Common use of Construction Administration Services Clause in Contracts

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer’s Contract for on Call Services

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Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B851A23C666-E12D-43536F97-93DB-5BCBE76400C0 4DC7-934C-3DF77AF1D011 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85BD0780EF-E12D-4353AEBE-4479-93DB-5BCBE76400C0 94CF-43AB88A8C5EF In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner. 217 Engineer's On-Call PAGE 3 OF 16 V:\ContractAdmin\Public\Documents\Documents 2019\On-Call Contracts\OC-DCS-MEP-0046-0050\OC-DCS-MEP-0048 (217).doc Xxxxxxxx Xx. XX-XXX-XXX-0000 X 000000 XxxxXxxx Envelope ID: 8274D5EF-02D2-46C2-AF13-7B2A9F7031FD DocuSign Envelope ID: 8274D5EF-02D2-46C2-AF13-7B2A9F7031FD DocuSign Envelope ID: 8274D5EF-02D2-46C2-AF13-7B2A9F7031FD DocuSign Envelope ID: 8274D5EF-02D2-46C2-AF13-7B2A9F7031FD I. Should the Engineer require the services of registered consultants at any time during the duration of this contract, their names and qualifications shall be submitted to the State for approval. Such consultants shall provide evidence of their competence by affixing their seals on any drawings or specifications prepared by them or under their supervision. The Engineer shall not receive any additional payment from the State in regard to such consultants unless their services relate to hourly-rate assigned work of the Engineer. In such event, the State shall reimburse the Engineer for the cost of such services and in addition shall also pay the Engineer ten percent (10%) of such cost, or such other percentage deemed reasonable by the Commissioner, for overhead and profit. J. Should it be necessary for the Engineer to engage the services of a test boring firm for the purposes of this contract, the State shall reimburse the Engineer for the cost of such services and in addition shall also pay the Engineer ten percent (10%) of such cost, or such other percentage deemed reasonable by the Commissioner, for overhead and profit. K. If, in the opinion of the State, any special technical service is required which is not usually furnished in engineering practice and which is not included in this contract, either expressed or implied by the nature of the work, then the State shall, in writing, authorize the service and the related cost. The Engineer's selection of the consultant retained in connection therewith is to be submitted for approval. The State shall reimburse the Engineer for the cost of any such services and in addition shall also pay the Engineer ten percent (10%) of such cost, or such other percentage deemed reasonable by the Commissioner, for overhead and profit. L. Should the Engineer personally wish to perform special services as described in Sections J and K, the Engineer shall submit to the State a written quotation of the cost of so performing such services. The quotation shall not include, nor shall the Engineer be paid for, an additional percentage of the cost for overhead and profit. In addition, the Engineer shall arrange to have at least three (3) independent outside sources submit written quotations for the work directly to the State in sealed envelopes. The State shall decide whether to allow the Engineer to perform the work with the Engineer's own forces based on the Engineer's quotation, and shall notify the Engineer accordingly. M. If at any time during the term of any project assigned under this contract the State should require the Engineer to make any substantial change in the size or scope of the work or require any substantial change in plan, design, or specification which shall necessitate the preparation by the Engineer of additional sketches, drawings, or other documents, or the making of substantial changes in any other document already approved, or upon which substantial work had been done pursuant to instruction to proceed, then, and in such event, the Engineer shall prepare the additional documents and make changes as required and shall be entitled to reasonable compensation therefor. The Commissioner shall determine the amount of such compensation and the manner of payment thereof. If the State should require any such substantial changes and if these should result in a change in the amount of the total construction budget for the project, said amount shall be considered changed to an amount determined by the Commissioner. The above notwithstanding, should it be necessary for the Engineer to prepare any such additional documents or make changes in the same for purposes of meeting the budget requirements of the project, and where an increase in the cost of labor and/or materials is not the governing factor, the Engineer shall perform such duties without receiving additional compensation. In addition, if at any time during the term of this contract the State should request the Engineer to reduce the scope of services originally agreed upon for any project assigned under this contract, the Engineer shall then reduce said scope of services, as requested, and the Engineer's fee for such project shall be reduced by a fair and equitable amount determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State;; DocuSign Envelope ID: C771132D-83DE-4B87-9612-699AD89D914D h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85791199B1-E12D-435311C5-93DB-5BCBE76400C0 45F7-A58B-208E40C27C0A In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer Architect shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the EngineerArchitect's established fee, include as much of the EngineerArchitect's professional services and the services of the EngineerArchitect's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the EngineerArchitect's undertaking continuous on-site observation of the work. If the Engineer Architect fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer Architect and the State that the duties of the Engineer Architect shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer Architect shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, meetings as required, at which the Engineer Architect shall, on the basis of the EngineerArchitect's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its it after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the EngineerArchitect, the Engineer Architect shall be paid for any additional services required beyond the 10% construction DocuSign Envelope ID: E7392308-9612-4D41-8DA9-32A9098B661F contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer Architect shall be determined by the Commissioner.

Appears in 1 contract

Samples: Architect's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B851AC88FF6-E12D-4353942B-4606-93DB-5BCBE76400C0 8B06-F0A80C000E64 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer Contractor shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the EngineerContractor's established fee, include as much of the EngineerContractor's professional services and the services of the EngineerContractor's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the EngineerContractor's undertaking continuous on-site observation of the work. If the Engineer Contractor fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer Contractor and the State that the duties of the Engineer Contractor shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer Contractor shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer Contractor shall, on the basis of the EngineerContractor's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85EC47DC1F-E12D-4353C64C-43B9-93DB-5BCBE76400C0 B96D-7DCFB9A62729 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the EngineerContractor, the Engineer Contractor shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer Contractor shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer/Landscape Architect’s Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B850BB95E1C-E12D-4353E5E2-93DB-5BCBE76400C0 4599-8D48-2171DC49A1E5 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85051CEAC2-E12D-43537248-93DB-5BCBE76400C0 49E9-ADDC-0D67E0A787F1 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85A7980230-E12D-4353-93DB-5BCBE76400C0 8A0E-485E-8A9E-913A7D5AF964 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer’s Contract for on Call Services

Construction Administration Services. The Engineer Architect shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the EngineerArchitect's established fee, include as much of the EngineerArchitect's professional services and the services of the EngineerArchitect's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the EngineerArchitect's undertaking continuous on-site observation of the work. If the Engineer Architect fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer Architect and the State that the duties of the Engineer Architect shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer Architect shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, meetings as required, at which the Engineer Architect shall, on the basis of the EngineerArchitect's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its it after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the EngineerArchitect, the Engineer Architect shall be paid for any additional services required beyond the 10% construction DocuSign Envelope ID: 775F6009-5B35-4550-946F-BD939CD167B1 contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer Architect shall be determined by the Commissioner.

Appears in 1 contract

Samples: Architect's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B8548496989-E12D-4353BE09-93DB-5BCBE76400C0 4DDE-A0E2-C697F3B0C26B In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer Architect shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the EngineerArchitect's established fee, include as much of the EngineerArchitect's professional services and the services of the EngineerArchitect's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the EngineerArchitect's undertaking continuous on-site observation of the work. If the Engineer Architect fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer Architect and the State that the duties of the Engineer Architect shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer Architect shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, meetings as required, at which the Engineer Architect shall, on the basis of the EngineerArchitect's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its it after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the EngineerArchitect, the Engineer Architect shall be paid for any additional services required beyond the 10% construction DocuSign Envelope ID: 7357CB25-ACEE-43F9-8156-3495897A69BA contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer Architect shall be determined by the Commissioner.

Appears in 1 contract

Samples: Architect's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85A60D6628-E12D-43539F94-93DB-5BCBE76400C0 4D6A-878A-E2216533B142 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B851A213A49-E12D-4353C531-93DB-5BCBE76400C0 4D32-952B-BAAF332A6B29 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B8523EFBEE2-E12D-43536D57-93DB-5BCBE76400C0 4D3B-B913-4BA9FB6396BA In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner. 217 Engineer's On-Call PAGE 3 OF 16 V:\ContractAdmin\Public\Documents\Documents 2019\On-Call Contracts\OC-DCS-MEP-0046-0050\OC-DCS-MEP-0046 (217).doc Xxxxxxxx Xx. XX-XXX-XXX-0000 X 000000 XxxxXxxx Envelope ID: AECE6D57-4D36-4040-A557-AC57FD443458 DocuSign Envelope ID: AECE6D57-4D36-4040-A557-AC57FD443458 DocuSign Envelope ID: AECE6D57-4D36-4040-A557-AC57FD443458 DocuSign Envelope ID: AECE6D57-4D36-4040-A557-AC57FD443458 DocuSign Envelope ID: AECE6D57-4D36-4040-A557-AC57FD443458 I. Should the Engineer require the services of registered consultants at any time during the duration of this contract, their names and qualifications shall be submitted to the State for approval. Such consultants shall provide evidence of their competence by affixing their seals on any drawings or specifications prepared by them or under their supervision. The Engineer shall not receive any additional payment from the State in regard to such consultants unless their services relate to hourly-rate assigned work of the Engineer. In such event, the State shall reimburse the Engineer for the cost of such services and in addition shall also pay the Engineer ten percent (10%) of such cost, or such other percentage deemed reasonable by the Commissioner, for overhead and profit. J. Should it be necessary for the Engineer to engage the services of a test boring firm for the purposes of this contract, the State shall reimburse the Engineer for the cost of such services and in addition shall also pay the Engineer ten percent (10%) of such cost, or such other percentage deemed reasonable by the Commissioner, for overhead and profit. K. If, in the opinion of the State, any special technical service is required which is not usually furnished in engineering practice and which is not included in this contract, either expressed or implied by the nature of the work, then the State shall, in writing, authorize the service and the related cost. The Engineer's selection of the consultant retained in connection therewith is to be submitted for approval. The State shall reimburse the Engineer for the cost of any such services and in addition shall also pay the Engineer ten percent (10%) of such cost, or such other percentage deemed reasonable by the Commissioner, for overhead and profit. L. Should the Engineer personally wish to perform special services as described in Sections J and K, the Engineer shall submit to the State a written quotation of the cost of so performing such services. The quotation shall not include, nor shall the Engineer be paid for, an additional percentage of the cost for overhead and profit. In addition, the Engineer shall arrange to have at least three (3) independent outside sources submit written quotations for the work directly to the State in sealed envelopes. The State shall decide whether to allow the Engineer to perform the work with the Engineer's own forces based on the Engineer's quotation, and shall notify the Engineer accordingly. M. If at any time during the term of any project assigned under this contract the State should require the Engineer to make any substantial change in the size or scope of the work or require any substantial change in plan, design, or specification which shall necessitate the preparation by the Engineer of additional sketches, drawings, or other documents, or the making of substantial changes in any other document already approved, or upon which substantial work had been done pursuant to instruction to proceed, then, and in such event, the Engineer shall prepare the additional documents and make changes as required and shall be entitled to reasonable compensation therefor. The Commissioner shall determine the amount of such compensation and the manner of payment thereof. If the State should require any such substantial changes and if these should result in a change in the amount of the total construction budget for the project, said amount shall be considered changed to an amount determined by the Commissioner. The above notwithstanding, should it be necessary for the Engineer to prepare any such additional documents or make changes in the same for purposes of meeting the budget requirements of the project, and where an increase in the cost of labor and/or materials is not the governing factor, the Engineer shall perform such duties without receiving additional compensation. In addition, if at any time during the term of this contract the State should request the Engineer to reduce the scope of services originally agreed upon for any project assigned under this contract, the Engineer shall then reduce said scope of services, as requested, and the Engineer's fee for such project shall be reduced by a fair and equitable amount determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B858C0EDEAB-E12D-4353F398-93DB-5BCBE76400C0 44EE-BCEB-4CE2B1371AF7 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer’s Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner. 217 Engineer's On-Call PAGE 3 OF 16 V:\ContractAdmin\Public\Documents\Documents 2019\On-Call Contracts\OC-DCS-MEP-0046-0050\OC-DCS-MEP-0047 (217).doc Xxxxxxxx Xx. XX-XXX-XXX-0000 X 000000 XxxxXxxx Envelope ID: 7B1830DA-47FB-49E6-8606-334E4D1D4DA3 DocuSign Envelope ID: 7B1830DA-47FB-49E6-8606-334E4D1D4DA3 DocuSign Envelope ID: 7B1830DA-47FB-49E6-8606-334E4D1D4DA3 DocuSign Envelope ID: 7B1830DA-47FB-49E6-8606-334E4D1D4DA3 DocuSign Envelope ID: 7B1830DA-47FB-49E6-8606-334E4D1D4DA3 I. Should the Engineer require the services of registered consultants at any time during the duration of this contract, their names and qualifications shall be submitted to the State for approval. Such consultants shall provide evidence of their competence by affixing their seals on any drawings or specifications prepared by them or under their supervision. The Engineer shall not receive any additional payment from the State in regard to such consultants unless their services relate to hourly-rate assigned work of the Engineer. In such event, the State shall reimburse the Engineer for the cost of such services and in addition shall also pay the Engineer ten percent (10%) of such cost, or such other percentage deemed reasonable by the Commissioner, for overhead and profit. J. Should it be necessary for the Engineer to engage the services of a test boring firm for the purposes of this contract, the State shall reimburse the Engineer for the cost of such services and in addition shall also pay the Engineer ten percent (10%) of such cost, or such other percentage deemed reasonable by the Commissioner, for overhead and profit. K. If, in the opinion of the State, any special technical service is required which is not usually furnished in engineering practice and which is not included in this contract, either expressed or implied by the nature of the work, then the State shall, in writing, authorize the service and the related cost. The Engineer's selection of the consultant retained in connection therewith is to be submitted for approval. The State shall reimburse the Engineer for the cost of any such services and in addition shall also pay the Engineer ten percent (10%) of such cost, or such other percentage deemed reasonable by the Commissioner, for overhead and profit. L. Should the Engineer personally wish to perform special services as described in Sections J and K, the Engineer shall submit to the State a written quotation of the cost of so performing such services. The quotation shall not include, nor shall the Engineer be paid for, an additional percentage of the cost for overhead and profit. In addition, the Engineer shall arrange to have at least three (3) independent outside sources submit written quotations for the work directly to the State in sealed envelopes. The State shall decide whether to allow the Engineer to perform the work with the Engineer's own forces based on the Engineer's quotation, and shall notify the Engineer accordingly. M. If at any time during the term of any project assigned under this contract the State should require the Engineer to make any substantial change in the size or scope of the work or require any substantial change in plan, design, or specification which shall necessitate the preparation by the Engineer of additional sketches, drawings, or other documents, or the making of substantial changes in any other document already approved, or upon which substantial work had been done pursuant to instruction to proceed, then, and in such event, the Engineer shall prepare the additional documents and make changes as required and shall be entitled to reasonable compensation therefor. The Commissioner shall determine the amount of such compensation and the manner of payment thereof. If the State should require any such substantial changes and if these should result in a change in the amount of the total construction budget for the project, said amount shall be considered changed to an amount determined by the Commissioner. The above notwithstanding, should it be necessary for the Engineer to prepare any such additional documents or make changes in the same for purposes of meeting the budget requirements of the project, and where an increase in the cost of labor and/or materials is not the governing factor, the Engineer shall perform such duties without receiving additional compensation. In addition, if at any time during the term of this contract the State should request the Engineer to reduce the scope of services originally agreed upon for any project assigned under this contract, the Engineer shall then reduce said scope of services, as requested, and the Engineer's fee for such project shall be reduced by a fair and equitable amount determined by the Commissioner.

Appears in 1 contract

Samples: Engineer’s Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B859519D0CC-E12D-4353A46C-48C3-93DB-5BCBE76400C0 B1EC-6AE06D2AFFE1 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer’s Contract for on Call Services

Construction Administration Services. The Engineer Architect shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the EngineerArchitect's established fee, include as much of the EngineerArchitect's professional services and the services of the EngineerArchitect's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the EngineerArchitect's undertaking continuous on-site observation of the work. If the Engineer Architect fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer Architect and the State that the duties of the Engineer Architect shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer Architect shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, meetings as required, at which the Engineer Architect shall, on the basis of the EngineerArchitect's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its it after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the EngineerArchitect, the Engineer Architect shall be paid for any additional services required beyond the 10% construction DocuSign Envelope ID: 5D84CFEC-4806-443C-917C-76B61C75F69D contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer Architect shall be determined by the Commissioner.

Appears in 1 contract

Samples: Architect's Contract for on Call Services

Construction Administration Services. The Engineer Architect shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the EngineerArchitect's established fee, include as much of the EngineerArchitect's professional services and the services of the EngineerArchitect's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the EngineerArchitect's undertaking continuous on-site observation of the work. If the Engineer Architect fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer Architect and the State that the duties of the Engineer Architect shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer Architect shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, meetings as required, at which the Engineer Architect shall, on the basis of the EngineerArchitect's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its it after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the EngineerArchitect, the Engineer Architect shall be paid for any additional services required beyond the 10% construction DocuSign Envelope ID: 67448F08-52B6-429E-B86F-72B575B4E581 contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer Architect shall be determined by the Commissioner.

Appears in 1 contract

Samples: Architect's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State;; DocuSign Envelope ID: A689E9D9-81D2-45C1-8122-98F659C79DE1 h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

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Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85F962FEB3-E12D-43539C78-93DB-5BCBE76400C0 4D0E-B086-901DF8855901 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner. 217 Engineer's On-Call PAGE 3 OF 16 V:\ContractAdmin\Public\Documents\Documents 2019\On-Call Contracts\OC-DCS-MEP-0046-0050\OC-DCS-MEP-0050 (217).doc Xxxxxxxx Xx. XX-XXX-XXX-0000 X 000000 XxxxXxxx Envelope ID: 032138FC-36F1-47D6-A727-5BD6FD558ECF DocuSign Envelope ID: 032138FC-36F1-47D6-A727-5BD6FD558ECF DocuSign Envelope ID: 032138FC-36F1-47D6-A727-5BD6FD558ECF DocuSign Envelope ID: 032138FC-36F1-47D6-A727-5BD6FD558ECF I. Should the Engineer require the services of registered consultants at any time during the duration of this contract, their names and qualifications shall be submitted to the State for approval. Such consultants shall provide evidence of their competence by affixing their seals on any drawings or specifications prepared by them or under their supervision. The Engineer shall not receive any additional payment from the State in regard to such consultants unless their services relate to hourly-rate assigned work of the Engineer. In such event, the State shall reimburse the Engineer for the cost of such services and in addition shall also pay the Engineer ten percent (10%) of such cost, or such other percentage deemed reasonable by the Commissioner, for overhead and profit. J. Should it be necessary for the Engineer to engage the services of a test boring firm for the purposes of this contract, the State shall reimburse the Engineer for the cost of such services and in addition shall also pay the Engineer ten percent (10%) of such cost, or such other percentage deemed reasonable by the Commissioner, for overhead and profit. K. If, in the opinion of the State, any special technical service is required which is not usually furnished in engineering practice and which is not included in this contract, either expressed or implied by the nature of the work, then the State shall, in writing, authorize the service and the related cost. The Engineer's selection of the consultant retained in connection therewith is to be submitted for approval. The State shall reimburse the Engineer for the cost of any such services and in addition shall also pay the Engineer ten percent (10%) of such cost, or such other percentage deemed reasonable by the Commissioner, for overhead and profit. L. Should the Engineer personally wish to perform special services as described in Sections J and K, the Engineer shall submit to the State a written quotation of the cost of so performing such services. The quotation shall not include, nor shall the Engineer be paid for, an additional percentage of the cost for overhead and profit. In addition, the Engineer shall arrange to have at least three (3) independent outside sources submit written quotations for the work directly to the State in sealed envelopes. The State shall decide whether to allow the Engineer to perform the work with the Engineer's own forces based on the Engineer's quotation, and shall notify the Engineer accordingly. M. If at any time during the term of any project assigned under this contract the State should require the Engineer to make any substantial change in the size or scope of the work or require any substantial change in plan, design, or specification which shall necessitate the preparation by the Engineer of additional sketches, drawings, or other documents, or the making of substantial changes in any other document already approved, or upon which substantial work had been done pursuant to instruction to proceed, then, and in such event, the Engineer shall prepare the additional documents and make changes as required and shall be entitled to reasonable compensation therefor. The Commissioner shall determine the amount of such compensation and the manner of payment thereof. If the State should require any such substantial changes and if these should result in a change in the amount of the total construction budget for the project, said amount shall be considered changed to an amount determined by the Commissioner. The above notwithstanding, should it be necessary for the Engineer to prepare any such additional documents or make changes in the same for purposes of meeting the budget requirements of the project, and where an increase in the cost of labor and/or materials is not the governing factor, the Engineer shall perform such duties without receiving additional compensation. In addition, if at any time during the term of this contract the State should request the Engineer to reduce the scope of services originally agreed upon for any project assigned under this contract, the Engineer shall then reduce said scope of services, as requested, and the Engineer's fee for such project shall be reduced by a fair and equitable amount determined by the Commissioner.

Appears in 1 contract

Samples: Engineer’s Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85E25A68E7-E12D-43534C46-93DB-5BCBE76400C0 4974-833D-3B4B3DBA1D2F In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer’s Contract for on Call Services

Construction Administration Services. The Engineer Architect shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the EngineerArchitect's established fee, include as much of the EngineerArchitect's professional services and the services of the EngineerArchitect's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the EngineerArchitect's undertaking continuous on-site observation of the work. If the Engineer Architect fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer Architect and the State that the duties of the Engineer Architect shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer Architect shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, meetings as required, at which the Engineer Architect shall, on the basis of the EngineerArchitect's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its it after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the EngineerArchitect, the Engineer Architect shall be paid for any additional services required beyond the 10% construction DocuSign Envelope ID: 49DEDAE4-313C-461D-87AD-928C79CFE3D2 contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer Architect shall be determined by the Commissioner.

Appears in 1 contract

Samples: Architect's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85152D0674-E12D-43532A50-93DB-5BCBE76400C0 43FE-A9EF-A0D20860152E In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. S. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS DPW on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS DPW assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS DPW during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DASDPW, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer’s Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85AC7B497A-E12D-4353E030-93DB-5BCBE76400C0 4F21-B0CB-7BCC7FCFC864 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer’s Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85D24CC3B1-E12D-4353903C-4D3A-93DB-5BCBE76400C0 A716-24685DC725AA In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer Architect shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the EngineerArchitect's established fee, include as much of the EngineerArchitect's professional services and the services of the EngineerArchitect's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the EngineerArchitect's undertaking continuous on-site observation of the work. If the Engineer Architect fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer Architect and the State that the duties of the Engineer Architect shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer Architect shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, meetings as required, at which the Engineer Architect shall, on the basis of the EngineerArchitect's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its it after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the EngineerArchitect, the Engineer Architect shall be paid for any additional services required beyond the 10% construction DocuSign Envelope ID: 2B5CACE2-22E8-456C-9E0E-C1D108C60086 contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer Architect shall be determined by the Commissioner.

Appears in 1 contract

Samples: Architect's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B8593B06854-E12D-43536E07-93DB-5BCBE76400C0 420B-AE8B-37F4BC83FFDB In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer’s Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract DocuSign Envelope ID: 6CCDD87E-8272-4F11-BE52-1D01C8CE40BE DocuSign Envelope ID: 6CCDD87E-8272-4F11-BE52-1D01C8CE40BE DocuSign Envelope ID: 6CCDD87E-8272-4F11-BE52-1D01C8CE40BE rate payments shall only apply for the period of time overrun a reasonable fee to be determined by that the Commissioner of DAS, hereinafter called the "Commissionerperson is actually employed on projects assigned under this contract." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer’s Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State;; DocuSign Envelope ID: 12652BDD-1440-4319-AA6C-71C674F45D71 h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B8561C11AC9-E12D-4353204B-46D0-93DB-5BCBE76400C0 AD75-BD465C44C79D In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer's Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract DocuSign Envelope ID: EAC94848-1AC0-4110-98AE-C9B3914E6FFF DocuSign Envelope ID: EAC94848-1AC0-4110-98AE-C9B3914E6FFF DocuSign Envelope ID: EAC94848-1AC0-4110-98AE-C9B3914E6FFF rate payments shall only apply for the period of time overrun a reasonable fee to be determined by that the Commissioner of DAS, hereinafter called the "Commissionerperson is actually employed on projects assigned under this contract." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer’s Contract for on Call Services

Construction Administration Services. The Engineer shall perform construction administration services during construction as necessary. Such services shall, as part of the services to be rendered for the Engineer's established fee, include as much of the Engineer's professional services and the services of the Engineer's consultants as the State deems necessary for the well-being of the project and efficient prosecution of the construction work, but shall not include the Engineer's undertaking continuous on-site observation of the work. If the Engineer fails to perform such duties in a conscientious and reasonable manner, the State may exercise its right to terminate this contract as hereinafter provided in Section T. Additionally, it is understood and agreed to by the Engineer and the State that the duties of the Engineer shall include, but not be limited to, the following services: a. observe the progress of construction in order to determine whether there appear to be any defects or deficiencies in the construction work or deviations from the drawings and specifications, including variations from the materials specified and the methods of construction authorized. The Engineer shall not be required to guarantee the performance of the general contractor or her/his/its subcontractors; b. attend job meetings, as required, at which the Engineer shall, on the basis of the Engineer's visitations to the site and observations thereon, report on the progress of the work and make recommendations concerning the same; c. submit to DAS on the fifteenth and last days of each month, in such form as directed by the State, observation-based reports regarding the progress of the work; d. review submittals and furnish recommendations to the State concerning material and equipment, and review and report on the general contractor's proposals in connection with changes in the construction contract. These services are to be performed within five (5) calendar days of receipt of such proposals so as not to delay the work; e. review partial payment requisitions submitted by the general contractor within three (3) working days of the receipt of such submittals; f. review and comment on shop drawings submitted to her/him/it for review. This service is to be performed within five (5) working days of the receipt of such submittals unless DAS assents to written notification of why this cannot be accomplished; g. within thirty (30) calendar days after receipt, record on the original final tracings and CAD disks returned to her/him/its after the construction contract award all changes made during the period of construction as furnished and recorded by the general contractor, and, at her/his/its expense, provide reproducible mylars and updated CAD disks to the State that reflect such changes. The mylars and CAD disks shall become the property of the State; h. fully cooperate with DAS during the progress of the work. DocuSign Envelope ID: E5364B851DE9173C-9745-E12D-435342A0-93DB-5BCBE76400C0 ADAD-8092032D74B3 In the event that the time period of the construction contract is exceeded by more than 10% due to no fault of the Engineer, the Engineer shall be paid for any additional services required beyond the 10% construction contract time overrun a reasonable fee to be determined by the Commissioner of DAS, hereinafter called the "Commissioner." The question of fault or no fault on the part of the Engineer shall be determined by the Commissioner.

Appears in 1 contract

Samples: Engineer’s Contract for on Call Services

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