Common use of Constructability Review Clause in Contracts

Constructability Review. If indicated in the Task Order for an Assigned Project, at the intervals noted in the Task Order, the CM shall conduct Constructability Reviews of the Design Documents to ascertain whether the Assigned Project, as depicted in the Design Documents: (i) accurately and completely reflect the District’s use/occupancy and Project Budget objectives for the Assigned Project; and (ii) the Design Documents for the Assigned Project are free of errors, omissions, conflicts, or other deficiencies that are patently observable so that the Contractor(s) can construct the Assigned Project as depicted in the Design Documents without delays, disruptions or additional costs resulting from errors, omissions, conflicts or other deficiencies in the Design Documents (“Constructability Reviews”). It is recognized that the CM’s Constructability Reviews are made in its capacity as a construction manager and not as a licensed design professional. The foregoing notwithstanding, the CM’s capacity as a construction manager shall not limit, condition modify or other impair/reduce the CM’s obligations relating to Constructability Reviews as set forth in this Agreement. The scope of the CM’s Constructability Reviews shall include: (i) confirmation that the various components of Design Documents prepared by the Architect and its Design Consultants have been coordinated and are consistent with each other so as to eliminate conflicts within or between components of the Design Documents; (ii) confirmation that there are no errors, omissions or other deficiencies in the Design Documents except for compliance with code requirements, design or engineering calculations, specified dimensions, and the sufficiency of the Architect’s design of building systems including but not limited to roofing, building skin, mechanical, electrical, data, fire alarm and security to perform as intended. The CM’s Constructability Reviews do not supersede the responsibility of the Architect to provide correct and coordinated Design Documents for the Assigned Project. The CM shall submit written Constructability Review comments (“Constructability Comments”) to the District Representative for review and consideration by the District. The District shall have the sole and exclusive discretion to accept some, all or none of the CM’s Constructability Comments. If the District accepts any of the CM’s Constructability Comments, the CM shall review the Design Documents modified by the Architect for confirmation that the District accepted Constructability Comments are incorporated into the Design Documents issued on behalf of the District for bidding and construction by Contractors. If the CM determines that the Architect has not incorporated into the Design Documents the Constructability Comments accepted by the District, the CM shall advise the District of measures to ensure that the Design Documents issued for bidding by Contractors incorporate the District accepted Constructability Comments. The CM shall implement such measures as directed or authorized by the District.

Appears in 3 contracts

Samples: Master Agreement for Project and Construction Management Services, Master Agreement for Project and Construction Management Services, Master Agreement for Project and Construction Management Services

AutoNDA by SimpleDocs

Constructability Review. If indicated in Concurrently with the Task Order for an Assigned Project, at CM’s review of the intervals noted in Design Documents as to the Task OrderValue Engineering analysis, the CM shall conduct Constructability Reviews of review the Design Documents to ascertain whether the Assigned Project, as depicted in the Design Documents: (i) accurately and completely reflect , reflects the DistrictOwner’s use/occupancy and Project Budget objectives for the Assigned Project; and (ii) the Design Documents for the Assigned Project are free of errors, omissions, conflicts, or other deficiencies that are patently observable so that the Contractor(s) can construct the Assigned Project as depicted in the Design Documents without delays, disruptions or additional costs resulting from errors, omissions, conflicts or other deficiencies in the Design Documents (“Constructability Reviews”). It is recognized that the CM’s Constructability Reviews are made in its capacity as a construction manager and not as a licensed design professional. The foregoing notwithstanding, the CM’s capacity as a construction manager shall not limit, condition modify or other impair/reduce the CM’s obligations relating to Constructability Reviews as set forth in this Agreementobjectives. The scope of the CM’s Constructability Reviews constructability reviews shall include: (ia) confirmation that requirements noted in the Design Documents are consistent with and conform to the Owner’s Project requirements; (b) confirmation that the various components of Design Documents prepared by the Architect and its Design Consultants have been coordinated and are consistent with each other so as to eliminate conflicts within or between components of the Design Documents; and (iic) confirmation that from a CM’s perspective and professional standard of care, there are no errors, omissions or other constructability deficiencies in the Design Documents except for compliance with code requirements, design or engineering calculations, specified dimensions, and the sufficiency of the Architect’s design of building systems including but not limited to roofing, building skin, mechanical, electrical, data, fire alarm and security to perform as intended. The CM’s Constructability Reviews do not supersede the responsibility of the Architect to provide correct and coordinated Design Documents for the Assigned ProjectDocuments. The CM shall submit written Constructability Review comments (“Constructability Comments”) to the District Representative Owner's Representatives within thirty (30) days of the Notice to Proceed and throughout the different phases of design and milestones for review and consideration by the District. The District First Component of the Project Owner shall have the sole and exclusive discretion to accept some, all or none of the CM’s Constructability Review Comments. If the District Owner accepts any of the CM’s Constructability Review Comments, the CM shall review the Design Documents modified by the Architect for confirmation that the District Owner accepted Constructability Review Comments are incorporated into the Design Documents issued on behalf of the District Owner for bidding and construction by Trade Contractors. If the CM determines that the Architect has not incorporated into the Design Documents the Constructability Review Comments accepted by the DistrictOwner, the CM shall advise the District Owner of measures to ensure that the Design Documents issued for bidding by Trade Contractors incorporate the District Owner accepted Constructability Review Comments. The CM shall implement such measures to obtain the Architect’s compliance as directed or authorized by the DistrictOwner.

Appears in 2 contracts

Samples: Construction Management Services Agreement, Construction Management Services Agreement

Constructability Review. If indicated in the Task Order for an Assigned Project, at the intervals noted in the Task Order, the CM shall conduct Constructability Reviews of the Design Documents to ascertain whether the Assigned Project, as depicted in the Design Documents: : (i) accurately and completely reflect the District’s use/occupancy and Project Budget objectives for the Assigned Project; and (ii) the Design Documents for the Assigned Project are free of errors, omissions, conflicts, or other deficiencies that are patently observable so that the Contractor(s) can construct the Assigned Project as depicted in the Design Documents without delays, disruptions or additional costs resulting from errors, omissions, conflicts or other deficiencies in the Design Documents (“Constructability Reviews”). It is recognized that the CM’s Constructability Reviews are made in its capacity as a construction manager and not as a licensed design professional. The foregoing notwithstanding, the CM’s capacity as a construction manager shall not limit, condition modify or other impair/reduce the CM’s obligations relating to Constructability Reviews as set forth in this Agreement. The scope of the CM’s Constructability Reviews shall include: (i) confirmation that the various components of Design Documents prepared by the Architect and its Design Consultants have been coordinated and are consistent with each other so as to eliminate conflicts within or between components of the Design Documents; (ii) confirmation that there are no errors, omissions or other deficiencies in the Design Documents except for compliance with code requirements, design or engineering structural calculations, specified dimensions, and the sufficiency of the Architect’s design of building systems including but not limited to roofing, building skin, mechanical, electrical, data, fire alarm and security to perform as intended. The CM’s Constructability Reviews do not supersede the responsibility of the Architect to provide correct and coordinated Design Documents for the Assigned Project. The CM shall submit written Constructability Review comments (“Constructability Comments”) to the District Representative for review and consideration by the District. The District shall have the sole and exclusive discretion to accept some, all or none of the CM’s Constructability Comments. If the District accepts any of the CM’s Constructability Comments, the CM shall review the Design Documents modified by the Architect for confirmation that the District accepted Constructability Comments are incorporated into the Design Documents issued on behalf of the District for bidding and construction by Contractors. If the CM determines that the Architect has not incorporated into the Design Documents the Constructability Comments accepted by the District, the CM shall advise the District of measures to ensure that the Design Documents issued for bidding by Contractors incorporate the District accepted Constructability Comments. The CM shall implement such measures as directed or authorized by the District.

Appears in 1 contract

Samples: Master Agreement for Project and Construction Management Services

Constructability Review. If indicated in the Task Order for an Assigned Project, at the intervals noted in the Task Order, the The CM shall conduct Constructability Reviews of review the Design Documents to ascertain whether the Assigned Project, as depicted in the Design Documents: : (ia) accurately and completely reflect the District’s use/occupancy and Owner's Project Budget objectives for the Assigned Projectobjectives; and (iib) the Project Design Documents for the Assigned Project are free of errors, omissions, conflicts, or other deficiencies that are patently observable so that the Contractor(s) Trade Contractors can construct the Assigned Project as depicted in the Design Documents without delays, disruptions or additional costs resulting from errors, omissions, conflicts or other deficiencies in the Design Documents (“Constructability Reviews”). It is recognized that the CM’s Constructability Reviews are made in its capacity as a construction manager and not as a licensed design professional. The foregoing notwithstanding, the CM’s capacity as a construction manager shall not limit, condition modify or other impair/reduce the CM’s obligations relating to Constructability Reviews as set forth in this AgreementDocuments. The scope of the CM’s Constructability Reviews 's constructability reviews shall include: , without limitation: (ia) confirmation that requirements noted in the Design Documents are consistent with and conform to the Owner's Project requirements; (b) confirmation that the various components of Design Documents prepared by the Architect and its Design Consultants have been coordinated and are consistent with each other so as to eliminate conflicts within or between components of the Design Documents; (iic) confirmation from a CM’s perspective and professional standard of care, that there are no errors, omissions or other deficiencies in the Design Documents except for compliance excluding latent structural design defects, the liability of which shall remain with code requirements, design or engineering calculations, specified dimensions, and the sufficiency of the Architect’s design of building systems including but not limited to roofing, building skin, mechanical, electrical, data, fire alarm and security to perform as intended. The CM’s Constructability Reviews do not supersede the responsibility of the Architect to provide correct and coordinated Design Documents for the Assigned Project. The CM shall submit written Constructability Review comments (“Constructability Comments”) to the District Representative for review and consideration Owner's Representatives within fifteen (15) calendar days, or such other time as mutually agreed by the Districtparties, of the date of this Agreement. The District Owner shall have the sole and exclusive discretion to accept some, all or none of the CM’s 's Constructability Review Comments. If the District Owner accepts any of the CM’s 's Constructability Review Comments, the CM shall review the Design Documents modified by the Architect for confirmation that the District Owner accepted Constructability Review Comments are incorporated into the Design Documents issued on behalf of the District Owner for bidding and construction by Trade Contractors. If the CM determines that the Architect has not incorporated into the Design Documents the Constructability Review Comments accepted by the DistrictOwner, the CM shall advise the District Owner of measures to ensure that the Design Documents issued for bidding by Trade Contractors incorporate the District Owner accepted Constructability Review Comments. The CM shall implement such measures as directed or authorized by the District.

Appears in 1 contract

Samples: Construction Management Services Agreement

AutoNDA by SimpleDocs

Constructability Review. If indicated in The Construction Manager’s review of the Task Order for an Assigned Project, design documents shall include participation with the Constructability review at the intervals noted in 90% Contract Documents submissions. The Construction Manager shall review the Task Order, the CM shall conduct Constructability Reviews of the Design Documents design documents to ascertain whether the Assigned Project, as depicted in the Design Documents: design documents: (ia) accurately and completely reflect the District’s use/occupancy and 's Project Budget objectives for the Assigned Projectrequirements; and (iib) the Design Documents for the Assigned Project are design documents appear to be free of errors, omissions, conflicts, or other deficiencies that are patently observable so that the Contractor(s) can construct the Assigned Project as depicted in the Design Documents design documents may be constructed without delays, disruptions or additional costs resulting from errors, omissions, conflicts or other deficiencies in the Design Documents (“Constructability Reviews”). It is recognized that the CM’s Constructability Reviews are made in its capacity as a construction manager and not as a licensed design professional. The foregoing notwithstanding, the CM’s capacity as a construction manager shall not limit, condition modify or other impair/reduce the CM’s obligations relating to Constructability Reviews as set forth in this Agreementdocuments. The scope of the CM’s Constructability Reviews Construction Manager's constructability reviews shall include: , (ia) confirmation written opinion that requirements noted in the design documents are consistent with and conform to the District's Project requirements; (b) written opinion that the various components of Design Documents design documents prepared by the Architect and its Design Consultants design consultants have been coordinated and are consistent with each other so as to eliminate conflicts within or between components of the Design Documentsdesign documents; and (iic) confirmation opinion that there are appear to be no errors, omissions or other deficiencies in the Design Documents except for compliance with code requirements, design or engineering calculations, specified dimensions, and the sufficiency of the Architect’s design of building systems including but not limited to roofing, building skin, mechanical, electrical, data, fire alarm and security to perform as intendeddocuments. The CM’s Constructability Reviews do not supersede the responsibility of the Architect to provide correct and coordinated Design Documents for the Assigned Project. The CM Construction Manager shall submit written review comments ("Constructability Review comments (“Constructability Comments") to the District Representative for review District's representatives. It is understood and consideration agreed to by both parties that no Constructability Review can identify all potential conflicts, errors and omissions in complex construction documents and specifications, and that the DistrictConstruction Manager’s opinions and recommendations cannot be interpreted as a guarantee or warranty. The District shall have the sole and exclusive discretion to accept some, all or none of the CM’s Construction Manager's Constructability Review Comments. If the District accepts any of the CM’s Construction Manager's Constructability Review Comments, the CM Construction Manager shall review the Design Documents design documents modified by the Architect for confirmation that the District accepted Constructability Review Comments are incorporated into the Design Documents issued on behalf of the District for bidding and construction by Contractorsdesign documents. If the CM Construction Manager determines that the Architect has not incorporated into the Design Documents design documents the Constructability Review Comments accepted by the District, the CM Construction Manager shall advise the District of measures to ensure that the Design Documents issued for bidding by Contractors design documents incorporate the District accepted Constructability Review Comments. The CM Construction Manager shall implement such measures as directed or authorized by the District.. Constructability Reviews conducted will not alleviate the A/E of Record of their contractual obligation to provide complete and accurate construction documents;

Appears in 1 contract

Samples: Construction Management Services Agreement

Constructability Review. If indicated in a) Provide plan review comments of Design Documents during Schematic Design and Design Development Phases to determine conformity with the Task Order for an Assigned Project, at general scope of Work identified by the intervals noted in the Task OrderDistrict, the CM shall conduct Constructability Reviews District’s construction standards and design guidelines, the Architect’s professional standard of care, and for clarity, consistency and coordination of the various components of the Design Documents. Advise on site use and improvements, selection of materials, building systems and equipment and methods of project delivery. Provide recommendations on relative feasibility of construction methods, availability of materials and labor, time requirements for procurement, installation and construction, and factors related to cost including, but not limited to, costs of alternative designs of materials, preliminary budgets and possible economics. b) Perform a constructability review of Design Documents at 30% and at 80% completion of the Construction Document phase to ascertain whether determine conformity with the Assigned Projectgeneral scope of Work identified by the District, as depicted in the District's construction standards and design guidelines, the Architect's professional standard of care, and for clarity, consistency and coordination of the various components of the Design Documents: (i) accurately . CM shall maintain a written log or other documentation of comments, recommendations or other notations generated in the course of its constructability review, and completely reflect all such materials shall be available to the District for review or reproduction upon the District’s use/occupancy 's reasonable request. Upon completion of its constructability review, CM shall provide the District with a comprehensive final report on a sheet-by-sheet basis of its review, findings and Project Budget objectives recommendations. In consultation with the District, a determination will be made by the CM for the Assigned Project; and (ii) items reflected in its final constructability report which are to be incorporated into the Design Documents. CM will thereafter monitor the Architect's revisions of the Design Documents for the Assigned Project purpose of ensuring that constructability review comments and recommendations are free accurately and completely incorporated into the Design Documents. c) The constructability review conducted by CM xxxxxxxxx is distinguished from the actions, responsibilities and work product of errorsthe Architect; CM's constructability review and the comments or recommendations resulting therefrom are advisory to the District and the Architect. The CM's constructability review shall, omissionshowever, conflicts, or other deficiencies that are patently observable so represent CM's best professional judgment that the Contractor(sDesign Documents meet the scope of Work, design and construction guidelines established by the District for the Project or by applicable, law, code, regulation or ordinance and are suitable for bidding and construction. Subject to the foregoing limitations, by performing the constructability review and its comments or recommendations resulting therefrom, CM shall not be deemed to have assumed responsibility for the Project design or the contents of the Design Documents. d) can construct CM shall provide value analysis of the Assigned Design Documents prepared in the Schematic Design Phase and the Construction Documents Phase of the Architect's Contract with the District for the Project and the proposed materials, equipment, systems and other items depicted therein to evaluate and make recommendations to the District for alternatives, deletions or amendments which pertain to anticipated construction costs, useful life, maintenance and operational costs or efficiency of operations. CM shall provide the District with written value analysis recommendations, cost/benefit analyses of value engineering recommendations and in consultation with the District, determine the extent to which the CM's value analysis recommendations are to be incorporated into the Design Documents. Where value analysis recommendations are to be incorporated into the Design Documents, CM shall monitor the Architect's incorporation of such recommendations to ensure that they are completely and accurately incorporated into the Design Documents. Value analysis recommendations shall represent CM's best professional judgment that the form, fit and function of various items and components as depicted in the Design Documents without delays, disruptions or additional costs resulting from errors, omissions, conflicts or other deficiencies in the Design Documents (“Constructability Reviews”). It is recognized are not materially affected by such recommendations and that the CM’s Constructability Reviews are made in its capacity as a District will be benefited by incorporation of such recommendations by reduced construction manager costs, reduced operational costs or maintenance costs and/or extended useful life. e) Review the Architect's 100% contract document submission and not as a licensed design professional. The foregoing notwithstanding, provide written comments on the CM’s capacity as a construction manager shall not limit, condition modify or other impair/reduce the CM’s obligations relating to Constructability Reviews as set forth in this Agreement. The scope coordination of the CM’s Constructability Reviews shall include: (i) confirmation that the various components of Design Documents prepared by the Architect and its Design Consultants have been coordinated and are consistent with each other so as to eliminate conflicts within or between components of the Design Documents; (ii) confirmation that there are no errorsdisciplines, omissions or other deficiencies in the Design Documents except for compliance with code requirementsincluding civil, design or engineering calculationsstructural, specified dimensions, and the sufficiency of the Architect’s design of building systems including but not limited to roofing, building skinarchitectural, mechanical, electrical, dataHVAC, fire alarm plumbing, and security to perform as intended. The CM’s Constructability Reviews do not supersede the responsibility of the Architect to provide correct and coordinated Design Documents for the Assigned Project. The CM shall submit written Constructability Review comments (“Constructability Comments”) to the District Representative for review and consideration by the District. The District shall have the sole and exclusive discretion to accept some, all or none of the CM’s Constructability Comments. If the District accepts any of the CM’s Constructability Comments, the CM shall review the Design Documents modified by the Architect for confirmation that the District accepted Constructability Comments are incorporated into the Design Documents issued on behalf of the District for bidding and construction by Contractors. If the CM determines that the Architect has not incorporated into the Design Documents the Constructability Comments accepted by the District, the CM shall advise the District of measures to ensure that the Design Documents issued for bidding by Contractors incorporate the District accepted Constructability Comments. The CM shall implement such measures as directed or authorized by the Districtlandscape.

Appears in 1 contract

Samples: Construction Management Services Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!