Common use of ADMINISTRATION OF THE CONTRACT Clause in Contracts

ADMINISTRATION OF THE CONTRACT. 2.2.1 At all times the Design-Builder will provide Owner with full and adequate access to the Work, whether on or off site, so that Owner can become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, the Owner will not be required to make exhaustive or continuous on-site inspections as to the quality or quantity of the Work. The Design-Builder will provide the Owner’s personnel training and use of equipment on site to facilitate inspections. 2.2.2 The Owner will not have control over, be in charge of, or be responsible for coordination, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Design-Builder’s responsibility. In the event the Owner implements an Owner Controlled Insurance Program (OCIP) on this Project, the Owner may implement a safety program that the Design-Builder will follow and coordinate. 2.2.3 The Owner will not be responsible for the Design-Builder’s failure to carry out the Work in accordance with the Contract Documents. The Owner will not have control over, be in charge of, or be responsible for acts or omissions of the Design-Builder, Design-Builder’s licensed design professionals, consultants, subcontractors, or any of their agents or employees, or of any other persons performing portions of the Work. 2.2.4 The Owner will have authority to reject Work which does not conform to the Contract Documents. Whenever the Owner considers it necessary or advisable for implementation of the intent of the Contract Documents, the Owner will have authority to require additional inspection or testing of the Work in accordance with Article 18, whether or not such Work is fabricated, installed or completed. If the inspection or testing determines the Work is non-conforming, the Design-Builder shall be responsible for such inspection or testing expense. However, neither this authority of the Owner nor a decision made in good faith either to exercise or not to exercise such authority will give rise to a duty or responsibility of the Owner to the Design-Builder, Design-Builder’s licensed design professionals, consultants, subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the Work (of any tier). 2.2.5 The Design-Builder will submit draft Change Orders and Work Orders to the Owner for consideration. The Owner will prepare Change Orders and Work Orders as provided in Paragraphs 8.1 and 8.2. 2.2.6 Upon request by the Design-Builder, the Owner will conduct inspections to determine the date(s) of Substantial Completion and the date of Final Completion and Acceptance. The Design-Builder will submit to the Owner for review written warranties, electronic data and other documents required by this Contract. The Owner will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.2.7 Interpretations and decisions of the Owner will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of Drawings. When making such interpretations and decisions, the Owner will not be liable for results of interpretations or decisions so rendered in good faith.

ADMINISTRATION OF THE CONTRACT. 2.2.1 At all times the Design-Builder will provide Owner with full and adequate access to the Work, whether on or off site, so that Owner can become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, the Owner will not be required to make exhaustive or continuous on-site inspections as to the quality or quantity of the Work. The Design-Builder will provide the Owner’s personnel training and use of equipment on site to facilitate inspections. 2.2.2 The Owner will not have control over, be in charge of, or be responsible for coordination, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Design-Builder’s responsibility. In the event the Owner implements an Owner Controlled Insurance Program (OCIP) on this Project, the Owner may implement a safety program that the Design-Builder will follow and coordinate. 2.2.3 The Owner will not be responsible for the Design-Builder’s failure to carry out the Work in accordance with the Contract Documents. The Owner will not have control over, be in charge of, or be responsible for acts or omissions of the Design-Builder, Design-Builder’s licensed design professionals, consultants, subcontractors, or any of their agents or employees, or of any other persons performing portions of the Work. 2.2.4 The Owner will have authority to reject Work which does not conform to the Contract Documents. Whenever the Owner considers it necessary or advisable for implementation of the intent of the Contract Documents, the Owner will have authority to require additional inspection or testing of the Work in accordance with Article 18, whether or not such Work is fabricated, installed or completed. If the inspection or testing determines the Work is non-conforming, the Design-Builder shall be responsible for such inspection or testing expense. However, neither this authority of the Owner nor a decision made in good faith either to exercise or not to exercise such authority will give rise to a duty or responsibility of the Owner to the Design-Builder, Design-Builder’s licensed design professionals, consultants, subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the Work (of any tier). 2.2.5 The Design-Builder will submit draft Change Orders and Work Orders to the Owner for consideration. The Owner will prepare Change Orders and Work Orders as provided in Paragraphs 8.1 and 8.2. 2.2.6 Upon request by the Design-Builder, the Owner will conduct inspections to determine the date(s) of Substantial Completion and the date of Final Completion and Acceptance. The Design-Builder will submit to the Owner for review written warranties, electronic data and other documents required by this Contract. The Owner will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.2.7 Interpretations and decisions of the Owner will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of Drawings. When making such interpretations and decisions, the Owner will not be liable for results of interpretations or decisions so rendered in good faith.

ADMINISTRATION OF THE CONTRACT. 2.2.1 At all times the Design-Builder Contractor will provide Owner with full and adequate access to the Work, whether on or off site, so that Owner can become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, the Owner will not be required to make exhaustive or continuous on-site inspections as to the quality or quantity of the Work. The Design-Builder Contractor will provide the Owner’s personnel training and use of equipment on site to facilitate inspections. 2.2.2 The Owner will not have control over, be in charge of, or be responsible for coordination, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Design-BuilderContractor’s responsibility. In the event the Owner implements an Owner Controlled Insurance Program (OCIP) on this ProjectHowever, the Owner may reserves the right to implement a safety program that the Design-Builder Contractor will follow and coordinate. In the event the safety program adds additional costs to the Contractor, the Contractor may make a claim for the costs. 2.2.3 The Owner will not be responsible for the Design-BuilderContractor’s failure to carry out the Work in accordance with the Contract Documents. The Owner will not have control over, be in charge of, or be responsible for acts or omissions of the Design-BuilderContractor, Design-BuilderContractor’s licensed design professionals, consultants, subcontractors, or any of their agents or employees, or of any other persons performing portions of the Work. 2.2.4 The Owner will have authority to reject Work which does not conform to the Contract Documents. Whenever the Owner considers it necessary or advisable for implementation of the intent of the Contract Documents, the Owner will have authority to require additional inspection or testing of the Work in accordance with Article 18, whether or not such Work is fabricated, installed or completed. If the inspection or testing determines the Work is non-conforming, the Design-Builder Contractor shall be responsible for such inspection or testing expense. If the inspection or testing determines the Work is conforming, the Owner shall be responsible for such inspection or testing expense. However, neither this authority of the Owner nor a decision made in good faith either to exercise or not to exercise such authority will give rise to a duty or responsibility of the Owner to the Design-BuilderContractor, Design-BuilderContractor’s licensed design professionals, consultants, subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the Work (of any tier). 2.2.5 The Design-Builder Contractor will submit draft Change Orders and Work Orders to the Owner for consideration. The Owner will prepare Change Orders and Work Orders as provided in Paragraphs 8.1 and 8.2. 2.2.6 Upon request by the Design-BuilderContractor, the Owner will conduct inspections to determine the date(s) of Substantial Completion and the date of Final Completion and Acceptance. The Design-Builder Contractor will submit to the Owner for review written warranties, electronic data and other documents required by this Contract. The Owner will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.2.7 Interpretations and decisions of the Owner will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of Drawings. When making such interpretations and decisions, the Owner will not be liable for results of interpretations or decisions so rendered in good faith.