CONSTRUCTION PERSONNEL AND SUPERVISION. 3.2.1 The Construction Manager shall provide competent supervision at all times when the Work is being performed. Before commencing the Work, the Construction Manager shall notify the Owner in writing of the name and qualifications of its proposed superintendent(s) and project manager, so the Owner may review the individual's qualifications. If, for reasonable cause, the Owner refuses to approve the individual, or withdraws its approval after once giving it, the Construction Manager shall name a different superintendent or project manager for the Owner's review. Any disapproved superintendent or project manager shall not perform in that capacity thereafter at the Worksite. The project manager and superintendent shall not be changed without prior written consent of the Owner unless they cease to be in the employ of the Construction Manager. The superintendent, or another qualified representative designated by the Construction Manager and approved by the Owner, shall be in attendance at the Project site during performance of the Work and shall represent the Construction Manager. 3.2.2 The Construction Manager shall be responsible to the Owner for acts or omissions of Parties or entities performing portions of the Work for or on behalf of the Construction Manager or any of its Subcontractors. 3.2.3 The Construction Manager and its Subcontractors shall permit only fit and skilled persons to perform the Work and shall not permit any persons on site which would violate court orders for convicted sex offenders. The Construction Manager shall enforce safety procedures, strict discipline and good order among persons performing the Work. If the Owner becomes aware that a particular person has failed to follow any state or federal law and Owner policies, including but not limited to Sexual Harassment, and does not follow safety procedures, or is unfit or unskilled for the assigned work, the Construction Manager shall immediately reassign the person on receipt of the Owner's written notice to do so. 3.2.4 The Owner will not tolerate sexual harassment. Sexual harassment is a form of sex discrimination as defined in the Code of Iowa and is a violation of both state and federal law.
Appears in 4 contracts
Samples: Construction Manager Agreement, Construction Manager Agreement, Construction Manager Agreement
CONSTRUCTION PERSONNEL AND SUPERVISION. 3.2.1 The Construction Manager shall provide competent supervision at all times when the Work is being performed. Before commencing the Work, the Construction Manager shall notify the Owner in writing of the name and qualifications of its proposed superintendent(s) and project manager, so the Owner may review the individual's qualifications. If, for reasonable cause, the Owner refuses to approve the individual, or withdraws its approval after once giving it, the Construction Manager shall name a different superintendent or project manager for the Owner's review. Any disapproved superintendent or project manager shall not perform in that capacity thereafter at the Worksite. The project manager and superintendent shall not be changed without prior written consent of the Owner unless they cease to be in the employ of the Construction Manager. The superintendent, or another qualified representative designated by the Construction Manager and approved by the Owner, shall be in attendance at the Project site during performance of the Work and shall represent the Construction Manager.
3.2.2 . The Construction Manager shall be responsible to the Owner for acts or omissions of Parties or entities performing portions of the Work for or on behalf of the Construction Manager or any of its Subcontractors.
3.2.3 . The Construction Manager and its Subcontractors shall permit only fit and skilled persons to perform the Work and shall not permit any persons on site which would violate court orders for convicted sex offenders. The Construction Manager shall enforce safety procedures, strict discipline and good order among persons performing the Work. If the Owner becomes aware that a particular person has failed to follow any state or federal law and Owner policies, including but not limited to Sexual Harassment, and does not follow safety procedures, or is unfit or unskilled for the assigned work, the Construction Manager shall immediately reassign the person on receipt of the Owner's written notice to do so.
3.2.4 . The Owner will not tolerate sexual harassment. Sexual harassment is a form of sex discrimination as defined in the Code of Iowa and is a violation of both state and federal law.
Appears in 2 contracts
Samples: Construction Management Agreement, Construction Manager Agreement
CONSTRUCTION PERSONNEL AND SUPERVISION. 3.2.1 The Construction Manager shall provide competent supervision at all times when the Work is being performed. .. Before commencing the Work, the Construction Manager shall notify the Owner in writing of the name and qualifications of its proposed superintendent(s) and project manager, so the Owner may review the individual's qualifications. If, for reasonable cause, the Owner refuses to approve the individual, or withdraws its approval after once giving it, the Construction Manager shall name a different superintendent or project manager for the Owner's review. Any disapproved superintendent or project manager shall not perform in that capacity thereafter at the Worksite. The project manager and superintendent shall not be changed without prior written consent of the Owner unless they cease to be in the employ of the Construction Manager. The superintendent, or another qualified representative designated by the Construction Manager and approved by the Owner, shall be in attendance at the Project site during performance of the Work and shall represent the Construction Manager.
3.2.2 The Construction Manager shall be responsible to the Owner for acts or omissions of Parties or entities performing portions of the Work for or on behalf of the Construction Manager or any of its Subcontractors.
3.2.3 The Construction Manager and its Subcontractors shall permit only fit and skilled persons to perform the Work and shall not permit any persons on site which would violate court orders for convicted sex offendersWork. The Construction Manager shall enforce safety procedures, strict discipline and good order among persons performing the Work. If the Owner becomes aware determines that a particular person has failed to follow any state or federal law and Owner policies, including but not limited to Sexual Harassment, and does not follow safety procedures, or is unfit or unskilled for the assigned work, the Construction Manager shall immediately reassign the person on receipt of the Owner's written notice to do so.
3.2.4 The Owner will not tolerate sexual harassment. Sexual harassment is a form of sex discrimination as defined in the Code of Iowa and is a violation of both state and federal law.
Appears in 1 contract
Samples: Construction Manager Agreement
CONSTRUCTION PERSONNEL AND SUPERVISION. 3.2.1 The Construction Manager shall provide competent supervision at all times when the Work is being performed. .. Before commencing the Work, the Construction Manager shall notify the Owner in writing of the name and qualifications of its proposed superintendent(s) and project manager, so the Owner may review the individual's qualifications. If, for reasonable cause, the Owner refuses to approve the individual, or withdraws its approval after once giving it, the Construction Manager shall name a different superintendent or project manager for the Owner's review. Any disapproved superintendent or project manager shall not perform in that capacity thereafter at the Worksite. The project manager and superintendent shall not be changed without prior written consent of the Owner unless they cease to be in the employ of the Construction Manager. The superintendent, or another qualified representative designated by the Construction Manager and approved by the Owner, superintendent shall be in attendance at the Project site during performance of the Work and shall represent the Construction Manager.
3.2.2 The Construction Manager shall be responsible to the Owner for acts or omissions of Parties or entities performing portions of the Work for or on behalf of the Construction Manager or any of its Subcontractors.
3.2.3 The Construction Manager and its Subcontractors shall permit only fit and skilled persons to perform the Work and shall not permit any persons on site which would violate court orders for convicted sex offendersWork. The Construction Manager shall enforce safety procedures, strict discipline and good order among persons performing the Work. If the Owner becomes aware determines that a particular person has failed to follow any state or federal law and Owner policies, including but not limited to Sexual Harassment, and does not follow safety procedures, or is unfit or unskilled for the assigned work, the Construction Manager shall immediately reassign the person on receipt of the Owner's written notice to do so.
3.2.4 The Owner will not tolerate sexual harassment. Sexual harassment is a form of sex discrimination as defined in the Code of Iowa and is a violation of both state and federal law.
Appears in 1 contract
Samples: Construction Manager Agreement
CONSTRUCTION PERSONNEL AND SUPERVISION. 3.2.1 The Construction Manager Constructor shall provide competent supervision at all times when for the Work is being performedperformance of the Work. Before commencing the Work, the Construction Manager Constructor shall notify the Owner in writing of the name and qualifications of its proposed superintendent(s) and project manager, manager so the Owner may review the individual's qualifications. If, for reasonable cause, the Owner refuses to approve the individual, or withdraws its approval after once giving it, the Construction Manager Constructor shall name a different superintendent or project manager for the Owner's review. Any disapproved superintendent or project manager shall not perform in that capacity thereafter at the Worksite. The project manager and superintendent shall not be changed without prior written consent of the Owner unless they cease to be in the employ of the Construction Manager. The superintendent, or another qualified representative designated by the Construction Manager and approved by the Owner, shall be in attendance at the Project site during performance of the Work and shall represent the Construction Manager.
3.2.2 The Construction Manager Constructor shall be responsible to the Owner for acts or omissions of Parties parties or entities performing portions of the Work for or on behalf of the Construction Manager Constructor or any of its Subcontractors.
3.2.3 . The Construction Manager and its Subcontractors Constructor shall permit only fit and skilled persons to perform the Work and shall not permit any persons on site which would violate court orders for convicted sex offendersWork. The Construction Manager Constructor shall enforce safety procedures, strict discipline and good order among persons performing the Work. If the Owner becomes aware determines that a particular person has failed to follow any state or federal law and Owner policies, including but not limited to Sexual Harassment, and does not follow safety procedures, or is unfit or unskilled for the assigned work, the Construction Manager Constructor shall immediately reassign the person on receipt of the Owner's written notice to do so.
3.2.4 . QUALITY PLAN The Constructor, Trade Contractors and Subcontractors shall submit to the Management Group for its approval a construction operations quality plan that addresses the following: the removal of clutter and all unnecessary items from the work environment; locating items that will be used during construction so as to facilitate their efficient and responsible use; creating an orderly and clean workspace with continuous inspection and clean-up; standardizing and constantly improving construction operation practices; creating a culture of discipline and continuous improvement. WORKMANSHIP The Work shall be executed in accordance with the Contract Documents in a workmanlike manner. All materials used in the Work shall be furnished in sufficient quantities to facilitate the proper and expeditious execution of the Work and shall be new except such materials as may be expressly provided in the Contract Documents to be otherwise. MATERIALS FURNISHED BY THE OWNER OR OTHERS In the event the Work includes installation of materials or equipment furnished by the Owner or Others, it shall be the responsibility of the Constructor to examine the items so provided and thereupon handle, store and install the items, unless otherwise provided in the Contract Documents, with such skill and care as to provide a satisfactory and proper installation. Loss or damage due to acts or omissions of the Constructor shall be the responsibility of the Constructor and may be deducted from any amounts due or to become due the Constructor. Any defects discovered in such materials or equipment shall be reported at once to the Owner. Following receipt of written notice from the Constructor of defects, the Owner shall promptly inform the Constructor what action, if any, the Constructor shall take with regard to the defects. TESTS AND INSPECTIONS The Constructor shall schedule all required tests, approvals and inspections of the Work or portions thereof at appropriate times so as not to delay the progress of the Work or other work related to the Project. The Constructor shall give proper notice to all required Parties of such tests, approvals and inspections. If feasible, the Owner and Others may timely observe the tests at the normal place of testing. The Owner shall bear all expenses associated with tests, inspections and approvals required by the Contract Documents, except as provided in Subparagraph 13.6.3, and which, unless otherwise agreed to, shall be conducted by an independent testing laboratory or entity retained by the Owner. Unless otherwise required by the Contract Documents, required certificates of testing, approval or inspection shall be secured by the Constructor and promptly delivered to the Owner. If the Owner or appropriate authorities determine that tests, inspections or approvals in addition to those required by the Contract Documents will not tolerate sexual harassmentbe necessary, the Constructor shall arrange for the procedures and give timely notice to the Owner and Others who may observe the procedures. Sexual harassment is a form Costs of sex discrimination the additional tests, inspections or approvals are at the Owner's expense except as defined provided in Subparagraph 13.6.3. If the Code procedures described in Paragraph 13.6 indicate that portions of Iowa the Work fail to comply with the Contract Documents, the Constructor shall be responsible for costs of correction and is a violation of both state and federal lawretesting.
Appears in 1 contract
Samples: Tri Party Agreement