Common use of Construction Administration Phase – Obligations During Construction Clause in Contracts

Construction Administration Phase – Obligations During Construction. Following the execution of the Owner-CM at Risk Agreement, the Designer shall undertake certain of the obligations of administering the Owner-CM at Risk Agreement on behalf of the Owner, provided that Designer shall not be subject to provisions of the Owner-CM at Risk Agreement that would have the effect of expanding Designer’s responsibilities or liabilities under this Contract without Designer’s written consent. Services during this phase include, but are not necessarily limited to: 7.9.1 Upon commencement of construction activities for the Work or early bid packages or at times established in Project schedules, the Designer shall: (a) Furnish the CM at Risk with information for establishing lines and grades and such supplemental drawings as are reasonably needed to implement the intent of the Construction Contract Documents; (b) With reasonable promptness and in accordance with schedules agreed upon by the Designer and CM at Risk, observe testing when required under this Contract, and review and act upon samples, schedules, shop drawings and other submissions from the CM at Risk; (c) Prepare, maintain and update logs for all submittals; (d) Visit the site at intervals appropriate to the stage of construction, weekly or as otherwise agreed to by the parties, and observe the progress of the Work, issue written progress reports, and attend job meetings, and review and respond to meeting minutes prepared by the Owner’s Project Manager, and to determine in general if the Work observed is being built in a manner indicating the Work when completed will be in accordance with approved Construction Contract Documents; (e) Collaborate with the on-site Project Representative of the OPM to identify and monitor issues of concern relative to the progress of the Work, and establish communications processes to help assure that matters of mutual concern are exchanged on a timely basis with one another, the OPM, CM at Risk, Commissioning Consultant, and Owner; (f) On a weekly basis, make specific recommendations on rejection of any Work observed by the Designer that fails to conform to the Construction Contract Documents, and observe corrected Work; (g) Require each Subconsultant engaged in accordance with Article 5 to make visits weekly or as otherwise agreed to by the parties during the progress of any work to which that Subconsultant 's services relate, and to report upon it in writing to the Designer; (h) Recommend actions to be taken which may include condemnation or rejection of any work that the Designer determines fails to conform to the Owner- CM at Risk Agreement; (i) Review and recommend appropriate action for proposed requests for changes and where required by the Owner, prepare documents associated with requests for a change in any Construction Contract Documents. Compensation for change order work by the Designer shall be determined in accordance with Article 10; (j) Conduct semi-final and final inspections of the Project and report the results of such inspections in writing to the Owner; (k) In association with the Commissioning Consultant, review the report by such Commissioning Consultant on the balancing of air and water circulation systems; (l) In association with the Commissioning Consultant, review the report by such Commissioning Consultant on the setting and adjustment of automatic controls; (m) In a timely manner, decide all questions regarding interpretation of, or compliance with, the Construction Contract Documents, except as the Owner may in writing otherwise determine; (n) In association with the Commissioning Consultant, review the recommendations of such Commissioning Consultant for requirements upon operating and maintenance documents and building user training events and instructional media as established in the Construction Contract Documents; such Commissioning Consultant or OPM shall coordinate involvement of contracting parties, the Designer, and Owner; (o) Furnish the Record Drawings as submitted by the CM at Risk in accordance with 7.9.3, and other required documents; (p) Assist the Owner in providing the written CM at Risk Evaluations required of the Owner pursuant to M.G.L. c.149 §44D(7) at the completion of approximately 50% of the Construction Phase on forms prescribed by M.G.L. c.149 §44D(16); (q) Perform inspections of the work as necessary to prepare a punch list identifying each incomplete or deficient Work item and performing re- inspections to authorize removal of satisfactorily completed Work items from the punch list, or to determine that the Project is complete. In association with the OPM, a cost shall be assigned to each incomplete or deficient Work item when it has been determined that the Project has reached Substantial Completion; and (r) Receive from the CM at Risk all maintenance and operating manuals, occupancy permits, guarantees and other similar relevant materials.

Appears in 2 contracts

Samples: Contract for Designer Services, Designer Services Contract

AutoNDA by SimpleDocs

Construction Administration Phase – Obligations During Construction. Following the execution of the Owner-CM at Risk Contractor Agreement, the Designer shall undertake certain of the obligations of administering the Owner-CM at Risk Contractor Agreement on behalf of the Owner, provided that Designer shall not be subject to provisions of the Owner-CM at Risk Owner- Contractor Agreement that would have the effect of expanding Designer’s responsibilities or liabilities under this Contract without Designer’s written consent. Services during this phase include, but are not necessarily limited to: 7.9.1 7.8.1 Upon commencement the award of construction activities for the Work or early bid packages or at times established in Project schedulesOwner-Contractor Agreement, the Designer shall: (a) Furnish the CM at Risk General Contractor with information for establishing lines and grades and such supplemental drawings as are reasonably needed to implement the intent of the Construction Contract Documents; (b) With reasonable promptness and in accordance with schedules agreed upon by the Designer and CM at RiskContractor, observe testing when required under this Contract, and review and act upon samples, schedules, shop drawings and other submissions from the CM at RiskGeneral Contractor; (c) Prepare, maintain and update logs for all submittals; (d) Visit the site at intervals appropriate to the stage of construction, weekly or as otherwise agreed to by the parties, and observe the progress of the Work, issue written progress reports, and attend job meetings, and review and respond to meeting minutes prepared by the Owner’s Project Manager, and to determine in general if the Work observed is being built in a manner indicating the Work when completed will be in accordance with approved Construction Contract Documents;. (e) Collaborate with the on-site Project Representative of the OPM to identify and monitor issues of concern relative to the progress of the Work, and establish communications processes to help assure that matters of mutual concern are exchanged on a timely basis with one another, the OPM, CM at Risk, Commissioning Consultant, and Owner; (f) On a weekly basis, make specific recommendations on rejection of any Work observed by the Designer that fails to conform to the Construction Contract Documents, and observe corrected Work; (g) Require each Subconsultant engaged in accordance with Article 5 to make visits weekly or as otherwise agreed to by the parties during the progress of any work to which that Subconsultant 's services relate, and to report upon it in writing to the Designer; (h) Recommend actions to be taken which may include condemnation or rejection of any work that the Designer determines fails to conform to the Owner- CM at Risk Contractor Agreement; (i) Review and recommend appropriate action for proposed requests for changes and where required by the Owner, prepare documents associated with requests for a change in any Construction Contract Documents. Compensation for change order work by the Designer shall be determined in accordance with Article 10;. (j) Conduct semi-final and final inspections of the Project and report the results of such inspections in writing to the Owner; (k) In association with the Owner’s Commissioning Consultant, review the report by such Commissioning Consultant on the balancing of air and water circulation systems; (l) In association with the Owner’s Commissioning Consultant, review the report by such Commissioning Consultant on the setting and adjustment of automatic controls; (m) In a timely manner, decide all questions regarding interpretation of, or compliance with, the Construction Contract Documents, except as the Owner may in writing otherwise determine; (n) In association with the Owner’s Commissioning Consultant, review the recommendations of such Commissioning Consultant for requirements upon operating and maintenance documents and building user training events and instructional media as established in the Construction Contract Documents; such Commissioning Consultant or OPM shall coordinate involvement of contracting parties, the Designer, and Owner;. (o) Furnish the Record Drawings as submitted by the CM at Risk General Contractor in accordance with 7.9.37.8.3, and other required documents; (p) Assist the Owner in with providing the written CM at Risk Contractor Evaluations required of the Owner pursuant to M.G.L. c.149 §44D(7) at the completion of approximately 50% of the Construction Phase on forms prescribed by M.G.L. c.149 §44D(16); (q) Perform inspections of the work as necessary to prepare a punch list identifying each incomplete or deficient Work item and performing re- inspections to authorize removal of satisfactorily completed Work items from the punch list, or to determine that the Project is complete. In association with the OPM, a cost shall be assigned to each incomplete or deficient Work item when it has been determined that the Project has reached Substantial Completion; and (r) Receive from the CM at Risk all maintenance and operating manuals, occupancy permits, guarantees and other similar relevant materials.M.G.L.

Appears in 1 contract

Samples: Designer Services Contract

Construction Administration Phase – Obligations During Construction. Following the execution of the Owner-CM at Risk Contractor Agreement, the Designer shall undertake certain of the obligations of administering the Owner-CM at Risk Contractor Agreement on behalf of the Owner, provided that Designer shall not be subject to provisions of the Owner-CM at Risk Contractor Agreement that would have the effect of expanding Designer’s responsibilities or liabilities under this Contract without Designer’s written consent. Services during this phase include, but are not necessarily limited to: 7.9.1 7.8.1 Upon commencement of construction activities for the Work or early bid packages or at times established in Project schedules, the Designer shall: (a) Furnish the CM at Risk General Contractor with information for establishing lines and grades and such supplemental drawings as are reasonably needed to implement the intent of the Construction Contract Documents; (b) With reasonable promptness and in accordance with schedules agreed upon by the Designer and CM at RiskContractor, observe testing when required under this Contract, and review and act upon samples, schedules, shop drawings and other submissions from the CM at RiskGeneral Contractor; (c) Prepare, maintain and update logs for all submittals; (d) Visit the site at intervals appropriate to the stage of construction, weekly or as otherwise agreed to by the parties, and observe the progress of the Work, issue written progress reports, and attend job meetings, and review and respond to meeting minutes prepared by the Owner’s Project Manager, and to determine in general if the Work observed is being built in a manner indicating the Work when completed will be in accordance with approved Construction Contract Documents; (e) Collaborate with the on-site Project Representative of the OPM to identify and monitor issues of concern relative to the progress of the Work, and establish communications processes to help assure that matters of mutual concern are exchanged on a timely basis with one another, the OPM, CM at Risk, Commissioning Consultant, and Owner; (f) On a weekly basis, make specific recommendations on rejection of any Work observed by the Designer that fails to conform to the Construction Contract Documents, and observe corrected Work; (g) Require each Subconsultant engaged in accordance with Article 5 to make visits weekly or as otherwise agreed to by the parties during the progress of any work to which that Subconsultant 's services relate, and to report upon it in writing to the Designer; (h) Recommend actions to be taken which may include condemnation or rejection of any work that the Designer determines fails to conform to the Owner- CM at Risk Owner-Contractor Agreement; (i) Review and recommend appropriate action for proposed requests for changes and where required by the Owner, prepare documents associated with requests for a change in any Construction Contract Documents. Compensation for change order work by the Designer shall be determined in accordance with Article 10; (j) Conduct semi-final and final inspections of the Project and report the results of such inspections in writing to the Owner; (k) In association with the Commissioning Consultant, OPM review the report by such Commissioning Consultant on the balancing of air and water circulation systems; (l) In association with the Commissioning ConsultantOPM, review the report by such Commissioning Consultant on the setting and adjustment of automatic controls; (m) In a timely manner, decide all questions regarding interpretation of, or compliance with, the Construction Contract Documents, except as the Owner may in writing otherwise determine; (n) In association with the Commissioning ConsultantOPM, review the recommendations of such Commissioning Consultant requirements for requirements upon operating and maintenance documents and building user training events and instructional media as established in the Construction Contract Documents; such Commissioning Consultant or OPM shall coordinate involvement of contracting parties, the Designer, and Owner; (o) Furnish the Record Drawings as submitted by the CM at Risk General Contractor in accordance with 7.9.37.8.3, and other required documents; (p) Assist the Owner in providing the written CM at Risk Contractor Evaluations required of the Owner pursuant to M.G.L. c.149 §44D(7) at the completion of approximately 50% of the Construction Phase on forms prescribed by M.G.L. c.149 §44D(16); (q) Perform inspections of the work as necessary to prepare a punch list identifying each incomplete or deficient Work item and performing re- re-inspections to authorize removal of satisfactorily completed Work items from the punch list, or to determine that the Project is complete. In association with the OPM, a cost shall be assigned to each incomplete or deficient Work item when it has been determined that the Project has reached Substantial Completion; and (r) Receive from the CM at Risk General Contractor all maintenance and operating manuals, occupancy permits, guarantees and other similar relevant materials.

Appears in 1 contract

Samples: Contract for Design and Construction Administration Services

Construction Administration Phase – Obligations During Construction. Following the execution of the Owner-CM at Risk Agreement, the Designer shall undertake certain of the obligations of administering the Owner-CM at Risk Agreement on behalf of the Owner, provided that Designer shall not be subject to provisions of the Owner-CM at Risk Agreement that would have the effect of expanding Designer’s responsibilities or liabilities under this Contract without Designer’s written consent. Services during this phase include, but are not necessarily limited to: 7.9.1 Upon commencement of construction activities for the Work or early bid packages or at times established in Project schedules, the Designer shall: (a) Furnish the CM at Risk with information for establishing lines and grades and such supplemental drawings as are reasonably needed to implement the intent of the Construction Contract Documents; (b) With reasonable promptness and in accordance with schedules agreed upon by the Designer A/E and CM at RiskContractor, observe testing when required under this Contract, and review and act upon samples, schedules, shop drawings and other submissions from the CM at RiskContractor; (cb) Prepare, maintain maintain, and update logs for all submittals; (dc) Visit the site at intervals appropriate to the stage of construction, weekly or as otherwise agreed to by the parties, and observe the progress of the Work, issue written progress reports, and attend job meetings, and review and respond to prepare meeting minutes prepared by the Owner’s Project Managerminutes, and to determine in general if the Work observed is being built in a manner indicating the Work when completed will be in accordance with approved Construction Contract Documents; (ed) Collaborate with the on-site Project Representative of the OPM Owner to identify and monitor issues of concern relative to the progress of the Work, and establish communications processes to help assure that matters of mutual concern are exchanged on a timely basis with one another, the OPM, CM at RiskContractor, Commissioning Consultant, and Owner; (fe) On a weekly basis, make specific recommendations on rejection of any Work observed by the Designer A/E that fails to conform to the Construction Contract Documents, and observe corrected Work; (gf) Require each Subconsultant engaged in accordance with Article 5 to make visits weekly or as otherwise agreed to by the parties during the progress of any work to which that Subconsultant 's Subconsultant’s services relate, and to report upon it in writing to the DesignerA/E; (hg) Recommend actions to be taken which may include condemnation or rejection of any work that the Designer A/E determines fails to conform to the Owner- CM at Risk Owner-Contractor Agreement; (ih) Review and recommend appropriate action for proposed requests for changes and where required by the Owner, prepare documents associated with requests for a change in any Construction Contract Documents. Compensation for change order work by the Designer A/E shall be determined in accordance with Article 106; (ji) Conduct semi-final and final inspections of the Project and report the results of such inspections in writing to the Owner; (kj) In association with the Commissioning Consultant, review the report by such Commissioning Consultant on the balancing of air and water circulation systems; (lk) In association with the Commissioning Consultant, review the report by such Commissioning Consultant on the setting and adjustment of automatic controls; (ml) In a timely manner, decide all questions regarding interpretation of, or compliance with, the Construction Contract Documents, except as the Owner may in writing otherwise determine; (nm) In association with the Commissioning Consultant, review the recommendations of such Commissioning Consultant for requirements upon operating and maintenance documents and building user training events and instructional media as established in the Construction Contract Documents; such Commissioning Consultant or OPM shall coordinate involvement of contracting parties, the DesignerA/E, and Owner; (on) Furnish the Record Drawings as submitted by the CM at Risk Contractor in accordance with 7.9.37.29(f), and other required documents; (po) Assist the Owner in providing the written CM at Risk Contractor Evaluations required of the Owner pursuant to M.G.L. c.149 §44D(7) at the completion of approximately 50% of the Construction Phase on forms prescribed by M.G.L. c.149 §44D(16); (qp) Perform inspections of the work as necessary to prepare a punch list identifying each incomplete or deficient Work item and performing re- inspections to authorize removal of satisfactorily completed Work items from the punch list, or to determine that the Project is complete. In association with the OPMOwner, a cost shall be assigned to each incomplete or deficient Work item when it has been determined that the Project has reached Substantial Completion; and (rq) Receive from the CM at Risk Contractor all maintenance and operating manuals, occupancy permits, guarantees guarantees, and other similar relevant materials. (r) The A/E shall submit to the Owner’s Contract Manager within 48 hours all requisitions for payment submitted by the Contractor in the form required by the Owner. The A/E may establish procedures with the CM at Risk for advance notification of requisition and/or draft version processing. With respect to each such requisition, the A/E shall certify to the best of its knowledge that the percentage of Work included in the requisition is accurate and that the work performed is in accordance with the Construction Contract Documents. In the event the A/E does not approve the requisition exactly as submitted by the Contractor, the A/E shall forward it for payment to the Owner’s Project Manager dated and signed with corrections and with an accompanying letter of explanation setting forth the A/E’s objections and recommended changes. The A/E shall coordinate the required visits of its own staff and those of its Subconsultants, to the construction site so as to enable it to submit to the Owner the Contractor’s monthly requisition for payment. Timely payments to the Contractor are required by M.G.L. c. 30, § 39K. Therefore, the A/E shall establish procedures to help assure either immediate mail or messenger delivery of the requisition for payment to the Owner, and shall process requisitions for payment within five business days after receipt of the same, provided the Contractor has submitted a full and complete requisition for payment in the correct form. (s) Prior to issuance of the Certificate of Substantial Completion, the A/E shall obtain from the Contractor as-built drawings, including drawings showing the actual installation of the site utilities, plumbing, heating, ventilating, and electrical work under the Owner- Contractor Agreement, and recording all changes. The A/E shall ascertain that changes authorized by change orders are shown on the Contractor’s as-built drawings, but A/E shall be entitled to rely upon the accuracy and completeness of the Contractor’s as-built information, and shall forward such to the Owner as Record Drawings. (t) Issue the Certificate of Substantial Completion of Construction. (u) The A/E shall meet with the Owner weekly during this Phase.

Appears in 1 contract

Samples: Professional Services

AutoNDA by SimpleDocs

Construction Administration Phase – Obligations During Construction. Following the execution of the Owner-CM at Risk Agreement, the Designer shall undertake certain of the obligations of administering the Owner-CM at Risk Agreement on behalf of the Owner, provided that Designer shall not be subject to provisions of the Owner-CM at Risk Agreement that would have the effect of expanding Designer’s responsibilities or liabilities under this Contract without Designer’s written consent. Services during this phase include, but are not necessarily limited to: 7.9.1 7.8.1 Upon commencement of construction activities for the Work or early bid packages or at times established in Project schedules, the Designer shall: (a) Furnish the CM at Risk General Contractor with information for establishing lines and grades and such supplemental drawings as are reasonably needed to implement the intent of the Construction Contract Documents; (b) With reasonable promptness promptness, and in accordance with schedules agreed upon by the Designer and CM at RiskContractor, observe testing when required under this Contract, and review and act upon samples, schedules, shop drawings drawings, and other submissions from the CM at RiskGeneral Contractor; (c) Prepare, maintain maintain, and update logs for all submittals; (d) Visit the site at intervals appropriate to the stage of construction, weekly or as otherwise agreed to by the parties, and observe the progress of the Work, issue written progress reports, and attend job meetings, and review and respond to meeting minutes prepared by the Owner’s Project ManagerOPM, and to determine in general if the Work observed is being built in a manner indicating the Work when completed will be in accordance with approved Construction Contract Documents; (e) Collaborate with the on-site Project Representative of the OPM to identify and monitor issues of concern relative to the progress of the Work, and establish communications processes to help assure that matters of mutual concern are exchanged on a timely basis with one another, the OPM, CM at Risk, Commissioning Consultant, and Owner; (f) On a weekly basis, make specific recommendations on rejection of any Work observed by the Designer that fails to conform to the Construction Contract Documents, and observe corrected Work; (g) Require each Subconsultant engaged in accordance with Article 5 to make visits weekly or as otherwise agreed to by the parties during the progress of any work to which that Subconsultant 's services relate, and to report upon it in writing to the Designer; (h) Recommend actions to be taken which may include condemnation or rejection of any work that the Designer determines fails to conform to the Owner- CM at Risk Owner-Contractor Agreement; (i) Review and recommend appropriate action for proposed requests for changes and where required by the Owner, prepare documents associated with requests for a change in any Construction Contract Documents. Compensation for change order work by the Designer shall be determined in accordance with Article 10; (j) Conduct semi-final and final inspections of the Project and report the results of such inspections in writing to the Owner; (k) In association with the Commissioning Consultant, review the report by such Commissioning Consultant on the balancing of air and water circulation systems; (l) In association with the Commissioning Consultant, review the report by such Commissioning Consultant on the setting and adjustment of automatic controls; (m) In a timely manner, decide all questions regarding interpretation of, or compliance with, the Construction Contract Documents, except as the Owner may may, in writing writing, otherwise determine; (n) In association with the Commissioning Consultant, review the recommendations of such Commissioning Consultant for requirements upon operating and maintenance documents and building user training events and instructional media as established in the Construction Contract Documents; such Commissioning Consultant or OPM shall coordinate involvement of contracting parties, the Designer, and Owner; (o) Furnish the Record Drawings as submitted by the CM at Risk General Contractor in accordance with 7.9.37.8.3, and other required documents; (p) Assist the Owner in providing the written CM at Risk Contractor Evaluations required of the Owner pursuant to M.G.L. c.149 §44D(7) at the completion of approximately 50% of the Construction Phase on forms prescribed by M.G.L. c.149 §44D(16); (q) Perform inspections of the work as necessary to prepare a punch list identifying each incomplete or deficient Work item and performing re- re-inspections to authorize removal of satisfactorily completed Work items from the punch list, or to determine that the Project is complete. In association with the OPM, a cost shall be assigned to each incomplete or deficient Work item when it has been determined that the Project has reached Substantial Completion; and (r) Receive from the CM at Risk General Contractor all maintenance and operating manuals, occupancy permits, guarantees and other similar relevant materials. 7.8.2 The Designer shall submit to the OPM within 48 hours all requisitions for payment submitted by the General Contractor in the form required by the Owner. The Designer may establish procedures with the Contractor for advance notification of requisition and/or draft version processing. With respect to each such requisition, the Designer shall certify to the best of its knowledge that the percentage of Work included in the requisition is accurate and that the work performed is in accordance with the Construction Contract Documents. In the event the Designer does not approve the requisition exactly as submitted by the General Contractor, the Designer shall forward it for payment to the Owner’s Project Manager dated and signed with corrections and with an accompanying letter of explanation setting forth the Designer’s objections and recommended changes. The Designer shall coordinate the required visits of its own staff and those of its Subconsultants, to the construction site, so as to enable the Designer to submit to the OPM the General Contractor’s monthly requisition for payment. Timely payments to the Contractor are required by M.G.L. c. 30, § 39K. Therefore, the Designer shall establish procedures to help assure either immediate mail or messenger delivery of the requisition for payment to the OPM, and shall process requisitions for payment within five (5) business days after receipt of the same, provided the Contractor has submitted a full and complete requisition for payment in the correct form. 7.8.3 Prior to issuance of the Certificate of Substantial Completion, the Designer shall obtain from the General Contractor as-built drawings, including drawings showing the actual installation of the site utilities, plumbing, heating, ventilating, and electrical work under the Owner-Contractor Agreement, and recording all changes. The Designer shall ascertain that changes authorized by change orders are shown on the General Contractor’s as-built drawings, but Designer shall be entitled to rely upon the accuracy and completeness of the Contractor’s as-built information, and shall forward such to the Owner as Record Drawings. 7.8.4 Issue the Certificate of Substantial Completion of Construction. 7.8.5 The Designer shall meet with the Owner monthly during this Phase.

Appears in 1 contract

Samples: Designer Services Contract

Construction Administration Phase – Obligations During Construction. Following the execution of the Owner-CM at Risk Contractor Agreement, the Designer shall undertake certain of the obligations of administering the Owner-CM at Risk Contractor Agreement on behalf of the Owner, provided that Designer shall not be subject to provisions of the Owner-CM at Risk Contractor Agreement that would have the effect of expanding Designer’s responsibilities or liabilities under this Contract without Designer’s written consent. Services during this phase include, but are not necessarily limited to: 7.9.1 7.8.1 Upon commencement the award of construction activities for the Work or early bid packages or at times established in Project schedulesOwner-Contractor Agreement, the Designer shall: (a) Furnish the CM at Risk General Contractor with information for establishing lines and grades and such supplemental drawings as are reasonably needed to implement the intent of the Construction Contract Documents; (b) With reasonable promptness and in accordance with schedules agreed upon by the Designer and CM at RiskContractor, observe testing when required under this Contract, and review and act upon samples, schedules, shop drawings and other submissions from the CM at RiskGeneral Contractor; (c) Prepare, maintain and update logs for all submittals; (d) Visit the site at intervals appropriate to the stage of construction, weekly or as otherwise agreed to by the parties, and observe the progress of the Work, issue written progress reports, and attend job meetings, and review and respond to meeting minutes prepared by the Owner’s Project Manager, and to determine in general if the Work observed is being built in a manner indicating the Work when completed will be in accordance with approved Construction Contract Documents;. (e) Collaborate with the on-site Project Representative of the OPM to identify and monitor issues of concern relative to the progress of the Work, and establish communications processes to help assure that matters of mutual concern are exchanged on a timely basis with one another, the OPM, CM at Risk, Commissioning Consultant, and Owner; (f) On a weekly basis, make specific recommendations on rejection of any Work observed by the Designer that fails to conform to the Construction Contract Documents, and observe corrected Work; (g) Require each Subconsultant engaged in accordance with Article 5 to make visits weekly or as otherwise agreed to by the parties during the progress of any work to which that Subconsultant 's Subconsultant’s services relate, and to report upon it in writing to the Designer; (h) Recommend actions to be taken which may include condemnation or rejection of any work that the Designer determines fails to conform to the Owner- CM at Risk Contractor Agreement; (i) Review and recommend appropriate action for proposed requests for changes and where required by the Owner, prepare documents associated with requests for a change in any Construction Contract Documents. Compensation for change order work by the Designer shall be determined in accordance with Article 10;. (j) Conduct semi-final and final inspections of the Project and report the results of such inspections in writing to the Owner; (k) In association with the Owner’s Commissioning Consultant, review the report by such Commissioning Consultant on the balancing of air and water circulation systems; (l) In association with the Owner’s Commissioning Consultant, review the report by such Commissioning Consultant on the setting and adjustment of automatic controls; (m) In a timely manner, decide all questions regarding interpretation of, or compliance with, the Construction Contract Documents, except as the Owner may in writing otherwise determine; (n) In association with the Owner’s Commissioning Consultant, review the recommendations of such Commissioning Consultant for requirements upon operating and maintenance documents and building user training events and instructional media as established in the Construction Contract Documents; such Commissioning Consultant or OPM shall coordinate involvement of contracting parties, the Designer, and Owner;. (o) Furnish the Record Drawings as submitted by the CM at Risk General Contractor in accordance with 7.9.37.8.3, and other required documents; (p) Assist the Owner in with providing the written CM at Risk Contractor Evaluations required of the Owner pursuant to M.G.L. c.149 §44D(7) at the completion of approximately 50% of the Construction Phase on forms prescribed by M.G.L. c.149 §44D(16); (q) Perform inspections of the work as necessary to prepare a punch list identifying each incomplete or deficient Work item and performing re- inspections to authorize removal of satisfactorily completed Work items from the punch list, or to determine that the Project is complete. In association with the OPM, a cost shall be assigned to each incomplete or deficient Work item when it has been determined that the Project has reached Substantial Completion; and (r) Receive from the CM at Risk General Contractor all maintenance and operating manuals, occupancy permits, guarantees and other similar relevant materials.

Appears in 1 contract

Samples: Designer Services Contract

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