Common use of Construction Services Phase Clause in Contracts

Construction Services Phase. During the construction phase of the Project, the Design Professional will: 3.5.1 Become familiar with the responsibilities of the Design Professional set forth in the Contract Documents, all of which are incorporated herein by reference. 3.5.2 Prepare a set of black-line prints and deliver them to the Contractor at the start of construction. 3.5.3 Upon the request of the Owner’s Representative, participate in pre- construction meetings with the Owner’s Representative and the Contractor, Subcontractors and Suppliers for the Project, and attend all construction progress meetings. 3.5.4 At the request of the Owner, interpret and decide matters concerning the design. All interpretations and decisions of the Design Professional will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 3.5.5 Clarify any ambiguities and rectify all inaccuracies, inconsistencies, incompleteness, inadequacies and omissions in the drawings, specifications or other Contract Documents which have been prepared by the Design Professional and which are brought to the attention of the Design Professional by the Owner or Contractor; provided, however, that neither the Owner nor the Contractor will have an obligation to discover any such deficiency. 3.5.6 Prepare bulletins and/or construction change directives (CCDs) at no cost to the Owner, arising as a result of any inaccuracy, inadequacy, conflict or other deficiency in the Contract Documents including the Construction Documents and bid documents to the extent that they were prepared by the Design Professional. The Design Professional will, as part of its Basic Services, provide the Owner with a cost estimate of each prior to their issuance to the Contractor. 3.5.7 Review and approve or take other appropriate actions with regard to all shop drawings, Project data, Contractor-generated coordination drawings, training schedules, and samples. It is solely the responsibility of the Design Professional to verify that all shop drawings are in compliance with the Construction Documents, including the final (or amended) Construction Documents and bid documents. The Design Professional will not be responsible for any deviations from the Construction Documents not brought to the attention of, or submitted to, the Design Professional in writing by the Contractor and/or Subcontractor(s), unless the deviation should, under the applicable standard of care, have been discovered in the course of the Design Professional's review. The Design Professional is to maintain a file of Project submittals for use throughout the duration of the Project. 3.5.8 Revise the Construction Documents when necessary or appropriate in connection with a change to the Work. Sign all change orders. The Design Professional will not be compensated therefor to the extent the revision is necessary because of the Design Professional’s errors or omissions or breach of this Agreement. 3.5.9 Visit the Project Site to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. Work observed to be nonconforming will be rejected in writing by the Design Professional. The Design Professional will give the Owner and the Contractor written notification of any such rejection and written reports summarizing the circumstances and findings of each observation. On the basis of its on-site observations, the Design Professional will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work. 3.5.10 Advise and consult with the Owner and the Contractor concerning the conformance of the Work to the Construction Documents. If the Design Professional at any time observes or otherwise becomes aware of any fault or defect in the Work, or any nonconformance of the Work with the Contract Documents, give prompt written notice to the Contractor and the Owner. 3.5.11 Participate, as necessary, with the Owner and the Contractor in meetings or through correspondence with governmental and/or regulatory agencies regarding reviews and inspections of the Project. 3.5.12 Require, when it deems them necessary, special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed, as long as the Design Professional has first received written authorization from the Owner’s Representative. 3.5.13 Meet monthly with the Contractor and the Owner to review and approve Subcontractor Payment Applications. Where progress payments are requested based upon portions of the Work performed on a unit price basis, review, and if appropriate approve, the Contractor's verification of the number of units provided. 3.5.14 Review and certify or reject the Contractor’s applications for payment. The issuance of an approved certificate of payment will constitute a representation by the Design Professional to the Owner that to the best of the Design Professional’s knowledge acting within the standard of care required by this Agreement, the Work has progressed to the point indicated in the certificate of payment; that the quality of Work is in accordance with the Contract Documents (subject to specific qualifications stated in the particular certificate); and that the Contractor is entitled to payment in the amount certified by the Design Professional. If the Design Professional rejects any payment application, it will set forth the reason for its rejection in writing. 3.5.15 Conduct preliminary, above ceiling, pre-final, and final inspections of the Work and prepare and submit to the Owner’s Representative and the Contractor a proposed punchlist or lists after the pre-final inspection noting all Work that is observed during the inspection to be defective or fails to conform to the Contract Documents. Make all necessary final inspections to verify correction of all deficiencies during the Correction Period. 3.5.16 Prepare and submit As-constructed Record Drawings to the Owner within thirty (30) days of the Design Professional’s receipt of the supporting documentation from the Contractor. The As-constructed Record Drawings will be submitted in the format set forth in the Design Guidelines Section 2. 3.5.17 Review proposed change order quotations from the Contractor and make written recommendations to the Owner as to the propriety of such quotations. 3.5.18 When the Work has reached an appropriate stage, certify to the Owner, in writing, the dates of Substantial Completion and Final Completion of the Project, both as defined in the General Conditions. 3.5.18.1 Within a reasonable time after being notified that the Contractor believes the Work to be substantially complete, the Design Professional will make a preliminary inspection of the Work to determine if it is substantially complete. If in the opinion of the Design Professional the Work is not substantially complete, the Design Professional will notify the Contractor, stating what will be required to bring the Work into a state of Substantial Completion. Update the punchlist at Substantial Completion. 3.5.19 Prepare and submit to Owner, as requested by the Owner’s Representative, a list of items to be delivered pursuant to the terms of the Contract Documents, including operation and maintenance manuals, spare parts and training manuals. 3.5.20 Receive and review operation and maintenance manuals in the same manner as that of any other submittal. 3.5.21 Respond to Owner inquiries and assist in the initial start-up of architectural, mechanical, plumbing, electrical and such other systems, as the Owner will require. 3.5.22 Inspect the Project before the final certificate for payment is issued and prepare for the Owner a list of observed items, materials or systems that require replacement or additional Work by the Contractor pursuant to the warranties given in or required by the Contract Documents. 3.5.23 The Design Professional will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, but must comply with all laws, regulations and ordinances and the administrative rules and administrative plans of the Contractor.

Appears in 6 contracts

Samples: Design Agreement, Design Agreement, Design Agreement

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Construction Services Phase. During the construction phase of the Project, the Design Professional will: 3.5.1 Become familiar with the responsibilities of the Design Professional set forth in the Contract Documents, all of which are incorporated herein by reference. 3.5.2 Prepare a set of black-line prints and deliver them to the Contractor Construction Manager at the start of construction. 3.5.3 Upon the request of the Owner’s Representative, participate in pre- construction meetings with the Owner’s Representative and the ContractorConstruction Manager, Subcontractors Trade Contractors and Suppliers for the Project, and attend all construction progress meetings. 3.5.4 At the request of the Owner, interpret and decide matters concerning the design. All interpretations and decisions of the Design Professional will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 3.5.5 Clarify any ambiguities and rectify all inaccuracies, inconsistencies, incompleteness, inadequacies and omissions in the drawings, specifications or other Contract Documents which have been prepared by the Design Professional and which are brought to the attention of the Design Professional by the Owner or ContractorConstruction Manager; provided, however, that neither the Owner nor the Contractor Construction Manager will have an obligation to discover any such deficiency. 3.5.6 Prepare bulletins and/or construction change directives (CCDs) at no cost to the Owner, arising as a result of any inaccuracy, inadequacy, conflict or other deficiency in the Contract Documents including the Construction Documents and bid documents to the extent that they were prepared by the Design Professional. The Design Professional will, as part of its Basic Services, provide the Owner with a cost estimate of each prior to their issuance to the ContractorConstruction Manager. 3.5.7 Review and approve or take other appropriate actions with regard to all shop drawings, Project data, ContractorConstruction Manager-generated coordination drawings, training schedules, and samples. It is solely the responsibility of the Design Professional to verify that all shop drawings are in compliance with the Construction Documents, including the final (or amended) Construction Documents and bid documents. The Design Professional will not be responsible for any deviations from the Construction Documents not brought to the attention of, or submitted to, the Design Professional in writing by the Contractor Construction Manager and/or Subcontractor(sTrade Contractor(s), unless the deviation should, under the applicable standard of care, have been discovered in the course of the Design Professional's review. The Design Professional is to maintain a file of Project submittals for use throughout the duration of the Project. 3.5.8 Revise the Construction Documents when necessary or appropriate in connection with a change to the Work. Sign all change orders. The Design Professional will not be compensated therefor to the extent the revision is necessary because of the Design Professional’s errors or omissions or breach of this Agreement. 3.5.9 Visit the Project Site to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. Work observed to be nonconforming will be rejected in writing by the Design Professional. The Design Professional will give the Owner and the Contractor Construction Manager written notification of any such rejection and written reports summarizing the circumstances and findings of each observation. On the basis of its on-site observations, the Design Professional will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work. 3.5.10 Advise and consult with the Owner and the Contractor Construction Manager concerning the conformance of the Work to the Construction Documents. If the Design Professional at any time observes or otherwise becomes aware of any fault or defect in the Work, or any nonconformance of the Work with the Contract Documents, give prompt written notice to the Contractor Construction Manager and the Owner. 3.5.11 Participate, as necessary, with the Owner and the Contractor Construction Manager in meetings or through correspondence with governmental and/or regulatory agencies regarding reviews and inspections of the Project. 3.5.12 Require, when it deems them necessary, special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed, as long as the Design Professional has first received written authorization from the Owner’s Representative. 3.5.13 Meet monthly with the Contractor Construction Manager and the Owner to review and approve Subcontractor Trade Contractor Payment Applications. Where progress payments are requested based upon portions of the Work performed on a unit price basis, review, and if appropriate approve, the ContractorConstruction Manager's verification of the number of units provided. 3.5.14 Review and certify or reject the ContractorConstruction Manager’s applications for payment. The issuance of an approved certificate of payment will constitute a representation by the Design Professional to the Owner that to the best of the Design Professional’s knowledge acting within the standard of care required by this Agreement, the Work has progressed to the point indicated in the certificate of payment; that the quality of Work is in accordance with the Contract Documents (subject to specific qualifications stated in the particular certificate); and that the Contractor Construction Manager is entitled to payment in the amount certified by the Design Professional. If the Design Professional rejects any payment application, it will set forth the reason for its rejection in writing. 3.5.15 Conduct preliminary, above ceiling, pre-final, and final inspections of the Work and prepare and submit to the Owner’s Representative and the Contractor Construction Manager a proposed punchlist or lists after the pre-final inspection noting all Work that is observed during the inspection to be defective or fails to conform to the Contract Documents. Make all necessary final inspections to verify correction of all deficiencies during the Correction Period. 3.5.16 Prepare and submit As-constructed Record Drawings to the Owner within thirty (30) days of the Design Professional’s receipt of the supporting documentation from the ContractorConstruction Manager. The As-constructed Record Drawings will be submitted in the format set forth in the Design Guidelines Section 2. 3.5.17 Review proposed change order quotations from the Contractor Construction Manager and make written recommendations to the Owner as to the propriety of such quotations. 3.5.18 When the Work has reached an appropriate stage, certify to the Owner, in writing, the dates of Substantial Completion and Final Completion of the Project, both as defined in the General Conditions. 3.5.18.1 Within a reasonable time after being notified that the Contractor Construction Manager believes the Work to be substantially complete, the Design Professional will make a preliminary inspection of the Work to determine if it is substantially complete. If in the opinion of the Design Professional the Work is not substantially complete, the Design Professional will notify the ContractorConstruction Manager, stating what will be required to bring the Work into a state of Substantial Completion. Update the punchlist at Substantial Completion. 3.5.19 Prepare and submit to Owner, as requested by the Owner’s Representative, a list of items to be delivered pursuant to the terms of the Contract Documents, including operation and maintenance manuals, spare parts and training manuals. 3.5.20 Receive and review operation and maintenance manuals in the same manner as that of any other submittal. 3.5.21 Respond to Owner inquiries and assist in the initial start-up of architectural, mechanical, plumbing, electrical and such other systems, as the Owner will require. 3.5.22 Inspect the Project before the final certificate for payment is issued and prepare for the Owner a list of observed items, materials or systems that require replacement or additional Work by the Contractor Construction Manager pursuant to the warranties given in or required by the Contract Documents. 3.5.23 The Design Professional will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, but must comply with all laws, regulations and ordinances and the administrative rules and administrative plans of the ContractorConstruction Manager.

Appears in 4 contracts

Samples: Owner and Design Professional Agreement, Design Agreement, Construction Manager Agreement

Construction Services Phase. During the construction phase of the Project, the Design Professional willshall: 3.5.1 Become familiar with the responsibilities of the Design Professional set forth in the Contract Documents, all of which are incorporated herein by reference. 3.5.2 Prepare a set of black-line prints and deliver them to the Contractor at the start of construction. 3.5.3 Upon the request of the Owner’s Representative, participate in pre- construction meetings with the Owner’s Representative and the Contractor, Subcontractors and Suppliers for the Project, and attend all construction progress meetings. 3.5.4 At the request of the Owner, interpret and decide matters concerning the design. All interpretations and decisions of the Design Professional will shall be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 3.5.5 Clarify any ambiguities and rectify all inaccuracies, inconsistencies, incompleteness, inadequacies and omissions in the drawings, specifications or other Contract Documents which have been prepared by the Design Professional and which are brought to the attention of the Design Professional by the Owner or Contractor; provided, however, that neither the Owner nor the Contractor will shall have an obligation to discover any such deficiency. 3.5.6 Prepare bulletins and/or construction change directives (CCDs) at no cost to the Owner, arising as a result of any inaccuracy, inadequacy, conflict or other deficiency in the Contract Documents including the Construction Documents and bid documents to the extent that they were prepared by the Design Professional. The Design Professional willshall, as part of its Basic Services, provide the Owner with a cost estimate of each prior to their issuance to the Contractor. 3.5.7 Review and approve or take other appropriate actions with regard to all shop drawings, Project data, Contractor-generated coordination drawings, training schedules, and samples. It is solely the responsibility of the Design Professional to verify that all shop drawings are in compliance with the Construction Documents, including the final (or amended) Construction Documents and bid documents. The Design Professional will shall not be responsible for any deviations from the Construction Documents not brought to the attention of, or submitted to, the Design Professional in writing by the Contractor and/or Subcontractor(s), unless the deviation should, under the applicable standard of care, have been discovered in the course of the Design Professional's review. The Design Professional is to maintain a file of Project submittals for use throughout the duration of the Project. 3.5.8 Revise the Construction Documents when necessary or appropriate in connection with a change to the Work. Sign all change orders. The Design Professional will shall not be compensated therefor to the extent the revision is necessary because of the Design Professional’s errors or omissions or breach of this Agreement. 3.5.9 Visit the Project Site to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. Work observed to be nonconforming will shall be rejected in writing by the Design Professional. The Design Professional will shall give the Owner and the Contractor written notification of any such rejection and written reports summarizing the circumstances and findings of each observation. On the basis of its on-site observations, the Design Professional will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work. 3.5.10 Advise and consult with the Owner and the Contractor concerning the conformance of the Work to the Construction Documents. If the Design Professional at any time observes or otherwise becomes aware of any fault or defect in the Work, or any nonconformance of the Work with the Contract Documents, give prompt written notice to the Contractor and the Owner. 3.5.11 Participate, as necessary, with the Owner and the Contractor in meetings or through correspondence with governmental and/or regulatory agencies regarding reviews and inspections of the Project. 3.5.12 Require, when it deems them necessary, special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed, as long as the Design Professional has first received written authorization from the Owner’s Representative. 3.5.13 Meet monthly with the Contractor and the Owner to review and approve Subcontractor Payment Applications. Where progress payments are requested based upon portions of the Work performed on a unit price basis, review, and if appropriate approve, the Contractor's verification of the number of units provided. 3.5.14 Review and certify or reject the Contractor’s applications for payment. The issuance of an approved certificate of payment will shall constitute a representation by the Design Professional to the Owner that to the best of the Design Professional’s knowledge acting within the standard of care required by this Agreement, the Work has progressed to the point indicated in the certificate of payment; that the quality of Work is in accordance with the Contract Documents (subject to specific qualifications stated in the particular certificate); and that the Contractor is entitled to payment in the amount certified by the Design Professional. If the Design Professional rejects any payment application, it will shall set forth the reason for its rejection in writing. 3.5.15 Conduct preliminary, above ceiling, pre-final, and final inspections of the Work and prepare and submit to the Owner’s Representative and the Contractor a proposed punchlist or lists after the pre-final inspection noting all Work that is observed during the inspection to be defective or fails to conform to the Contract Documents. Make all necessary final inspections to verify correction of all deficiencies during the Correction Period. 3.5.16 Prepare and submit As-constructed Record Drawings record drawings to the Owner within thirty (30) days of the Design Professional’s receipt of the supporting documentation from the Contractor. The As-constructed Record Drawings will be submitted Submit one (1) hard copy and electronic files of record drawings in a format acceptable to the format set forth in the Design Guidelines Section 2Owner. 3.5.17 Review proposed change order quotations from the Contractor and make written recommendations to the Owner as to the propriety of such quotations. 3.5.18 When the Work has reached an appropriate stage, certify to the Owner, in writing, the dates of Substantial Completion substantial completion and Final Completion final completion of the Project, both as defined in the General Conditions. 3.5.18.1 Within a reasonable time after being notified that the Contractor believes the Work to be substantially complete, the Design Professional will shall make a preliminary inspection of the Work to determine if it is substantially complete. If in the opinion of the Design Professional the Work is not substantially complete, the Design Professional will shall notify the Contractor, stating what will be required to bring the Work into a state of Substantial Completion. Update the punchlist at Substantial Completion. 3.5.19 Prepare and submit to Owner, as requested by the Owner’s Representative, a list of items to be delivered pursuant to the terms of the Contract Documents, including operation and maintenance manuals, spare parts and training manuals. 3.5.20 Receive and review operation and maintenance manuals in the same manner as that of any other submittal. 3.5.21 Respond to Owner inquiries and assist in the initial start-up of architectural, mechanical, plumbing, electrical and such other systems, as the Owner will shall require. 3.5.22 Inspect the Project before the final certificate for payment is issued and prepare for the Owner a list of observed items, materials or systems that require replacement or additional Work by the Contractor pursuant to the warranties given in or required by the Contract Documents. 3.5.23 The Design Professional will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, but must comply with all laws, regulations and ordinances and the administrative rules and administrative plans of the Contractor.

Appears in 3 contracts

Samples: Design Agreement, Design Agreement, Design Agreement

Construction Services Phase. During the construction phase of the Project, the Design Professional willshall: 3.5.1 Become familiar with the responsibilities of the Design Professional set forth in the Contract Documents, all of which are incorporated herein by reference. 3.5.2 Prepare a set of black-line prints and deliver them to the Contractor Construction Manager at the start of construction. 3.5.3 Upon the request of the Owner’s Representative, participate in pre- construction meetings with the Owner’s Representative and the ContractorConstruction Manager, Subcontractors Trade Contractors and Suppliers for the Project, and attend all construction progress meetings. 3.5.4 At the request of the Owner, interpret and decide matters concerning the design. All interpretations and decisions of the Design Professional will shall be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 3.5.5 Clarify any ambiguities and rectify all inaccuracies, inconsistencies, incompleteness, inadequacies and omissions in the drawings, specifications or other Contract Documents which have been prepared by the Design Professional and which are brought to the attention of the Design Professional by the Owner or ContractorConstruction Manager; provided, however, that neither the Owner nor the Contractor will Construction Manager shall have an obligation to discover any such deficiency. 3.5.6 Prepare bulletins and/or construction change directives (CCDs) at no cost to the Owner, arising as a result of any inaccuracy, inadequacy, conflict or other deficiency in the Contract Documents including the Construction Documents and bid documents to the extent that they were prepared by the Design Professional. The Design Professional willshall, as part of its Basic Services, provide the Owner with a cost estimate of each prior to their issuance to the ContractorConstruction Manager. 3.5.7 Review and approve or take other appropriate actions with regard to all shop drawings, Project data, ContractorConstruction Manager-generated coordination drawings, training schedules, and samples. It is solely the responsibility of the Design Professional to verify that all shop drawings are in compliance with the Construction Documents, including the final (or amended) Construction Documents and bid documents. The Design Professional will shall not be responsible for any deviations from the Construction Documents not brought to the attention of, or submitted to, the Design Professional in writing by the Contractor Construction Manager and/or Subcontractor(sTrade Contractor(s), unless the deviation should, under the applicable standard of care, have been discovered in the course of the Design Professional's review. The Design Professional is to maintain a file of Project submittals for use throughout the duration of the Project. 3.5.8 Revise the Construction Documents when necessary or appropriate in connection with a change to the Work. Sign all change orders. The Design Professional will shall not be compensated therefor to the extent the revision is necessary because of the Design Professional’s errors or omissions or breach of this Agreement. 3.5.9 Visit the Project Site to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. Work observed to be nonconforming will shall be rejected in writing by the Design Professional. The Design Professional will shall give the Owner and the Contractor Construction Manager written notification of any such rejection and written reports summarizing the circumstances and findings of each observation. On the basis of its on-site observations, the Design Professional will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work. 3.5.10 Advise and consult with the Owner and the Contractor Construction Manager concerning the conformance of the Work to the Construction Documents. If the Design Professional at any time observes or otherwise becomes aware of any fault or defect in the Work, or any nonconformance of the Work with the Contract Documents, give prompt written notice to the Contractor Construction Manager and the Owner. 3.5.11 Participate, as necessary, with the Owner and the Contractor Construction Manager in meetings or through correspondence with governmental and/or regulatory agencies regarding reviews and inspections of the Project. 3.5.12 Require, when it deems them necessary, special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed, as long as the Design Professional has first received written authorization from the Owner’s Representative. 3.5.13 Meet monthly with the Contractor Construction Manager and the Owner to review and approve Subcontractor Trade Contractor Payment Applications. Where progress payments are requested based upon portions of the Work performed on a unit price basis, review, and if appropriate approve, the ContractorConstruction Manager's verification of the number of units provided. 3.5.14 Review and certify or reject the ContractorConstruction Manager’s applications for payment. The issuance of an approved certificate of payment will shall constitute a representation by the Design Professional to the Owner that to the best of the Design Professional’s knowledge acting within the standard of care required by this Agreement, the Work has progressed to the point indicated in the certificate of payment; that the quality of Work is in accordance with the Contract Documents (subject to specific qualifications stated in the particular certificate); and that the Contractor Construction Manager is entitled to payment in the amount certified by the Design Professional. If the Design Professional rejects any payment application, it will shall set forth the reason for its rejection in writing. 3.5.15 Conduct preliminary, above ceiling, pre-final, and final inspections of the Work and prepare and submit to the Owner’s Representative and the Contractor Construction Manager a proposed punchlist or lists after the pre-final inspection noting all Work that is observed during the inspection to be defective or fails to conform to the Contract Documents. Make all necessary final inspections to verify correction of all deficiencies during the Correction Period. 3.5.16 Prepare and submit As-constructed Record Drawings record drawings to the Owner within thirty (30) days of the Design Professional’s receipt of the supporting documentation from the ContractorConstruction Manager. The As-constructed Record Drawings will be submitted Submit one (1) hard copy and electronic files of record drawings in a format acceptable to the format set forth in the Design Guidelines Section 2Owner. 3.5.17 Review proposed change order quotations from the Contractor Construction Manager and make written recommendations to the Owner as to the propriety of such quotations. 3.5.18 When the Work has reached an appropriate stage, certify to the Owner, in writing, the dates of Substantial Completion substantial completion and Final Completion final completion of the Project, both as defined in the General Conditions. 3.5.18.1 Within a reasonable time after being notified that the Contractor Construction Manager believes the Work to be substantially complete, the Design Professional will shall make a preliminary inspection of the Work to determine if it is substantially complete. If in the opinion of the Design Professional the Work is not substantially complete, the Design Professional will shall notify the ContractorConstruction Manager, stating what will be required to bring the Work into a state of Substantial Completion. Update the punchlist at Substantial Completion. 3.5.19 Prepare and submit to Owner, as requested by the Owner’s Representative, a list of items to be delivered pursuant to the terms of the Contract Documents, including operation and maintenance manuals, spare parts and training manuals. 3.5.20 Receive and review operation and maintenance manuals in the same manner as that of any other submittal. 3.5.21 Respond to Owner inquiries and assist in the initial start-up of architectural, mechanical, plumbing, electrical and such other systems, as the Owner will shall require. 3.5.22 Inspect the Project before the final certificate for payment is issued and prepare for the Owner a list of observed items, materials or systems that require replacement or additional Work by the Contractor Construction Manager pursuant to the warranties given in or required by the Contract Documents. 3.5.23 The Design Professional will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, but must comply with all laws, regulations and ordinances and the administrative rules and administrative plans of the ContractorConstruction Manager.

Appears in 3 contracts

Samples: Design Professional Agreement, Construction Manager Agreement, Construction Manager Agreement

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Construction Services Phase. During the construction phase of the Project, the Design Professional willshallwill: 3.5.1 Become familiar with the responsibilities of the Design Professional set forth in the Contract Documents, all of which are incorporated herein by reference. 3.5.2 Prepare a set of black-line prints and deliver them to the Contractor at the start of construction. 3.5.3 Upon the request of the Owner’s Representative, participate in pre- construction meetings with the Owner’s Representative and the Contractor, Subcontractors and Suppliers for the Project, and attend all construction progress meetings. 3.5.4 At the request of the Owner, interpret and decide matters concerning the design. All interpretations and decisions of the Design Professional will shallwill be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 3.5.5 Clarify any ambiguities and rectify all inaccuracies, inconsistencies, incompleteness, inadequacies and omissions in the drawings, specifications or other Contract Documents which have been prepared by the Design Professional and which are brought to the attention of the Design Professional by the Owner or Contractor; provided, however, that neither the Owner nor the Contractor will shallwill have an obligation to discover any such deficiency. 3.5.6 Prepare bulletins and/or construction change directives (CCDs) at no cost to the Owner, arising as a result of any inaccuracy, inadequacy, conflict or other deficiency in the Contract Documents including the Construction Documents and bid documents to the extent that they were prepared by the Design Professional. The Design Professional willshallwill, as part of its Basic Services, provide the Owner with a cost estimate of each prior to their issuance to the Contractor. 3.5.7 Review and approve or take other appropriate actions with regard to all shop drawings, Project data, Contractor-generated coordination drawings, training schedules, and samples. It is solely the responsibility of the Design Professional to verify that all shop drawings are in compliance with the Construction Documents, including the final (or amended) Construction Documents and bid documents. The Design Professional will shallwill not be responsible for any deviations from the Construction Documents not brought to the attention of, or submitted to, the Design Professional in writing by the Contractor and/or Subcontractor(s), unless the deviation should, under the applicable standard of care, have been discovered in the course of the Design Professional's review. The Design Professional is to maintain a file of Project submittals for use throughout the duration of the Project. 3.5.8 Revise the Construction Documents when necessary or appropriate in connection with a change to the Work. Sign all change orders. The Design Professional will shallwill not be compensated therefor to the extent the revision is necessary because of the Design Professional’s errors or omissions or breach of this Agreement. 3.5.9 Visit the Project Site to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. Work observed to be nonconforming will shallwill be rejected in writing by the Design Professional. The Design Professional will shallwill give the Owner and the Contractor written notification of any such rejection and written reports summarizing the circumstances and findings of each observation. On the basis of its on-site observations, the Design Professional will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work. 3.5.10 Advise and consult with the Owner and the Contractor concerning the conformance of the Work to the Construction Documents. If the Design Professional at any time observes or otherwise becomes aware of any fault or defect in the Work, or any nonconformance of the Work with the Contract Documents, give prompt written notice to the Contractor and the Owner. 3.5.11 Participate, as necessary, with the Owner and the Contractor in meetings or through correspondence with governmental and/or regulatory agencies regarding reviews and inspections of the Project. 3.5.12 Require, when it deems them necessary, special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed, as long as the Design Professional has first received written authorization from the Owner’s Representative. 3.5.13 Meet monthly with the Contractor and the Owner to review and approve Subcontractor Payment Applications. Where progress payments are requested based upon portions of the Work performed on a unit price basis, review, and if appropriate approve, the Contractor's verification of the number of units provided. 3.5.14 Review and certify or reject the Contractor’s applications for payment. The issuance of an approved certificate of payment will shallwill constitute a representation by the Design Professional to the Owner that to the best of the Design Professional’s knowledge acting within the standard of care required by this Agreement, the Work has progressed to the point indicated in the certificate of payment; that the quality of Work is in accordance with the Contract Documents (subject to specific qualifications stated in the particular certificate); and that the Contractor is entitled to payment in the amount certified by the Design Professional. If the Design Professional rejects any payment application, it will shallwill set forth the reason for its rejection in writing. 3.5.15 Conduct preliminary, above ceiling, pre-final, and final inspections of the Work and prepare and submit to the Owner’s Representative and the Contractor a proposed punchlist or lists after the pre-final inspection noting all Work that is observed during the inspection to be defective or fails to conform to the Contract Documents. Make all necessary final inspections to verify correction of all deficiencies during the Correction Period. 3.5.16 Prepare and submit As-constructed Record record drawingsRecord Drawings to the Owner within thirty (30) days of the Design Professional’s receipt of the supporting documentation from the Contractor. The As-constructed Record Drawings will be submitted in the format set forth in the Design Guidelines Section 22.Submit one (1) hard copy and electronic files of record drawings in a format acceptable to the Owner. 3.5.17 Review proposed change order quotations from the Contractor and make written recommendations to the Owner as to the propriety of such quotations. 3.5.18 When the Work has reached an appropriate stage, certify to the Owner, in writing, the dates of substantial Substantial completion Completion and final Final completion Completion of the Project, both as defined in the General Conditions. 3.5.18.1 Within a reasonable time after being notified that the Contractor believes the Work to be substantially complete, the Design Professional will shallwill make a preliminary inspection of the Work to determine if it is substantially complete. If in the opinion of the Design Professional the Work is not substantially complete, the Design Professional will shallwill notify the Contractor, stating what will be required to bring the Work into a state of Substantial Completion. Update the punchlist at Substantial Completion. 3.5.19 Prepare and submit to Owner, as requested by the Owner’s Representative, a list of items to be delivered pursuant to the terms of the Contract Documents, including operation and maintenance manuals, spare parts and training manuals. 3.5.20 Receive and review operation and maintenance manuals in the same manner as that of any other submittal. 3.5.21 Respond to Owner inquiries and assist in the initial start-up of architectural, mechanical, plumbing, electrical and such other systems, as the Owner will shallwill require. 3.5.22 Inspect the Project before the final certificate for payment is issued and prepare for the Owner a list of observed items, materials or systems that require replacement or additional Work by the Contractor pursuant to the warranties given in or required by the Contract Documents. 3.5.23 The Design Professional will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, but must comply with all laws, regulations and ordinances and the administrative rules and administrative plans of the Contractor.

Appears in 3 contracts

Samples: Design Agreement, Design Agreement, Design Agreement

Construction Services Phase. During the construction phase of the Project, the Design Professional willshallwill: 3.5.1 Become familiar with the responsibilities of the Design Professional set forth in the Contract Documents, all of which are incorporated herein by reference. 3.5.2 Prepare a set of black-line prints and deliver them to the Contractor Construction Manager at the start of construction. 3.5.3 Upon the request of the Owner’s Representative, participate in pre- construction meetings with the Owner’s Representative and the ContractorConstruction Manager, Subcontractors Trade Contractors and Suppliers for the Project, and attend all construction progress meetings. 3.5.4 At the request of the Owner, interpret and decide matters concerning the design. All interpretations and decisions of the Design Professional will shallwill be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 3.5.5 Clarify any ambiguities and rectify all inaccuracies, inconsistencies, incompleteness, inadequacies and omissions in the drawings, specifications or other Contract Documents which have been prepared by the Design Professional and which are brought to the attention of the Design Professional by the Owner or ContractorConstruction Manager; provided, however, that neither the Owner nor the Contractor will Construction Manager shallwill have an obligation to discover any such deficiency. 3.5.6 Prepare bulletins and/or construction change directives (CCDs) at no cost to the Owner, arising as a result of any inaccuracy, inadequacy, conflict or other deficiency in the Contract Documents including the Construction Documents and bid documents to the extent that they were prepared by the Design Professional. The Design Professional willshallwill, as part of its Basic Services, provide the Owner with a cost estimate of each prior to their issuance to the ContractorConstruction Manager. 3.5.7 Review and approve or take other appropriate actions with regard to all shop drawings, Project data, ContractorConstruction Manager-generated coordination drawings, training schedules, and samples. It is solely the responsibility of the Design Professional to verify that all shop drawings are in compliance with the Construction Documents, including the final (or amended) Construction Documents and bid documents. The Design Professional will shallwill not be responsible for any deviations from the Construction Documents not brought to the attention of, or submitted to, the Design Professional in writing by the Contractor Construction Manager and/or Subcontractor(sTrade Contractor(s), unless the deviation should, under the applicable standard of care, have been discovered in the course of the Design Professional's review. The Design Professional is to maintain a file of Project submittals for use throughout the duration of the Project. 3.5.8 Revise the Construction Documents when necessary or appropriate in connection with a change to the Work. Sign all change orders. The Design Professional will shallwill not be compensated therefor to the extent the revision is necessary because of the Design Professional’s errors or omissions or breach of this Agreement. 3.5.9 Visit the Project Site to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. Work observed to be nonconforming will shallwill be rejected in writing by the Design Professional. The Design Professional will shallwill give the Owner and the Contractor Construction Manager written notification of any such rejection and written reports summarizing the circumstances and findings of each observation. On the basis of its on-site observations, the Design Professional will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work. 3.5.10 Advise and consult with the Owner and the Contractor Construction Manager concerning the conformance of the Work to the Construction Documents. If the Design Professional at any time observes or otherwise becomes aware of any fault or defect in the Work, or any nonconformance of the Work with the Contract Documents, give prompt written notice to the Contractor Construction Manager and the Owner. 3.5.11 Participate, as necessary, with the Owner and the Contractor Construction Manager in meetings or through correspondence with governmental and/or regulatory agencies regarding reviews and inspections of the Project. 3.5.12 Require, when it deems them necessary, special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed, as long as the Design Professional has first received written authorization from the Owner’s Representative. 3.5.13 Meet monthly with the Contractor Construction Manager and the Owner to review and approve Subcontractor Trade Contractor Payment Applications. Where progress payments are requested based upon portions of the Work performed on a unit price basis, review, and if appropriate approve, the ContractorConstruction Manager's verification of the number of units provided. 3.5.14 Review and certify or reject the ContractorConstruction Manager’s applications for payment. The issuance of an approved certificate of payment will shallwill constitute a representation by the Design Professional to the Owner that to the best of the Design Professional’s knowledge acting within the standard of care required by this Agreement, the Work has progressed to the point indicated in the certificate of payment; that the quality of Work is in accordance with the Contract Documents (subject to specific qualifications stated in the particular certificate); and that the Contractor Construction Manager is entitled to payment in the amount certified by the Design Professional. If the Design Professional rejects any payment application, it will shallwill set forth the reason for its rejection in writing. 3.5.15 Conduct preliminary, above ceiling, pre-final, and final inspections of the Work and prepare and submit to the Owner’s Representative and the Contractor Construction Manager a proposed punchlist or lists after the pre-final inspection noting all Work that is observed during the inspection to be defective or fails to conform to the Contract Documents. Make all necessary final inspections to verify correction of all deficiencies during the Correction Period. 3.5.16 Prepare and submit As-constructed record Record drawings Drawings to the Owner within thirty (30) days of the Design Professional’s receipt of the supporting documentation from the ContractorConstruction Manager. The As-constructed Record Drawings will be submitted in the format set forth in the Design Guidelines Section 22.Submit one (1) hard copy and electronic files of record drawings in a format acceptable to the Owner. 3.5.17 Review proposed change order quotations from the Contractor Construction Manager and make written recommendations to the Owner as to the propriety of such quotations. 3.5.18 When the Work has reached an appropriate stage, certify to the Owner, in writing, the dates of substantial Substantial completion Completion and final Final completion Completion of the Project, both as defined in the General Conditions. 3.5.18.1 Within a reasonable time after being notified that the Contractor Construction Manager believes the Work to be substantially complete, the Design Professional will shallwill make a preliminary inspection of the Work to determine if it is substantially complete. If in the opinion of the Design Professional the Work is not substantially complete, the Design Professional will shallwill notify the ContractorConstruction Manager, stating what will be required to bring the Work into a state of Substantial Completion. Update the punchlist at Substantial Completion. 3.5.19 Prepare and submit to Owner, as requested by the Owner’s Representative, a list of items to be delivered pursuant to the terms of the Contract Documents, including operation and maintenance manuals, spare parts and training manuals. 3.5.20 Receive and review operation and maintenance manuals in the same manner as that of any other submittal. 3.5.21 Respond to Owner inquiries and assist in the initial start-up of architectural, mechanical, plumbing, electrical and such other systems, as the Owner will shallwill require. 3.5.22 Inspect the Project before the final certificate for payment is issued and prepare for the Owner a list of observed items, materials or systems that require replacement or additional Work by the Contractor Construction Manager pursuant to the warranties given in or required by the Contract Documents. 3.5.23 The Design Professional will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, but must comply with all laws, regulations and ordinances and the administrative rules and administrative plans of the ContractorConstruction Manager.

Appears in 1 contract

Samples: Construction Manager Agreement

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