Common use of Construction Contract Administration Clause in Contracts

Construction Contract Administration. The Consultant shall provide administration of the Contract between the Owner and the Contractor, commencing with the award of the Construction Contract and terminating at the end of the one-year warranty period. The warranty period commences upon the issuance of a Certificate of Substantial Completion. The Consultant shall be entitled to negotiate to an additional fee if the date of Substantial Completion of the Work has been extended by more than twenty percent of the construction project duration through no fault of the Consultant. The Consultant shall review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant’s action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Consultant’s professional judgment to permit adequate review. The Consultant shall specify appropriate performance and design criteria related to the systems, materials or equipment used in the Project if the Contract Documents specifically require professional design services or certifications by a third-party professional. The Contractor shall retain the third-party professional. Shop Drawings and other submittals related to the work designed or certified by the third-party professional shall bear the seal and signature of that professional when submitted to the Consultant. The Consultant shall rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such third-party professionals. If the Authority Having Jurisdiction requires Special Inspections reporting as an element of code compliance, the Consultant shall perform or oversee the necessary inspections, provide the report, affix the necessary seals, and otherwise provide all services to satisfy the requirement as part of Basic Services. The Consultant shall maintain a record of the Contractor’s submittals and retain copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. The Consultant shall provide general site observation visits at intervals appropriate to each stage of the Contractor’s operations, or as otherwise agreed by the Owner and the Consultant. The Consultant shall become generally familiar with the progress and quality of the Work, keep the Owner informed about the progress and quality of the Work, endeavor to guard the Owner against defects and deficiencies in the Work, and determine if the Work is being performed in a manner indicating that, when completed, the Work will be in accordance with the Contract Documents. The Consultant shall not be required to make continuous inspections of the Work. The Consultant shall not be responsible for the Contractor’s means, methods, techniques, sequences or procedures of construction, nor for the safety precautions and programs used in the Work. The Contract Documents assign these rights and responsibilities to the Contractor. The Consultant shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. The Consultant, however, shall not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Consultant shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. The Consultant shall have authority to reject Work that does not conform to the Contract Documents. The Consultant shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whenever the Consultant considers it necessary or advisable. However, neither this authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Consultant to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. The Consultant shall fairly interpret and decide matters concerning performance of the Contractor under the Contract Documents upon written request of either the Owner or Contractor. The Consultant’s response to such requests shall be made in writing with reasonable promptness. The Consultant shall review and respond to Requests for Information about the Contract Documents by the Contractor in a timely manner. The Consultant shall provide or approve the RFI form. The Consultant shall prepare, reproduce and distribute supplemental Drawings and Specifications necessitated by any response. The Consultant shall review requests by the Owner or the Contractor for changes in the Work and make recommendations to the Owner. The Consultant shall not issue any orders for substantial changes in the construction contract unless and until approved in writing by the Owner and BGS. The Consultant shall prepare Change Orders and Construction Change Directives for approval by the Owner and BGS and for execution in accordance with the Contract Documents. The Consultant may authorize minor changes in the Work consistent with the intent of the Contract Documents which do not modify the Contract Sum or the Contract Time. The Consultant shall prepare and distribute Drawings and Specifications which describe changes in the Work. The Consultant shall develop a proposal for additional services, if necessitated by any proposed Change Order or Construction Change Directive, for approval by the Owner and BGS. The Consultant shall maintain records of proposed and approved changes in the Work. The Consultant shall review and certify the Contractor’s Applications for Payment and shall issue Certificates for Payment as needed. The Consultant’s certification for payment shall be a representation to the Owner that the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents, to the best of the Consultant’s knowledge, information and belief. The foregoing representations are subject to: an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, results of subsequent tests and inspections, correction of minor deviations from the Contract Documents prior to completion, and specific qualifications expressed by the Consultant. The Consultant shall maintain a record of the Contractor’s Applications for Payment. The Consultant, Owner and Contractor shall attend final inspection meetings arranged by the Consultant, after the Project or a designated portion of the Project is evidently complete, for the purpose of verifying the Work complies with the requirements of the Contract Documents. The Consultant shall create a punch list of items to be corrected by the Contractor. The Consultant shall confirm the final completion of the punch list by the Contractor. The Consultant shall, at the completion of the punch list, determine the date or dates of Substantial Completion and the date of final completion; and coordinate an informational meeting with the Owner and all appropriate Subconsultants and contractors to review the operation of systems in the building. The Consultant shall receive from the Contractor and forward to the Owner, for the Owner’s review and records, affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; written warranties and related documents required by the Contract Documents and assembled by the Contractor and Commissioning Agent; and consent of surety documents, if any, to recommend partial release or full release of retainage. The Consultant shall issue a final Certificate for Payment based upon an observation that the Work complies with the requirements of the Contract Documents. The Consultant shall review the Record Drawings prepared by the Contractor for accuracy, requesting modifications as necessary, and shall furnish the final Record Drawings prepared by the Consultant to the Owner in reproducible prints and in digital format acceptable to the Owner. The Consultant shall continue Construction Contract Administration services during the one-year warranty period commencing with the date of Substantial Completion. The Consultant shall consult with the Owner prior to the expiration of the one-year warranty to review the facility operations and performance. The Consultant shall make appropriate written recommendations to the Owner, reporting on construction contract deficiencies requiring correction by the Contractor prior to the expiration of the warranty period. The Consultant will inspect and either accept or reject any required remedial action by the Contractor.

Construction Contract Administration. The Consultant shall provide administration of the Contract between the Owner and the Contractor, commencing with the award of the Construction Contract and terminating at the end of the one-year warranty period. The warranty period commences upon the issuance of a Certificate of Substantial Completion. The Consultant shall be entitled to negotiate to an additional fee if the date of Substantial Completion of the Work has been extended by more than twenty percent of the construction project duration through no fault of the Consultant. The Consultant shall review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant’s action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor Contractor, or separate contractors, while allowing sufficient time in the Consultant’s professional judgment to permit adequate review. The Consultant shall specify appropriate performance and design criteria related to the systems, materials or equipment used in the Project project if the Contract Documents specifically require professional design services or certifications by a third-party professional. The Contractor shall retain the third-party professional. Shop Drawings and other submittals related to the work designed or certified by the third-party professional shall bear the seal and signature of that professional when submitted to the Consultant. The Consultant shall rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such third-party professionals. If the Authority Having Jurisdiction requires Special Inspections reporting as an element of code compliance, the Consultant shall perform or oversee the necessary inspections, provide the report, affix the necessary seals, and otherwise provide all services to satisfy the requirement as part of Basic Services. The Consultant shall maintain a record of the Contractor’s submittals and retain copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. The Consultant shall provide general site observation visits at intervals appropriate to each stage of the Contractor’s operations, or as otherwise agreed by the Owner and the Consultant. The Consultant shall become generally familiar with the progress and quality of the Work, keep the Owner informed about the progress and quality of the Work, endeavor to guard the Owner against defects and deficiencies in the Work, and determine if the Work is being performed in a manner indicating that, when completed, the Work will be in accordance with the Contract Documents. The Consultant shall not be required to make continuous inspections of the Work. The Consultant shall not be responsible for the Contractor’s means, methods, techniques, sequences sequences, or procedures of construction, nor for the safety precautions and programs used in the Work. The Contract Documents assign these rights and responsibilities to the Contractor. The Consultant shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. The Consultant, however, shall not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Consultant shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. The Consultant shall have authority to reject Work that does not conform to the Contract Documents. The Consultant shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whenever the Consultant considers it necessary or advisable. However, neither this authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Consultant to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. The Consultant shall fairly interpret and decide matters concerning performance of the Contractor under the Contract Documents upon written request of either the Owner or Contractor. The Consultant’s response to such requests shall be made in writing with reasonable promptness. The Consultant shall review and respond to Requests for Information about the Contract Documents by the Contractor in a timely manner. The Consultant shall provide or approve the RFI form. The Consultant shall prepare, reproduce reproduce, and distribute supplemental Drawings and Specifications necessitated by any response. The Consultant shall review requests by the Owner or the Contractor for changes in the Work and make recommendations to the Owner. The Consultant shall not issue any orders for substantial changes in the construction contract unless and until approved in writing by the Owner and BGS. The Consultant shall prepare Change Orders and Construction Change Directives for approval by the Owner and BGS and for execution in accordance with the Contract Documents. The Consultant may authorize minor changes in the Work consistent with the intent of the Contract Documents which do not modify the Contract Sum or the Contract Time. The Consultant shall prepare and distribute Drawings and Specifications which describe changes in the Work. The Consultant shall develop a proposal for additional services, if necessitated by any proposed Change Order or Construction Change Directive, for approval by the Owner and BGS. The Consultant shall maintain records of proposed and approved changes in the Work. The Consultant shall review and certify the Contractor’s Applications for Payment and shall issue Certificates for Payment as needed. The Consultant’s certification for payment shall be a representation to the Owner that the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents, to the best of the Consultant’s knowledge, information information, and belief. The foregoing representations are subject to: an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, results of subsequent tests and inspections, correction of minor deviations from the Contract Documents prior to completion, and specific qualifications expressed by the Consultant. The Consultant shall maintain a record of the Contractor’s Applications for Payment. The Consultant, Owner and Contractor shall attend final inspection meetings arranged by the Consultant, after the Project project or a designated portion of the Project project is evidently complete, for the purpose of verifying the Work complies with the requirements of the Contract Documents. The Consultant shall create a punch list of items to be corrected by the Contractor. The Consultant shall confirm the final completion of the punch list by the Contractor. The Consultant shall, at the completion of the punch list, determine the date or dates of Substantial Completion and the date of final completion; and coordinate an informational meeting with the Owner and all appropriate Subconsultants and contractors to review the operation of systems in the building. The Consultant shall receive from the Contractor and forward to the Owner, for the Owner’s review and records, affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; written warranties and related documents required by the Contract Documents and assembled by the Contractor and Commissioning Agent; and consent of surety documents, if any, to recommend partial release or full release of retainage. The Consultant shall issue a final Certificate for Payment based upon an observation that the Work complies with the requirements of the Contract Documents. The Consultant shall review the Record Drawings prepared by the Contractor for accuracy, requesting modifications as necessary, and shall furnish the final Record Drawings prepared by the Consultant to the Owner in reproducible prints and in digital format acceptable to the Owner. The Consultant shall continue Construction Contract Administration services during the one-year warranty period commencing with the date of Substantial Completion. The Consultant shall consult with the Owner prior to the expiration of the one-year warranty to review the facility operations and performance. The Consultant shall make appropriate written recommendations to the Owner, reporting on construction contract deficiencies requiring correction by the Contractor prior to the expiration of the warranty period. The Consultant will inspect and either accept or reject any required remedial action by the Contractor.

Construction Contract Administration. The Consultant shall provide administration of the Contract between the Owner and the Contractor, commencing with the award of the Construction Contract and terminating at the end of the one-year warranty period. The warranty period commences upon the issuance of a Certificate of Substantial Completion. The Consultant shall be entitled to negotiate to an additional fee if the date of Substantial Completion of the Work has been extended by more than twenty percent of the construction project duration through no fault of the Consultant. The Consultant shall review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant’s action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Consultant’s professional judgment to permit adequate review. The Consultant shall specify appropriate performance and design criteria related to the systems, materials or equipment used in the Project if the Contract Documents specifically require professional design services or certifications by a third-party professional. The Contractor shall retain the third-party professional. Shop Drawings and other submittals related to the work designed or certified by the third-party professional shall bear the seal and signature of that professional when submitted to the Consultant. The Consultant shall rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such third-party professionals. If the Authority Having Jurisdiction requires Special Inspections reporting as an element of code compliance, the Consultant shall perform or oversee the necessary inspections, provide the report, affix the necessary seals, and otherwise provide all services to satisfy the requirement as part of Basic Services. The Consultant shall maintain a record of the Contractor’s submittals and retain copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. The Consultant shall provide general site observation visits at intervals appropriate to each stage of the Contractor’s operations, or as otherwise agreed by the Owner and the Consultant. The Consultant shall become generally familiar with the progress and quality of the Work, keep the Owner informed about the progress and quality of the Work, endeavor to guard the Owner against defects and deficiencies in the Work, and determine if the Work is being performed in a manner indicating that, when completed, the Work will be in accordance with the Contract Documents. The Consultant shall not be required to make continuous inspections of the Work. The Consultant shall not be responsible for the Contractor’s means, methods, techniques, sequences or procedures of construction, nor for the safety precautions and programs used in the Work. The Contract Documents assign these rights and responsibilities to the Contractor. The Consultant shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. The Consultant, however, shall not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Consultant shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. The Consultant shall have authority to reject Work that does not conform to the Contract Documents. The Consultant shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whenever the Consultant considers it necessary or advisable. However, neither this authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Consultant to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. The Consultant shall fairly interpret and decide matters concerning performance of the Contractor under the Contract Documents upon written request of either the Owner or Contractor. The Consultant’s response to such requests shall be made in writing with reasonable promptness. The Consultant shall review and respond to Requests for Information about the Contract Documents by the Contractor in a timely manner. The Consultant shall provide or approve the RFI form. The Consultant shall prepare, reproduce and distribute supplemental Drawings and Specifications necessitated by any response. The Consultant shall review requests by the Owner or the Contractor for changes in the Work and make recommendations to the Owner. The Consultant shall not issue any orders for substantial changes in the construction contract unless and until approved in writing by the Owner and BGSXXXX. The Consultant shall prepare Change Orders and Construction Change Directives for approval by the Owner and BGS XXXX and for execution in accordance with the Contract Documents. The Consultant may authorize minor changes in the Work consistent with the intent of the Contract Documents which do not modify the Contract Sum or the Contract Time. The Consultant shall prepare and distribute Drawings and Specifications which describe changes in the Work. The Consultant shall develop a proposal for additional services, if necessitated by any proposed Change Order or Construction Change Directive, for approval by the Owner and BGSXXXX. The Consultant shall maintain records of proposed and approved changes in the Work. The Consultant shall review and certify the Contractor’s Applications for Payment and shall issue Certificates for Payment as needed. The Consultant’s certification for payment shall be a representation to the Owner that the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents, to the best of the Consultant’s knowledge, information and belief. The foregoing representations are subject to: an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, results of subsequent tests and inspections, correction of minor deviations from the Contract Documents prior to completion, and specific qualifications expressed by the Consultant. The Consultant shall maintain a record of the Contractor’s Applications for Payment. The Consultant, Owner and Contractor shall attend final inspection meetings arranged by the Consultant, after the Project or a designated portion of the Project is evidently complete, for the purpose of verifying the Work complies with the requirements of the Contract Documents. The Consultant shall create a punch list of items to be corrected by the Contractor. The Consultant shall confirm the final completion of the punch list by the Contractor. The Consultant shall, at the completion of the punch list, determine the date or dates of Substantial Completion and the date of final completion; and coordinate an informational meeting with the Owner and all appropriate Subconsultants and contractors to review the operation of systems in the building. The Consultant shall receive from the Contractor and forward to the Owner, for the Owner’s review and records, affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; written warranties and related documents required by the Contract Documents and assembled by the Contractor and Commissioning Agent; and consent of surety documents, if any, to recommend partial release or full release of retainage. The Consultant shall issue a final Certificate for Payment based upon an observation that the Work complies with the requirements of the Contract Documents. The Consultant shall review the Record Drawings prepared by the Contractor for accuracy, requesting modifications as necessary, and shall furnish the final Record Drawings prepared by the Consultant to the Owner in reproducible prints and in digital format acceptable to the Owner. The Consultant shall continue Construction Contract Administration services during the one-year warranty period commencing with the date of Substantial Completion. The Consultant shall consult with the Owner prior to the expiration of the one-year warranty to review the facility operations and performance. The Consultant shall make appropriate written recommendations to the Owner, reporting on construction contract deficiencies requiring correction by the Contractor prior to the expiration of the warranty period. The Consultant will inspect and either accept or reject any required remedial action by the Contractor.

Construction Contract Administration. The Consultant shall provide administration of the Contract between the Owner and the Contractor, commencing with the award of the Construction Contract and terminating at the end of the one-year warranty period. The warranty period commences upon the issuance of a Certificate of Substantial Completion. The Consultant shall be entitled to negotiate tonegotiate to an additional fee if the date of Substantial Completion of the Work has been extended by more than twenty percent of the construction project duration through no fault of the Consultant. The Consultant shall review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant’s action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Consultant’s professional judgment to permit adequate review. The Consultant shall specify appropriate performance and design criteria related to the systems, materials or equipment used in the Project if the Contract Documents specifically require professional design services or certifications by a third-party professional. The Contractor shall retain the third-party professional. Shop Drawings and other submittals related to the work designed or certified by the third-party professional shall bear the seal and signature of that professional when submitted to the Consultant. The Consultant shall rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such third-party professionals. If the Authority Having Jurisdiction requires Special Inspections reporting as an element of code compliance, the Consultant shall perform or oversee the necessary inspections, provide the report, affix the necessary seals, and otherwise provide all services to satisfy the requirement as part of Basic Services. The Consultant shall maintain a record of the Contractor’s submittals and retain copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. The Consultant shall provide general site observation visits at intervals appropriate to each stage of the Contractor’s operations, or as otherwise agreed by the Owner and the Consultant. The Consultant shall become generally familiar with the progress and quality of the Work, keep the Owner informed about the progress and quality of the Work, endeavor to guard the Owner against defects and deficiencies in the Work, and determine if the Work is being performed in a manner indicating that, when completed, the Work will be in accordance with the Contract Documents. The Consultant shall not be required to make continuous inspections of the Work. The Consultant shall not be responsible for the Contractor’s means, methods, techniques, sequences or procedures of construction, nor for the safety precautions and programs used in the Work. The Contract Documents assign these rights and responsibilities to the Contractor. The Consultant shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. The Consultant, however, shall not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Consultant shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. The Consultant shall have authority to reject Work that does not conform to the Contract Documents. The Consultant shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whenever the Consultant considers it necessary or advisable. However, neither this authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Consultant to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. The Consultant shall fairly interpret and decide matters concerning performance of the Contractor under the Contract Documents upon written request of either the Owner or Contractor. The Consultant’s response to such requests shall be made in writing with reasonable promptness. The Consultant shall review and respond to Requests for Information about the Contract Documents by the Contractor in a timely manner. The Consultant shall provide or approve the RFI form. The Consultant shall prepare, reproduce and distribute supplemental Drawings and Specifications necessitated by any response. The Consultant shall review requests by the Owner or the Contractor for changes in the Work and make recommendations to the Owner. The Consultant shall not issue any orders for substantial changes in the construction contract unless and until approved in writing by the Owner and BGSXXXX. The Consultant shall prepare Change Orders and Construction Change Directives for approval by the Owner and BGS XXXX and for execution in accordance with the Contract Documents. The Consultant may authorize minor changes in the Work consistent with the intent of the Contract Documents which do not modify the Contract Sum or the Contract Time. The Consultant shall prepare and distribute Drawings and Specifications which describe changes in the Work. The Consultant shall develop a proposal for additional services, if necessitated by any proposed Change Order or Construction Change Directive, for approval by the Owner and BGSXXXX. The Consultant shall maintain records of proposed and approved changes in the Work. The Consultant shall review and certify the Contractor’s Applications for Payment and shall issue Certificates for Payment as needed. The Consultant’s certification for payment shall be a representation to the Owner that the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents, to the best of the Consultant’s knowledge, information and belief. The foregoing representations are subject to: an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, results of subsequent tests and inspections, correction of minor deviations from the Contract Documents prior to completion, and specific qualifications expressed by the Consultant. The Consultant shall maintain a record of the Contractor’s Applications for Payment. The Consultant, Owner and Contractor shall attend final inspection meetings arranged by the Consultant, after the Project or a designated portion of the Project is evidently complete, for the purpose of verifying the Work complies with the requirements of the Contract Documents. The Consultant shall create a punch list of items to be corrected by the Contractor. The Consultant shall confirm the final completion of the punch list by the Contractor. The Consultant shall, at the completion of the punch list, determine the date or dates of Substantial Completion and the date of final completion; and coordinate an informational meeting with the Owner and all appropriate Subconsultants and contractors to review the operation of systems in the building. The Consultant shall receive from the Contractor and forward to the Owner, for the Owner’s review and records, affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; written warranties and related documents required by the Contract Documents and assembled by the Contractor and Commissioning Agent; and consent of surety documents, if any, to recommend partial release or full release of retainage. The Consultant shall issue a final Certificate for Payment based upon an observation that the Work complies with the requirements of the Contract Documents. The Consultant shall review the Record Drawings prepared by the Contractor for accuracy, requesting modifications as necessary, and shall furnish the final Record Drawings prepared by the Consultant to the Owner in reproducible prints and in digital format acceptable to the Owner. The Consultant shall continue Construction Contract Administration services during the one-year warranty period commencing with the date of Substantial Completion. The Consultant shall consult with the Owner prior to the expiration of the one-year warranty to review the facility operations and performance. The Consultant shall make appropriate written recommendations to the Owner, reporting on construction contract deficiencies requiring correction by the Contractor prior to the expiration of the warranty period. The Consultant will inspect and either accept or reject any required remedial action by the Contractor.

Construction Contract Administration. The Consultant shall provide administration of the Contract between the Owner and the Contractor, commencing with the award of the Construction Contract and terminating at the end of the one-year warranty period. The warranty period commences upon the issuance of a Certificate of Substantial Completion. The Consultant shall be entitled to negotiate tonegotiate to an additional fee if the date of Substantial Completion of the Work has been extended by more than twenty percent of the construction project duration through no fault of the Consultant. The Consultant shall review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant’s action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Consultant’s professional judgment to permit adequate review. The Consultant shall specify appropriate performance and design criteria related to the systems, materials or equipment used in the Project if the Contract Documents specifically require professional design services or certifications by a third-party professional. The Contractor shall retain the third-party professional. Shop Drawings and other submittals related to the work designed or certified by the third-party professional shall bear the seal and signature of that professional when submitted to the Consultant. The Consultant shall rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such third-party professionals. If the Authority Having Jurisdiction requires Special Inspections reporting as an element of code compliance, the Consultant shall perform or oversee the necessary inspections, provide the report, affix the necessary seals, and otherwise provide all services to satisfy the requirement as part of Basic Services. The Consultant shall maintain a record of the Contractor’s submittals and retain copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. The Consultant shall provide general site observation visits at intervals appropriate to each stage of the Contractor’s operations, or as otherwise agreed by the Owner and the Consultant. The Consultant shall become generally familiar with the progress and quality of the Work, keep the Owner informed about the progress and quality of the Work, endeavor to guard the Owner against defects and deficiencies in the Work, and determine if the Work is being performed in a manner indicating that, when completed, the Work will be in accordance with the Contract Documents. The Consultant shall not be required to make continuous inspections of the Work. The Consultant shall not be responsible for the Contractor’s means, methods, techniques, sequences or procedures of construction, nor for the safety precautions and programs used in the Work. The Contract Documents assign these rights and responsibilities to the Contractor. The Consultant shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. The Consultant, however, shall not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Consultant shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. The Consultant shall have authority to reject Work that does not conform to the Contract Documents. The Consultant shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whenever the Consultant considers it necessary or advisable. However, neither this authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Consultant to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. The Consultant shall fairly interpret and decide matters concerning performance of the Contractor under the Contract Documents upon written request of either the Owner or Contractor. The Consultant’s response to such requests shall be made in writing with reasonable promptness. The Consultant shall review and respond to Requests for Information about the Contract Documents by the Contractor in a timely manner. The Consultant shall provide or approve the RFI form. The Consultant shall prepare, reproduce and distribute supplemental Drawings and Specifications necessitated by any response. The Consultant shall review requests by the Owner or the Contractor for changes in the Work and make recommendations to the Owner. The Consultant shall not issue any orders for substantial changes in the construction contract unless and until approved in writing by the Owner and BGSXXXX. The Consultant shall prepare Change Orders and Construction Change Directives for approval by the Owner and BGS XXXX and for execution in accordance with the Contract Documents. The Consultant may authorize minor changes in the Work consistent with the intent of the Contract Documents which do not modify the Contract Sum or the Contract Time. The Consultant shall prepare and distribute Drawings and Specifications which describe changes in the Work. The Consultant shall develop a proposal for additional services, if necessitated by any proposed Change Order or Construction Change Directive, for approval by the Owner and BGSXXXX. The Consultant shall maintain records of proposed and approved changes in the Work. The Consultant shall review and certify the Contractor’s Applications for Payment and shall issue Certificates for Payment as needed. The Consultant’s certification for payment shall be a representation to the Owner that the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents, to the best of the Consultant’s knowledge, information and belief. The foregoing representations are subject to: to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, results of subsequent tests and inspections, correction of minor deviations from the Contract Documents prior to completion, and specific qualifications expressed by the Consultant. The Consultant shall maintain a record of the Contractor’s Applications for Payment. The Consultant, Owner and Contractor shall attend final inspection meetings arranged by the Consultant, after the Project or a designated portion of the Project is evidently complete, for the purpose of verifying the Work complies with the requirements of the Contract Documents. The Consultant shall create a punch list of items to be corrected by the Contractor. The Consultant shall confirm the final completion of the punch list by the Contractor. The Consultant shall, at the completion of the punch list, determine the date or dates of Substantial Completion and the date of final completion; and coordinate an informational meeting with the Owner and all appropriate Subconsultants and contractors to review the operation of systems in the building. The Consultant shall receive from the Contractor and forward to the Owner, for the Owner’s review and records, affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; written warranties and related documents required by the Contract Documents and assembled by the Contractor and Commissioning Agent; and consent of surety documents, if any, to recommend partial release or full release of retainage. The Consultant shall issue a final Certificate for Payment based upon an observation that the Work complies with the requirements of the Contract Documents. The Consultant shall review the Record Drawings prepared by the Contractor for accuracy, requesting modifications as necessary, and shall furnish the final Record Drawings prepared by the Consultant to the Owner in reproducible prints and in digital format acceptable to the Owner. The Consultant shall continue Construction Contract Administration services during the one-year warranty period commencing with the date of Substantial Completion. The Consultant shall consult with the Owner prior to the expiration of the one-year warranty to review the facility operations and performance. The Consultant shall make appropriate written recommendations to the Owner, reporting on construction contract deficiencies requiring correction by the Contractor prior to the expiration of the warranty period. The Consultant will inspect and either accept or reject any required remedial action by the Contractor.

Construction Contract Administration. The Consultant shall provide administration of the Contract between the Owner and the Contractor, commencing with the award of the Construction Contract and terminating at the end of the one-year warranty period. The warranty period commences upon the issuance of a Certificate of Substantial Completion. The Consultant shall be entitled to negotiate to an additional fee if the date of Substantial Completion of the Work has been extended by more than twenty percent of the construction project duration through no fault of the Consultant. The Consultant shall review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant’s action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Consultant’s professional judgment to permit adequate review. The Consultant shall specify appropriate performance and design criteria related to the systems, materials or equipment used in the Project if the Contract Documents specifically require professional design services or certifications by a third-party professional. The Contractor shall retain the third-party professional. Shop Drawings and other submittals related to the work designed or certified by the third-party professional shall bear the seal and signature of that professional when submitted to the Consultant. The Consultant shall rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such third-party professionals. If the Authority Having Jurisdiction requires Special Inspections reporting as an element of code compliance, the Consultant shall perform or oversee the necessary inspections, provide the report, affix the necessary seals, and otherwise provide all services to satisfy the requirement as part of Basic Services. The Consultant shall maintain a record of the Contractor’s submittals and retain copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. The Consultant shall provide general site observation visits at intervals appropriate to each stage of the Contractor’s operations, or as otherwise agreed by the Owner and the Consultant. The Consultant shall become generally familiar with the progress and quality of the Work, keep the Owner informed about the progress and quality of the Work, endeavor to guard the Owner against defects and deficiencies in the Work, and determine if the Work is being performed in a manner indicating that, when completed, the Work will be in accordance with the Contract Documents. The Consultant shall not be required to make continuous inspections of the Work. The Consultant shall not be responsible for the Contractor’s means, methods, techniques, sequences or procedures of construction, nor for the safety precautions and programs used in the Work. The Contract Documents assign these rights and responsibilities to the Contractor. The Consultant shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. The Consultant, however, shall not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Consultant shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. The Consultant shall have authority to reject Work that does not conform to the Contract Documents. The Consultant shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whenever the Consultant considers it necessary or advisable. However, neither this authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Consultant to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. The Consultant shall fairly interpret and decide matters concerning performance of the Contractor under the Contract Documents upon written request of either the Owner or Contractor. The Consultant’s response to such requests shall be made in writing with reasonable promptness. The Consultant shall review and respond to Requests for Information about the Contract Documents by the Contractor in a timely manner. The Consultant shall provide or approve the RFI form. The Consultant shall prepare, reproduce and distribute supplemental Drawings and Specifications necessitated by any response. The Consultant shall review requests by the Owner or the Contractor for changes in the Work and make recommendations to the Owner. The Consultant shall not issue any orders for substantial changes in the construction contract unless and until approved in writing by the Owner and BGSXXXX. The Consultant shall prepare Change Orders and Construction Change Directives for approval by the Owner and BGS XXXX and for execution in accordance with the Contract Documents. The Consultant may authorize minor changes in the Work consistent with the intent of the Contract Documents which do not modify the Contract Sum or the Contract Time. The Consultant shall prepare and distribute Drawings and Specifications which describe changes in the Work. The Consultant shall develop a proposal for additional services, if necessitated by any proposed Change Order or Construction Change Directive, for approval by the Owner and BGSXXXX. The Consultant shall maintain records of proposed and approved changes in the Work. The Consultant shall review and certify the Contractor’s Applications for Payment and shall issue Certificates for Payment as needed. The Consultant’s certification for payment shall be a representation to the Owner that the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents, to the best of the Consultant’s knowledge, information and belief. The foregoing representations are subject to: to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, results of subsequent tests and inspections, correction of minor deviations from the Contract Documents prior to completion, and specific qualifications expressed by the Consultant. The Consultant shall maintain a record of the Contractor’s Applications for Payment. The Consultant, Owner and Contractor shall attend final inspection meetings arranged by the Consultant, after the Project or a designated portion of the Project is evidently complete, for the purpose of verifying the Work complies with the requirements of the Contract Documents. The Consultant shall create a punch list of items to be corrected by the Contractor. The Consultant shall confirm the final completion of the punch list by the Contractor. The Consultant shall, at the completion of the punch list, determine the date or dates of Substantial Completion and the date of final completion; and coordinate an informational meeting with the Owner and all appropriate Subconsultants and contractors to review the operation of systems in the building. The Consultant shall receive from the Contractor and forward to the Owner, for the Owner’s review and records, affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; written warranties and related documents required by the Contract Documents and assembled by the Contractor and Commissioning Agent; and consent of surety documents, if any, to recommend partial release or full release of retainage. The Consultant shall issue a final Certificate for Payment based upon an observation that the Work complies with the requirements of the Contract Documents. The Consultant shall review the Record Drawings prepared by the Contractor for accuracy, requesting modifications as necessary, and shall furnish the final Record Drawings prepared by the Consultant to the Owner in reproducible prints and in digital format acceptable to the Owner. The Consultant shall continue Construction Contract Administration services during the one-year warranty period commencing with the date of Substantial Completion. The Consultant shall consult with the Owner prior to the expiration of the one-year warranty to review the facility operations and performance. The Consultant shall make appropriate written recommendations to the Owner, reporting on construction contract deficiencies requiring correction by the Contractor prior to the expiration of the warranty period. The Consultant will inspect and either accept or reject any required remedial action by the Contractor.