by the Village, in writing, not to do so. If directed by the Village not to reject work, the Village shall be responsible for the results of such direction. The Consultant shall have the authority to reject work that affects public or personnel safety. Whenever, in the Consultant’s opinion, it is necessary or advisable, the Consultant shall require special inspection or testing of the work in accordance with the provisions of the Construction Contract whether or not such work is fabricated, installed or completed. 2.7.9 The Consultant shall review and take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples. Appropriate action by the Consultant of the Contractor’s submittal shall constitute the Consultant’s representation to the Village that such submittal is in conformance with the Construction Documents and Construction Contract, but does not hold the Consultant responsible for the accuracy and completeness of details such as dimensions and quantities, or for substantiating instruction for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Construction Documents. Such action shall be taken with reasonable promptness so as to cause no delay to the Contractor of the Project. 2.7.10 The Consultant shall review, and advise the Village, concerning proposals and requests for Change Orders from the Contractor. The Consultant shall prepare Change Orders for the Village’s approval and execution in accordance with the Construction Contract, and shall have authority to order, by Field Order, minor changes in the work not involving an adjustment in Contractor’s Contract Price or an extension of Contractor’s Contract Time. 2.7.11 The Consultant shall conduct a site visit to determine the date of Substantial Completion and the date of Final Completion. As part of that process, Consultant shall receive and forward to the Village for the Village’s review all written warranties and related documents and operating manuals required by the Construction Contract. Contractor shall issue a final Certificate for Payment when called for by the Construction Contract. 2.7.12 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in its plans and specifications. 2.7.13 The Consultant shall visit the site at a minimum of one time per month, and at the request of the Village without limitation, including site visits for verification of the Contractor’s monthly pay request, to observe the entire construction operation, for the term of construction as noted in Section 2.9.1. A report outlining the details of each site visit shall be furnished to the Village within three (3) days of the required site visit. The Village must be informed of any site visits, so that they have the opportunity to be included in the visit.
Appears in 1 contract
Samples: Continuing Services Agreement
ADMINISTRATION OF CONSTRUCTION. 2.7.1 2.6.1 The Consultant shall perform those duties and discharge those responsibilities set forth herein in Sections 2.7.2 2.6.2 through 2.7.132.6.13. Furthermore, the Consultant shall perform and be responsible for all services requested of the Consultant by the Village City relating to the interpretation and implementation of the Consultant’s drawings, specifications, or other Construction Documents or other contract documents prepared by the Consultant.
2.7.2 2.6.2 The Consultant shall represent the Village City during construction and shall facilitate all instructions and other appropriate communications between the Village City and the Contractor, which shall be communicated through the Consultant. The Consultant shall act on behalf of the Village City only to the extent provided herein and in the Construction Contract.
2.7.3 2.6.3 Upon receipt, the Consultant shall carefully review and examine the Contractor’s Schedule of Values, together with any supporting documentation or data that the Village City or the Consultant may require from the Contractor. The purpose of such review and examination will be to protect the Village City from an unbalanced Schedule of Values that allocates greater value to certain elements of the work than is indicated by the supporting documentation or data or, than is reasonable under the circumstances. If the Schedule of Values is not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Village City directs the Consultant to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision or supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Consultant shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Consultant shall not sign such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the VillageCity.
2.7.4 2.6.4 The Consultant shall observe the work of the Contractor on a periodic basis. The purpose of such observations will be to determine the quality, quantity and progress of the work in comparison with the requirements of the Construction Documents and Construction Contract. In making such observations, the Consultant shall exercise care to protect the Village City from defects or deficiencies in the work from unexcused delays in the schedule and from overpayment to the Contractor. Following each such site visit, the Consultant shall submit a written report of such observations, together with any appropriate comments or recommendations, to the VillageCity. The Consultant shall not be responsible for any construction means, methods, sequences, or procedures for performing any construction activities.
2.7.5 2.6.5 The Consultant shall determine amounts owed to the Contractor based upon observations of the work as required in Subparagraph 2.7.42.6.4, evaluations of the Contractor’s rate of progress in light of the remaining Contract Time and upon evaluations of the Contractor’s Applications for Payment, and shall issue Certificates for Payment to the Village City in such amounts.
2.7.6 2.6.6 The issuance of a Certificate for Payment shall constitute a representation by the Consultant to the Village City that the Consultant has made an observation of the work as provided in Subparagraph 2.7.42.6.4, that the work has progressed to the level indicated, that the quality of the work meets or exceeds the requirements of the Construction Contract and that to the best of the knowledge, information and informed belief of the Consultant, the Contractor is entitled to payment of the amount certified; however, the issuance of a Certificate of Payment shall not constitute a representation that the Consultant has made an examination to ascertain how the Contractor has used the monies paid by the VillageCity.
2.7.7 2.6.7 The Consultant shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the Contractor. The Consultant shall render written or graphic interpretations necessary for the proper execution or progress of the work with reasonable promptness on request of the Contractor.
2.7.8 2.6.8 The Consultant shall reject work that does not conform to the Construction Documents unless directed by the VillageCity, in writing, not to do so. If directed by the Village City not to reject work, the Village City shall be responsible for the results of such direction. The Consultant shall have the authority to reject work that affects public or personnel safety. Whenever, in the Consultant’s opinion, it is necessary or advisable, the Consultant shall require special inspection or testing of the work in accordance with the provisions of the Construction Contract whether or not such work is fabricated, installed or completed.
2.7.9 2.6.9 The Consultant shall review and take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples. Appropriate action by the Consultant of the Contractor’s submittal shall constitute the Consultant’s representation to the Village City that such submittal is in conformance with the Construction Documents and Construction Contract, but does not hold the Consultant responsible for the accuracy and completeness of details such as dimensions and quantities, or for substantiating instruction for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Construction Documents. Such action shall be taken with reasonable promptness so as to cause no delay to the Contractor of the Project.
2.7.10 2.6.10 The Consultant shall review, and advise the VillageCity, concerning proposals and requests for Change Orders from the Contractor. The Consultant shall prepare Change Orders for the VillageCity’s approval and execution in accordance with the Construction Contract, and shall have authority to order, by Field Order, minor changes in the work not involving an adjustment in Contractor’s Contract Price or an extension of Contractor’s Contract Time.
2.7.11 2.6.11 The Consultant shall conduct a site visit to determine the date of Substantial Completion and the date of Final Completion. As part of that process, Consultant shall receive and forward to the Village City for the VillageCity’s review all written warranties and related documents and operating manuals required by the Construction Contract. Contractor shall issue a final Certificate for Payment when called for by the Construction ContractContract for Construction.
2.7.12 2.6.12 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in its plans and specifications.
2.7.13 2.6.13 The Consultant shall visit the site at a minimum of as needed but not less than one time per month, and at the request of the Village without limitation, including site visits for verification of the Contractor’s monthly pay request, to observe the entire construction operation, for the term of construction as noted in Section 2.9.12.8.1. A report outlining the details of each site visit shall be furnished to the Village City within three (3) days of the required site visit. The Village must be informed of any site visits, so that they have the opportunity to be included in the visit.three
Appears in 1 contract
Samples: Project Agreement
ADMINISTRATION OF CONSTRUCTION. 2.7.1 2.6.1 The Consultant shall perform those duties and discharge those responsibilities set forth herein in Sections 2.7.2 2.6.2 through 2.7.132.6.14. Furthermore, the Consultant shall perform and be responsible for all services requested of the Consultant by the Village City relating to the interpretation and implementation of the Consultant’s drawings, specifications, or other Construction Documents or other contract documents prepared by the Consultant.
2.7.2 2.6.2 The Consultant shall represent the Village City during construction and shall facilitate all instructions and other appropriate communications between the Village City and the Contractor, which shall be communicated through the Consultant. The Consultant shall act on behalf of the Village City only to the extent provided herein and in the Construction Contract.
2.7.3 2.6.3 Upon receipt, the Consultant shall carefully review and examine the Contractor’s Schedule of Values, together with any supporting documentation or data that the Village City or the Consultant may require from the Contractor. The purpose of such review and examination will be to protect the Village City from an unbalanced Schedule of Values that allocates greater value to certain elements of the work than is indicated by the supporting documentation or data or, than is reasonable under the circumstances. If the Schedule of Values is not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Village City directs the Consultant to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision or supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Consultant shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Consultant shall not sign such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the VillageCity.
2.7.4 2.6.4 The Consultant shall observe the work of the Contractor on a periodic basis. The purpose of such observations will be to determine the quality, quantity and progress of the work in comparison with the requirements of the Construction Documents and Construction Contract. In making such observations, the Consultant shall exercise care to protect the Village City from defects or deficiencies in the work from unexcused delays in the schedule and from overpayment to the Contractor. Following each such site visit, the Consultant shall submit a written report of such observations, together with any appropriate comments or recommendations, to the VillageCity. The Consultant shall not be responsible for any construction means, methods, sequences, or procedures for performing any construction activities.
2.7.5 2.6.5 The Consultant shall determine amounts owed to the Contractor based upon observations of the work as required in Subparagraph 2.7.42.6.4, evaluations of the Contractor’s rate of progress in light of the remaining Contract Time and upon evaluations of the Contractor’s Applications for Payment, and shall issue Certificates for Payment to the Village City in such amounts.
2.7.6 2.6.6 The issuance of a Certificate for Payment shall constitute a representation by the Consultant to the Village City that the Consultant has made an observation of the work as provided in Subparagraph 2.7.42.6.4, that the work has progressed to the level indicated, that the quality of the work meets or exceeds the requirements of the Construction Contract and that to the best of the knowledge, information and informed belief of the Consultant, the Contractor is entitled to payment of the amount certified; however, the issuance of a Certificate of Payment shall not constitute a representation that the Consultant has made an examination to ascertain how the Contractor has used the monies paid by the VillageCity.
2.7.7 2.6.7 The Consultant shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the Contractor. The Consultant shall render written or graphic interpretations necessary for the proper execution or progress of the work with reasonable promptness on request of the Contractor.
2.7.8 2.6.8 The Consultant shall reject work that does not conform to the Construction Documents unless directed by the VillageCity, in writing, not to do so. If directed by the Village City not to reject work, the Village City shall be responsible for the results of such direction. The Consultant shall have the authority to reject work that affects public or personnel safety. Whenever, in the Consultant’s opinion, it is necessary or advisable, the Consultant shall require special inspection or testing of the work in accordance with the provisions of the Construction Contract whether or not such work is fabricated, installed or completed.
2.7.9 2.6.9 The Consultant shall review and take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples. Appropriate action by the Consultant of the Contractor’s submittal shall constitute the Consultant’s representation to the Village City that such submittal is in conformance with the Construction Documents and Construction Contract, but does not hold the Consultant responsible for the accuracy and completeness of details such as dimensions and quantities, or for substantiating instruction for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Construction Documents. Such action shall be taken with reasonable promptness so as to cause no delay to the Contractor of the Project.
2.7.10 2.6.10 The Consultant shall review, and advise the VillageCity, concerning proposals and requests for Change Orders from the Contractor. The Consultant shall prepare Change Orders for the VillageCity’s approval and execution in accordance with the Construction Contract, and shall have authority to order, by Field Order, minor changes in the work not involving an adjustment in Contractor’s Contract Price or an extension of Contractor’s Contract Time.
2.7.11 2.6.11 The Consultant shall conduct a site visit to determine the date of Substantial Completion and the date of Final Completion. As part of that process, Consultant shall receive and forward to the Village City for the VillageCity’s review all written warranties and related documents and operating manuals required by the Construction Contract. Contractor shall issue a final Certificate for Payment when called for by the Construction Contract.
2.7.12 2.6.12 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in its plans and specifications.
2.7.13 2.6.13 The Consultant shall visit the site at a minimum of as needed but not less than one time per month, and at the request of the Village without limitation, including site visits for verification of the Contractor’s monthly pay request, to observe the entire construction operation, for the term of construction as noted in Section 2.9.12.8.1. A report outlining the details of each site visit shall be furnished to the Village City within three (3) days of the required site visit. The Village City must be informed of any site visits, so that they have the opportunity to be included in the visit.
2.6.14 During construction, the Consultant shall maintain for the City a record of deviations on the basis of information compiled and furnished, in part, by others, from the work as shown in the drawings and specifications and as actually installed. Before final payment by the City, the Consultant shall revise any drawings and specifications affected by such deviation so that all such documents shall show the work actually installed. A digital drawing or approved equal of the final certified record drawings shall be submitted to the City.
Appears in 1 contract
Samples: Project Agreement
ADMINISTRATION OF CONSTRUCTION. 2.7.1 2.6.1 The Consultant shall perform those duties and discharge those responsibilities set forth herein in Sections 2.7.2 2.6.2 through 2.7.132.6.13. Furthermore, the Consultant shall perform and be responsible for all services requested of the Consultant by the Village City relating to the interpretation and implementation of the Consultant’s drawings, specifications, or other Construction Documents or other contract documents prepared by the Consultant.
2.7.2 2.6.2 The Consultant shall represent the Village City during construction and shall facilitate all instructions and other appropriate communications between the Village City and the Contractor, which shall be communicated through the Consultant. The Consultant shall act on behalf of the Village City only to the extent provided herein and in the Construction Contract.
2.7.3 2.6.3 Upon receipt, the Consultant shall carefully review and examine the Contractor’s Schedule of Values, together with any supporting documentation or data that the Village City or the Consultant may require from the Contractor. The purpose of such review and examination will be to protect the Village City from an unbalanced Schedule of Values that allocates greater value to certain elements of the work than is indicated by the supporting documentation or data or, than is reasonable under the circumstances. If the Schedule of Values is not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Village City directs the Consultant to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision or supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Consultant shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Consultant shall not sign such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the VillageCity.
2.7.4 2.6.4 The Consultant shall observe the work of the Contractor on a periodic basis. The purpose of such observations will be to determine the quality, quantity and progress of the work in comparison with the requirements of the Construction Documents and Construction Contract. In making such observations, the Consultant shall exercise care to protect the Village City from defects or deficiencies in the work work, from unexcused delays in the schedule and from overpayment to the Contractor. Following each such site visit, the Consultant shall submit a written report of such observations, together with any appropriate comments or recommendations, to the VillageCity. The Consultant shall not be responsible for any construction means, methods, sequences, or procedures for performing any construction activities.
2.7.5 2.6.5 The Consultant shall determine amounts owed to the Contractor based upon observations of the work as required in Subparagraph 2.7.42.6.4, evaluations of the Contractor’s rate of progress in light of the remaining Contract Time and upon evaluations of the Contractor’s Applications for Payment, Payment and shall issue Certificates for Payment to the Village City in such amounts.
2.7.6 2.6.6 The issuance of a Certificate for Payment shall constitute a representation by the Consultant to the Village City that the Consultant has made an observation of the work as provided in Subparagraph 2.7.42.6.4, that the work has progressed to the level indicated, that the quality of the work meets or exceeds the requirements of the Construction Contract and that to the best of the knowledge, information and informed belief of the Consultant, the Contractor is entitled to payment of the amount certified; however, the issuance of a Certificate of Payment shall not constitute a representation that the Consultant has made an examination to ascertain how the Contractor has used the monies paid by the VillageCity.
2.7.7 2.6.7 The Consultant shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the Contractor. The Consultant shall render written or graphic interpretations necessary for the proper execution or progress of the work with reasonable promptness on request of the Contractor.
2.7.8 2.6.8 The Consultant shall reject work that does not conform to the Construction Documents unless directed by the VillageCity, in writing, not to do so. If directed by the Village City not to reject work, the Village City shall be responsible for the results of such direction. The Consultant shall have the authority to reject work that affects public or personnel safety. Whenever, in the Consultant’s opinion, it is necessary or advisable, the Consultant shall require special inspection or testing of the work in accordance with the provisions of the Construction Contract whether or not such work is fabricated, installed or completed.
2.7.9 2.6.9 The Consultant shall review and take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples. Appropriate action by the Consultant of the Contractor’s submittal shall constitute the Consultant’s representation to the Village City that such submittal is in conformance with the Construction Documents and Construction Contract, but does not hold the Consultant responsible for the accuracy and completeness of details such as dimensions and quantities, or for substantiating instruction for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Construction Documents. Such action shall be taken with reasonable promptness so as to cause no delay to the Contractor of the Project.
2.7.10 2.6.10 The Consultant shall review, and advise the VillageCity, concerning proposals and requests for Change Orders from the Contractor. The Consultant shall prepare Change Orders for the VillageCity’s approval and execution in accordance with the Construction Contract, and shall have authority to order, by Field Order, minor changes in the work not involving an adjustment in Contractor’s Contract Price or an extension of Contractor’s Contract Time.
2.7.11 2.6.11 The Consultant shall conduct a site visit to determine the date of Substantial Completion and the date of Final Completion. As part of that process, Consultant shall receive and forward to the Village City for the VillageCity’s review all written warranties and related documents and operating manuals required by the Construction Contract. Contractor shall issue a final Certificate for Payment when called for by the Construction Contract.
2.7.12 2.6.12 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in its plans and specifications.
2.7.13 2.6.13 The Consultant shall visit the site at a minimum of as needed but not less than one time per month, and at the request of the Village without limitation, including site visits for verification of the Contractor’s monthly pay request, to observe the entire construction operation, for the term of construction as noted in Section 2.9.12.8.1. A report outlining the details of each site visit shall be furnished to the Village City within three (3) days of the required site visit. The Village City must be informed of any site visits, so that they have the opportunity to be included in the visit.
Appears in 1 contract
Samples: Project Agreement