Common use of CONSTRUCTION PHASE SERVICES The Construction Phase Clause in Contracts

CONSTRUCTION PHASE SERVICES The Construction Phase. will commence upon the issuance of a written Notice of Award from the Owner to the Constructor with simultaneous notification to the Design Professional. The Design Professional shall (a) review and advise the Owner as to the sufficiency of the schedule of values submitted by the Constructor for the Work, (b) review and advise the Owner as to the sufficiency of the Project Schedule with the Schedule of the Work submitted by the Constructor and approved by the Owner, (c) prepare design documents, including Instructions to Constructors, in connection with change orders, and (d) respond to Constructor requests for information (RFI). The Design Professional shall furnish to the Owner and, if directed, to the Constructor interpretations and clarifications of the Drawings and Specifications, by means of additional Drawings, Addenda, Instruction to Constructor or otherwise, as are necessary for the proper execution and progress of the Work. All such interpretations and clarifications shall be consistent with the intent of the Construction Documents and reasonably inferable from them. 3.2.8.1 The Design Professional shall review the Constructor's submittals, including shop drawings, product data, and samples, and make recommendations about such submittals to the Owner within ten (10) Business Days of receiving the submittals from the Constructor, unless mutually agreed otherwise by the Design Professional, Constructor, and Owner. The Design Professional shall check the Constructor's submittals for conformance with the design and the scope of the Project and for compliance with the Construction Documents. The Design Professional's review shall not extend to the Constructor's means, methods, techniques, sequences, or procedures, unless such means, methods, techniques, sequences, or procedures have been specified by the Construction Documents. 3.2.8.2 The Design Professional shall assist the Owner in the evaluation of requests for changes in the Work. Based on its evaluation, the Design Professional shall make a recommendation to the Owner's Representative in writing within five (5) working Days of a receipt of requests for changes in the Work. 3.2.8.3 The Design Professional shall visit the Worksite at appropriate intervals to become generally familiar with the quality of the Work and to determine in general if the Work is proceeding in accordance with the Construction Documents. After each Worksite visit, the Design Professional shall promptly provide the Owner with a written report. If the Design Professional becomes aware of any defects or deficiencies in the Work, the Design Professional shall provide prompt notice, followed by written confirmation, to the Owner. If, in the Design Professional's opinion, special testing or inspection of the Work is needed, the Design Professional shall recommend to the Owner such testing or inspection procedures and appropriate consultants. The Design Professional shall not be responsible for construction means, methods, techniques, sequences, and procedures, unless they are specified by the Design Professional, or for ensuring that the Work is in accordance with the Construction Documents. 3.2.8.4 The Design Professional shall not be responsible for the Constructor's safety precautions and programs. However, if the Design Professional has actual knowledge of safety violations, the Design Professional shall give prompt written notice to the Owner. 3.2.8.5 The Design Professional shall assist the Owner as requested in processing the Constructor's applications for payment. Based on the Design Professional’s on-site observations and other relevant information, the Design Professional shall recommend and certify upon request to the Owner the amounts due the Constructor and that the Work has progressed to the point indicated in the payment application based on the schedule of values submitted by the Constructor. The Design Professional will interpret the Construction Documents and judge the performance thereunder by both the Owner and the Constructor as follows: The Design Professional will render interpretations necessary for the proper execution or progress of the Work to the Owner within five (5) working Days of receipt of Contractor’s application for payment when requested by the Owner. 3.2.8.6 The Design Professional's certification for payment shall not be a representation that the Design Professional has: (a) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (b) reviewed construction means, methods, techniques, sequences, or procedures for the Constructor's Work; (c) reviewed copies of requisitions received from Subcontractors and Material Suppliers and other data requested by the Owner to substantiate the Constructor's right to payment; or (d) ascertained how or for what purpose the Constructor has used money previously paid. The Design Professional shall be entitled to rely on the Constructor's certification as to the application of moneys previously paid. 3.2.8.7 The Design Professional shall attend meetings with the Owner and the Constructor upon reasonable request of the Owner. The Design Professional shall keep meeting minutes, prepare a report of each meeting and distribute copies to the Owner’s Representative, Design Professional Representative and Constructor for distribution. 3.2.8.8 The Design Professional shall assist the Owner in conducting inspections to determine the date or dates of the Constructor's Substantial Completion of the Work. Such assistance shall include compiling a list of items to be completed or corrected so that the Owner may occupy or utilize the Work or a designated portion for its intended use, without unscheduled disruption. The Design Professional shall assist the Owner in conducting inspections to determine the Constructor's Final Completion of the Work. 3.2.8.9 In the course of conducting on-site observations to determine the dates of Substantial Completion and Final Completion, the Design Professional, along with appropriate Consultants, shall develop and submit to the Owner, a list of contract items to be completed or corrected (punch list). The Design Professional shall assist the Owner in establishing appropriate warranty and guarantee commencement dates for various items of mechanical, electrical and conveying equipment. 3.2.8.10 COMMISSIONING If requested by the Owner, the Design Professional shall assist with the implementation of formal commissioning including the start-up and/or operation of all building systems that are part of the Work. 3.2.8.11 If requested by the Owner, the Design Professional shall visit the Worksite during the Constructor's one-year correction period to assist the Owner in evaluating the need for any corrective measures. 3.2.8.12 The Design Professional will interpret the Construction Documents and judge the performance thereunder by both the Owner and the Constructor as follows: 3.2.8.12.1 Claims, disputes and other matters in question between the Constructor and the Owner relating to the execution or progress of the Work or the interpretations of the Construction Documents may be referred initially to the Design Professional for recommendation, which the Design Professional will render in writing to the Owner within a reasonable time. 3.2.8.12.2 All interpretations and recommendations of the Design Professional shall be consistent with the intent of and reasonably inferable from the Construction Documents and will be in writing or in the form of Drawings. In the Design Professional's interpretations and judgments, the Design Professional will endeavor to secure faithful performance by both the Owner and the Constructor, will not show partiality to either, and will not be liable for the result of any interpretation or judgment rendered in good faith.

CONSTRUCTION PHASE SERVICES The Construction Phase. will commence upon the issuance of a written Notice of Award from the Owner to the Constructor with simultaneous notification to the Design Professional. The Design Professional shall (a) review and advise the Owner as to the sufficiency of the schedule of values submitted by the Constructor for the Work, (b) review and advise the Owner as to the sufficiency of the Project Schedule with the Schedule of the Work submitted by the Constructor and approved by the Owner, (c) prepare design documents, including Instructions to Constructors, in connection with change orders, and (d) respond to Constructor requests for information (RFI). The Design Professional shall furnish to the Owner and, if directed, to the Constructor interpretations and clarifications of the Drawings and Specifications, by means of additional Drawings, Addenda, Instruction to Constructor or otherwise, as are necessary for the proper execution and progress of the Work. All such interpretations and clarifications shall be consistent with the intent of the Construction Documents and reasonably inferable from them. 3.2.8.1 The Design Professional shall review the Constructor's submittals, including shop drawings, product data, and samples, and make approvals of or recommendations about such submittals to the Owner within ten (10) Business Days of receiving the submittals from the Constructor, unless mutually agreed otherwise by the Design Professional, Constructor, and Owner. The Design Professional shall check the Constructor's submittals for conformance with the design and the scope of the Project and for compliance with the Construction Documents. The Design Professional's review shall not extend to the Constructor's means, methods, techniques, sequences, or procedures, unless such means, methods, techniques, sequences, or procedures have been specified by the Construction Documents. 3.2.8.2 The Design Professional shall assist the Owner in the evaluation of requests for changes in the Work. Based on its evaluation, the Design Professional shall make a recommendation to the Owner's Representative in writing within five (5) working Days of a receipt of requests for changes in the Work. 3.2.8.3 The Design Professional shall visit the Worksite at appropriate intervals to become generally familiar with the quality of the Work and to determine in general if the Work is proceeding in accordance with the Construction Documents. After each Worksite visit, the Design Professional shall promptly provide the Owner with a written report. If the Design Professional becomes aware of any defects or deficiencies in the Work, the Design Professional shall provide prompt notice, followed by written confirmation, to the Owner. If, in the Design Professional's opinion, special testing or inspection of the Work is needed, the Design Professional shall recommend to the Owner such testing or inspection procedures and appropriate consultants. The Design Professional shall not be responsible for construction means, methods, techniques, sequences, and procedures, unless they are specified by the Design Professional, or for ensuring that the Work is in accordance with the Construction Documents. 3.2.8.4 The Design Professional shall not be responsible for the Constructor's safety precautions and programs. However, if the Design Professional has actual knowledge of safety violations, the Design Professional shall give prompt written notice to the Owner. 3.2.8.5 The Design Professional shall assist the Owner as requested in processing the Constructor's applications for payment. Based on the Design Professional’s on-site observations and other relevant information, the Design Professional shall recommend and certify upon request to the Owner the amounts due the Constructor and that the Work has progressed to the point indicated in the payment application based on the schedule of values submitted by the Constructor. The Design Professional will interpret the Construction Documents and judge the performance thereunder by both the Owner and the Constructor as follows: The Design Professional will render interpretations necessary for the proper execution or progress of the Work to the Owner within five (5) working Days of receipt of Contractor’s application for payment when requested by the Owner. 3.2.8.6 The Design Professional's certification for payment shall not be a representation that the Design Professional has: (a) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (b) reviewed construction means, methods, techniques, sequences, or procedures for the Constructor's Work; (c) reviewed copies of requisitions received from Subcontractors and Material Suppliers and other data requested by the Owner to substantiate the Constructor's right to payment; or (d) ascertained how or for what purpose the Constructor has used money previously paid. The Design Professional shall be entitled to rely on the Constructor's certification as to the application of moneys previously paid. 3.2.8.7 The Design Professional shall attend meetings with the Owner and the Constructor upon reasonable request of the Owner. The Design Professional shall keep meeting minutes, prepare a report of each meeting and distribute copies to the Owner’s Representative, Design Professional Representative and Constructor for distribution. 3.2.8.8 The Design Professional shall assist the Owner in conducting inspections to determine the date or dates of the Constructor's Substantial Completion of the Work. Such assistance shall include compiling a list of items to be completed or corrected so that the Owner may occupy or utilize the Work or a designated portion for its intended use, without unscheduled disruption. The Design Professional shall assist the Owner in conducting inspections to determine the Constructor's Final Completion of the Work. 3.2.8.9 In the course of conducting on-site observations to determine the dates of Substantial Completion and Final Completion, the Design Professional, along with appropriate Consultants, shall develop and submit to the Owner, a list of contract items to be completed or corrected (punch list). The Design Professional shall assist the Owner in establishing appropriate warranty and guarantee commencement dates for various items of mechanical, electrical and conveying equipment. 3.2.8.10 COMMISSIONING If requested by the Owner, the Design Professional shall assist with the implementation of formal commissioning including the start-up and/or operation of all building systems that are part of the Work. 3.2.8.11 If requested by the Owner, the Design Professional shall visit the Worksite during the Constructor's one-year correction period to assist the Owner in evaluating the need for any corrective measures. 3.2.8.12 The Design Professional will interpret the Construction Documents and judge the performance thereunder by both the Owner and the Constructor as follows: 3.2.8.12.1 Claims, disputes and other matters in question between the Constructor and the Owner relating to the execution or progress of the Work or the interpretations of the Construction Documents may be referred initially to the Design Professional for recommendation, which the Design Professional will render in writing to the Owner within a reasonable time. 3.2.8.12.2 All interpretations and recommendations of the Design Professional shall be consistent with the intent of and reasonably inferable from the Construction Documents and will be in writing or in the form of Drawings. In the Design Professional's interpretations and judgments, the Design Professional will endeavor to secure faithful performance by both the Owner and the Constructor, will not show partiality to either, and will not be liable for the result of any interpretation or judgment rendered in good faith.;

CONSTRUCTION PHASE SERVICES The Construction Phase. will commence upon the issuance of a written Notice of Award from the Owner to the Constructor with simultaneous notification to the Design Professional. The Design Professional shall (a) review and advise the Owner as to the sufficiency of the schedule of values submitted by the Constructor for the Work, (b) review and advise the Owner as to the sufficiency of the Project Schedule with the Schedule of the Work submitted by the Constructor and approved by the Owner, (c) prepare design documents, including Instructions to Constructors, in connection with change orders, and (d) respond to Constructor requests for information (RFI). The Design Professional shall furnish to the Owner and, if directed, to the Constructor interpretations and clarifications of the Drawings and Specifications, by means of additional Drawings, Addenda, Instruction to Constructor or otherwise, as are necessary for the proper execution and progress of the Work. All such interpretations and clarifications shall be consistent with the intent of the Construction Documents and reasonably inferable from them. 3.2.8.1 The Design Professional shall review the Constructor's submittals, including shop drawings, product data, and samples, and make approvals of or recommendations about such submittals to the Owner within ten (10) Business Days of receiving the submittals from the Constructor, unless mutually agreed otherwise by the Design Professional, Constructor, and Owner. The Design Professional shall check the Constructor's submittals for conformance with the design and the scope of the Project and for compliance with the Construction Documents. The Design Professional's review shall not extend to the Constructor's means, methods, techniques, sequences, or procedures, unless such means, methods, techniques, sequences, or procedures have been specified by the Construction Documents. 3.2.8.2 The Design Professional shall assist the Owner in the evaluation and processing of requests for changes in the Work. Based on its evaluation, the Design Professional shall make appropriate recommendations to the Owner by: Reviewing Change Order proposals and making a recommendation to the Owner's Representative in writing within five (5) working Days of a receipt of requests for changes in the Workproposal. 3.2.8.3 The Design Professional shall visit the Worksite at appropriate intervals to become generally familiar with the quality of the Work and to determine in general if the Work is proceeding in accordance with the Construction Documents. After each Worksite visit, the Design Professional shall promptly provide the Owner with a written report. If the Design Professional becomes aware of any defects or deficiencies in the Work, the Design Professional shall provide prompt notice, followed by written confirmation, to the Owner. If, in the Design Professional's opinion, special testing or inspection of the Work is needed, the Design Professional shall recommend to the Owner such testing or inspection procedures and appropriate consultants. The Design Professional shall not be responsible for construction means, methods, techniques, sequences, and procedures, unless they are specified by the Design Professional, or for ensuring that the Work is in accordance with the Construction Documents. 3.2.8.4 The Design Professional shall not be responsible for the Constructor's safety precautions and programs. However, if the Design Professional has actual knowledge of safety violations, the Design Professional shall give prompt written notice to the Owner. 3.2.8.5 The Design Professional shall assist the Owner as requested in processing the Constructor's applications for payment. Based on the Design Professional’s its on-site observations and other relevant information, the Design Professional shall recommend and certify upon request to the Owner the amounts due the Constructor and that the Work has progressed to the point indicated in the payment application based on the schedule of values submitted by the Constructor. The Design Professional will interpret the Construction Documents and judge the performance thereunder by both the Owner and the Constructor as follows: The Design Professional will render interpretations necessary for the proper execution or progress of the Work with reasonable promptness and in accordance with any time limit agreed upon. Either party to the Owner within five (5) working Days of receipt of Contractor’s application contract may make a written request to the Design Professional for payment when requested by the Ownersuch interpretations. 3.2.8.6 The Design Professional's certification for payment shall not be a representation that the Design Professional has: (a) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (b) reviewed construction means, methods, techniques, sequences, or procedures for the Constructor's Work; (c) reviewed copies of requisitions received from Subcontractors and Material Suppliers and other data requested by the Owner to substantiate the Constructor's right to payment; or (d) ascertained how or for what purpose the Constructor has used money previously paid. The Design Professional shall be entitled to rely on the Constructor's certification as to the application of moneys previously paid. 3.2.8.7 The Design Professional shall attend meetings with the Owner and the Constructor upon reasonable request of the Owner. The Design Professional shall keep meeting minutes, prepare a report of each meeting and distribute copies to the Owner’s Representative, Design Professional Representative and Constructor for distribution. 3.2.8.8 The Design Professional shall assist the Owner in conducting inspections to determine the date or dates of the Constructor's Substantial Completion of the Work. Such assistance shall include compiling a list of items to be completed or corrected so that the Owner may occupy or utilize the Work or a designated portion for its intended use, without unscheduled disruption. The Design Professional shall assist the Owner in conducting inspections to determine the Constructor's Final Completion of the Work. 3.2.8.9 In the course of conducting on-site observations to determine the dates of Substantial Completion and Final Completion, the Design Professional, along with appropriate Consultants, shall develop and submit to the Owner, a list of contract items to be completed or corrected (punch list). The Design Professional shall assist the Owner in establishing appropriate warranty and guarantee commencement dates for various items of mechanical, electrical and conveying equipment. 3.2.8.10 COMMISSIONING If requested by the Owner, the Design Professional shall assist with the implementation of formal commissioning including the start-up and/or operation of all building systems that are part of the Work. 3.2.8.11 If requested by the Owner, the Design Professional shall visit the Worksite during the Constructor's one-year correction period to assist the Owner in evaluating the need for any corrective measures. 3.2.8.12 The Design Professional will interpret the Construction Documents and judge the performance thereunder by both the Owner and the Constructor as follows: 3.2.8.12.1 Claims, disputes and other matters in question between the Constructor and the Owner relating to the execution or progress of the Work or the interpretations of the Construction Documents may be referred initially to the Design Professional for recommendation, which the Design Professional will render in writing to the Owner within a reasonable time. 3.2.8.12.2 All interpretations and recommendations of the Design Professional shall be consistent with the intent of and reasonably inferable from the Construction Documents and will be in writing or in the form of Drawings. In the Design Professional's interpretations and judgments, the Design Professional will endeavor to secure faithful performance by both the Owner and the Constructor, will not show partiality to either, and will not be liable for the result of any interpretation or judgment rendered in good faith.;