Common use of Construction Stage Clause in Contracts

Construction Stage. Personnel Costs The Personnel Costs the DB earns and the Owner pays to the DB during the Construction Stage. Consultant A Person engaged by the DB or a Subcontractor to provide professional services of various types for the Project including without limitation the Preconstruction Stage services of a Design-Assist Firm. The term includes the Consultant’s authorized representatives, successors, assigns, and subconsultants regardless of tier. Contract The state of legal obligation entered into by the State and DB, whereby they have agreed to an exchange of certain acts, materials, equipment, and services for certain monetary consideration, under all terms and conditions specified in the Contract Documents, which shall remain in full force and effect until such time as all obligations under the Contract have been lawfully and completely discharged, or the Contract is terminated under other conditions specified in the Contract Documents. Contract Completion The stage in the progress of any Phase when the Work is completed in accordance with the terms of the Contract Documents and the DB has satisfied all of its other obligations under the Contract, including without limitation (1) all governmental authorities have given final, written approval of the Work, (2) a final unconditional certificate of occupancy has been granted and issued to the Owner by the appropriate governmental authorities, and (3) all Punch List items have been completed or corrected. Contract Documents Collectively, the documents that constitute the substance of the Contract including but not limited to the Agreement, GMP Documents, final Drawings, final Specifications, General Conditions, Supplementary Conditions if any, Project Manual, and Modifications if any. Contract Sum The amount stipulated as such in the GMP Amendment. The Contract Sum is the DB’s entire compensation for the DB’s proper, timely, and complete performance of the Work during the Construction Stage and is subject to adjustment as provided in the Contract. The Contract Sum does not include the Preconstruction Stage Compensation. Contract Times The periods stipulated in the GMP Amendment for the achievement of associated Milestones, in consecutive days, beginning on the date established by the Notice to Proceed, including adjustments as provided in the Contract. Contracting Authority The party identified in the Agreement, which may be the Ohio Facilities Construction Commission; an agency of the state of Ohio; an Institution of Higher Education or division thereof; a School District Board; or the legislative body of a political subdivision.

Construction Stage. Personnel Costs The Personnel Costs the DB CM earns and the Owner pays to the DB CM during the Construction Stage. Consultant A Person engaged by the DB CM or a Subcontractor to provide professional services of various types for the Project including without limitation the Preconstruction Stage services of a Design-Assist Firm. The term includes the Consultant’s authorized representatives, successors, assigns, and subconsultants regardless of tier. Contingency See “CM’s Contingency.” Contract The state of legal obligation entered into by the State and DBCM, whereby they have agreed to an exchange of certain acts, materials, equipment, and services for certain monetary consideration, under all terms and conditions specified in the Contract Documents, which shall remain in full force and effect until such time as all obligations under the Contract have been lawfully and completely discharged, or the Contract is terminated under other conditions specified in the Contract Documents. Contract Completion The stage in the progress of any Phase when the Work is completed in accordance with the terms of the Contract Documents and the DB CM has satisfied all of its other obligations under the Contract, including without limitation (1) all governmental authorities have given final, written approval of the Work, (2) a final unconditional certificate of occupancy has been granted and issued to the Owner by the appropriate governmental authorities, and (3) all Punch List items have been completed or corrected. Contract Documents Collectively, the documents that constitute the substance of the Contract including but not limited to the Agreement, GMP Documents, final Drawings, final Specifications, Addenda if any, General Conditions, Supplementary Conditions if any, Project Manual, and Modifications if any. Contract Sum The amount stipulated as such in the GMP Amendment. The Contract Sum is the DBCM’s entire compensation for the DBCM’s proper, timely, and complete performance of the Work during the Construction Stage and is subject to adjustment as provided in the Contract. The Contract Sum does not include the Preconstruction Stage Compensation. Contract Times The periods stipulated in the GMP Amendment for the achievement of associated Milestones, in consecutive days, beginning on the date established by the Notice to Proceed, including adjustments as provided in the Contract. Contracting Authority The party identified as such in the Agreement, which may be the Ohio Facilities Construction Commission; an agency of the state of Ohio; an Institution of Higher Education or division thereof; a School District Board; or the legislative body of a political subdivision. Coordination Drawings Drawings and Electronic Files prepared by the CM and Subcontractors to demonstrate how multiple-system and interdisciplinary work will be coordinated. Clash reports generated by BIM authoring software may be included in the Coordination Drawing submittals on certain projects. Correction Period A period of one year commencing on the date of Substantial Completion of the Work or a designated portion of the Work which the Contracting Authority and Owner have agreed to take Partial Occupancy. Cost of the Work The Cost of the Work is the sum of (without duplication): (1) General Conditions Costs, (2) Construction Stage Personnel Costs, (3) Subcontract Costs, and (4) the cost of Self-Performed Work. The Cost of the Work does not include any portion of the CM’s Fee, CM’s Contingency, or Preconstruction Stage Compensation. CxA See “Commissioning Agent.” Date of Commencement The date established in a Notice to Proceed issued by the Contracting Authority to the CM to xxxx the start of the Construction Stage and the beginning of the running of the Contract Times. day A calendar day of 24 hours measured from midnight to midnight, unless otherwise expressly specified to mean a business day. Defective Work Work that does not conform to the Contract Documents; or does not meet the requirements of any applicable statute, rule or regulation, inspection, reference standard, test or approval; or has been damaged prior to the A/E's recommendation of final payment, unless responsibility for the protection thereof has been expressly assumed by the Owner; or that is not free from defects in workmanship, materials, or equipment during the period of any warranty or guarantee. Design-Assist Firm A Person capable of monitoring and assisting in the completion of the plans and specifications under ORC Section 153.50, who the CM engages to provide design- assist services. Design Intent Statement An A/E-prepared document intended to clarify the A/E’s stage submission (e.g., the A/E’s Design Development Stage submission) upon which the GMP Amendment may be based. The Design Intent Statement shall include a detailed description of all materially incomplete design elements and the intended scope, quantity, quality, and other characteristics of those elements that the A/E intends to describe in subsequent Drawings and Specifications for the Work. Differing Site Condition Either (1) a subsurface or otherwise concealed physical condition encountered at the Site that differs materially from the conditions indicated in the Contract Documents or (2) an unknown physical condition of an unusual nature encountered at the Site that differs materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents. Dispute Review Board A form of Alternative Dispute Resolution that is typically comprised of three members, selected jointly by the CM and the Contracting Authority, to monitor the progress of construction and provide recommended resolutions to disputes that are brought before them. Drawings Graphic portions of the Contract Documents, showing the design, type of construction, location, dimension, and character of the Work to be provided by the CM, which generally includes plans, elevations, sections, details, schedules, diagrams, notes, and text. Electronic File Information maintained in a computer system or format that is intended to facilitate a Person’s use and manipulation of the information including but not limited to Word, Excel, PDF, Primavera, CAD, and BIM files all in their native format. Enclosure, Permanent The condition in which the permanent exterior walls and roofs are in place, insulated and weathertight, and permanent windows and entrances are in place. Enclosure, Temporary The condition in which the permanent exterior walls and roofs are in place, insulated and weathertight, and windows and entrances are provided with suitable temporary enclosures. Extra Materials Materials required by the Contract Documents that are not incorporated into the Project but are given to the Owner to be used for future maintenance or repairs. Fee See “CM’s Fee.” Final Inspection The final review of the Work by the A/E to determine whether issuance of the Certificate of Contract Completion is appropriate. furnish Supply and deliver to the Site, or other specified location, ready for installation. General Conditions The State’s Standard General Conditions in effect as of the date of the Agreement. General Conditions Costs General Conditions Costs include only the CM’s costs to provide the General Conditions Work including without limitation the costs of all of the following Site- related items: telephone, telephone charges, facsimile, telegrams, postage, photos, photocopying, hand tools, simple scaffolds (one level high), tool breakage, tool repairs, tool replacement, tool blades, tool bits, and pre-approved travel, lodging, and parking costs. General Conditions Costs also include (1) Bond premiums,

Construction Stage. Personnel Costs The Personnel Costs the DB CM earns and the Owner pays to the DB CM during the Construction Stage. Consultant A Person engaged by the DB CM or a Subcontractor to provide professional services of various types for the Project including without limitation the Preconstruction Stage services of a Design-Assist Firm. The term includes the Consultant’s authorized representatives, successors, assigns, and subconsultants regardless of tier. Contingency See “CM’s Contingency.” Contract The state of legal obligation entered into by the State and DBCM, whereby they have agreed to an exchange of certain acts, materials, equipment, and services for certain monetary consideration, under all terms and conditions specified in the Contract Documents, which shall remain in full force and effect until such time as all obligations under the Contract have been lawfully and completely discharged, or the Contract is terminated under other conditions specified in the Contract Documents. Contract Completion The stage in the progress of any Phase when the Work is completed in accordance with the terms of the Contract Documents and the DB CM has satisfied all of its other obligations under the Contract, including without limitation (1) all governmental authorities have given final, written approval of the Work, (2) a final unconditional certificate of occupancy has been granted and issued to the Owner by the appropriate governmental authorities, and (3) all Punch List items have been completed or corrected. Contract Documents Collectively, the documents that constitute the substance of the Contract including but not limited to the Agreement, GMP Documents, final Drawings, final Specifications, Addenda if any, General Conditions, Supplementary Conditions if any, Project Manual, and Modifications if any. Contract Sum The amount stipulated as such in the GMP Amendment. The Contract Sum is the DBCM’s entire compensation for the DBCM’s proper, timely, and complete performance of the Work during the Construction Stage and is subject to adjustment as provided in the Contract. The Contract Sum does not include the Preconstruction Stage Compensation. Contract Times The periods stipulated in the GMP Amendment for the achievement of associated Milestones, in consecutive days, beginning on the date established by the Notice to Proceed, including adjustments as provided in the Contract. Contracting Authority The party identified as such in the Agreement, which may be the Ohio Facilities Construction Commission; an agency of the state of Ohio; an Institution of Higher Education or division thereof; a School District Board; or the legislative body of a political subdivision. Coordination Drawings Drawings and Electronic Files prepared by the CM and Subcontractors to demonstrate how multiple-system and interdisciplinary work will be coordinated. Clash reports generated by BIM authoring software may be included in the Coordination Drawing submittals on certain projects. Correction Period A period of one year commencing on the date of Substantial Completion of the Work or a designated portion of the Work which the Contracting Authority and Owner have agreed to take Partial Occupancy. Cost of the Work The Cost of the Work is the sum of (without duplication): (1) General Conditions Costs, (2) Construction Stage Personnel Costs, (3) Subcontract Costs, and (4) the cost of Self-Performed Work. The Cost of the Work does not include any portion of the CM’s Fee, CM’s Contingency, or Preconstruction Stage Compensation. CxA See “Commissioning Agent.” Date of Commencement The date established in a Notice to Proceed issued by the Contracting Authority to the CM to mark the start of the Construction Stage and the beginning of the running of the Contract Times. day A calendar day of 24 hours measured from midnight to midnight, unless otherwise expressly specified to mean a business day. Defective Work Work that does not conform to the Contract Documents; or does not meet the requirements of any applicable statute, rule or regulation, inspection, reference standard, test or approval; or has been damaged prior to the A/E's recommendation of final payment, unless responsibility for the protection thereof has been expressly assumed by the Owner; or that is not free from defects in workmanship, materials, or equipment during the period of any warranty or guarantee. Design-Assist Firm A Person capable of monitoring and assisting in the completion of the plans and specifications under ORC Section 153.50, who the CM engages to provide design- assist services. Design Intent Statement An A/E-prepared document intended to clarify the A/E’s stage submission (e.g., the A/E’s Design Development Stage submission) upon which the GMP Amendment may be based. The Design Intent Statement shall include a detailed description of all materially incomplete design elements and the intended scope, quantity, quality, and other characteristics of those elements that the A/E intends to describe in subsequent Drawings and Specifications for the Work. Differing Site Condition Either (1) a subsurface or otherwise concealed physical condition encountered at the Site that differs materially from the conditions indicated in the Contract Documents or (2) an unknown physical condition of an unusual nature encountered at the Site that differs materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents. Dispute Review Board A form of Alternative Dispute Resolution that is typically comprised of three members, selected jointly by the CM and the Contracting Authority, to monitor the progress of construction and provide recommended resolutions to disputes that are brought before them. Drawings Graphic portions of the Contract Documents, showing the design, type of construction, location, dimension, and character of the Work to be provided by the CM, which generally includes plans, elevations, sections, details, schedules, diagrams, notes, and text. Electronic File Information maintained in a computer system or format that is intended to facilitate a Person’s use and manipulation of the information including but not limited to Word, Excel, PDF, Primavera, CAD, and BIM files all in their native format. Enclosure, Permanent The condition in which the permanent exterior walls and roofs are in place, insulated and weathertight, and permanent windows and entrances are in place. Enclosure, Temporary The condition in which the permanent exterior walls and roofs are in place, insulated and weathertight, and windows and entrances are provided with suitable temporary enclosures. Extra Materials Materials required by the Contract Documents that are not incorporated into the Project but are given to the Owner to be used for future maintenance or repairs. Fee See “CM’s Fee.” Final Inspection The final review of the Work by the A/E to determine whether issuance of the Certificate of Contract Completion is appropriate. furnish Supply and deliver to the Site, or other specified location, ready for installation. General Conditions The State’s Standard General Conditions in effect as of the date of the Agreement. General Conditions Costs General Conditions Costs include only the CM’s costs to provide the General Conditions Work including without limitation the costs of all of the following Site- related items: telephone, telephone charges, facsimile, telegrams, postage, photos, photocopying, hand tools, simple scaffolds (one level high), tool breakage, tool repairs, tool replacement, tool blades, tool bits, and pre-approved travel, lodging, and parking costs. General Conditions Costs also include (1) Bond premiums,

Construction Stage. Personnel Costs The Personnel Costs the DB CM earns and the Owner pays to the DB CM during the Construction Stage. Consultant A Person engaged by the DB CM or a Subcontractor to provide professional services of various types for the Project including without limitation the Preconstruction Stage services of a Design“design-assist firm” as described under ORC Section 153.50Design- Assist Firm. The term includes the Consultant’s authorized representatives, successors, assigns, and subconsultants regardless of tier. Contract The state of legal obligation entered into by the State and DBthe CM, whereby they have agreed to an exchange of certain acts, materials, equipment, and services for certain monetary consideration, under all terms and conditions specified in the Contract Documents, which shall remain in full force and effect until such time as all obligations under the Contract have been lawfully and completely discharged, or the Contract is terminated under other conditions specified in the Contract Documents. Contract Completion The stage in the progress of any Phase when the Work is completed in accordance with the terms of the Contract Documents and the DB CM has satisfied all of its other obligations under the Contract, including including, without limitation limitation, (1) all governmental authorities have given final, written approval of the Work, (2) a final unconditional certificate of occupancy has been granted and issued to the Owner by the appropriate governmental authorities, and (3) all Punch List items have been completed or corrected. Contract Documents Collectively, the documents that constitute the substance of the Contract including including, but not limited to to, the Agreement, the GMP Documents, the final Drawings, the final Specifications, General Conditions, Supplementary supplementary conditionsSupplementary Conditions if any, Project Manual, and Modifications if any. Contract Sum The amount stipulated as such in the GMP Amendment. The Contract Sum is the DBCM’s entire compensation for the DBCM’s proper, timely, and complete performance of the Work during the Construction Stage and is subject to adjustment as provided in the Contract. The Contract Sum does not include the Preconstruction Stage Compensation. Version Control Document Contract Times The periods stipulated in the GMP Amendment for the achievement of associated Milestones, in consecutive days, beginning and ending on the date datesdate established by the Notice to Proceed, including adjustments as provided in the Contract. Contracting Authority The party identified in the Agreement, which may be the Ohio Facilities Construction Commission; an agency of the state of Ohio; an Institution of Higher Education or division thereof; a School District Board; or the legislative body of a political subdivision. Coordination Drawings Drawings and electronic filesElectronic Files prepared by the CM and Subcontractors to demonstrate how multiple-system and interdisciplinary work will be coordinated. Clash reports generated by BIM authoring software may be included in the Coordination Drawing submittals on certain projects. Correction Period A period of one year commencing on the date of Final AcceptanceSubstantial Completion of the Work or a designated portion of the Work which the Contracting Authority and Owner hashave agreed to accept separatelytake Partial Occupancy. Cost of the Work The Cost of the Work is the sum of (without duplication): (1) General Conditions Costs, (2) Construction Stage Personnel Costs, (3) Subcontract Costs, and (4) the cost to the CM of performing (either directly with its own employees or through a CM Affiliated entity) Work the CM is permitted to self-perform during the Construction Stage as provided in the General Conditions. The Cost of the Work does not include any portion of the CM’s Fee, CM’s Contingency, or Preconstruction Stage Compensation. CxA See “Commissioning Agent”.” Date of Commencement The date established in a Notice to Proceed issued by the Contracting Authority to the CM to mark the start of the Construction Stage and the beginning of the running of the Contract Times. day A calendar day of 24 hours measured from midnight to midnight, unless otherwise expressly specified to mean a business day. Defective Work Work that does not conform to the Contract Documents; or does not meet the requirements of any applicable statute, rule or regulation, inspection, reference standard, test or approval; or has been damaged prior to the A/E's recommendation of final payment, unless responsibility for the protection thereof has been expressly assumed by the Owner; or that is not free from defects in workmanship, materials or equipment during the period of any warranty or guarantee.

Construction Stage. Personnel Costs The Personnel Costs the DB CM earns and the Owner pays to the DB CM during the Construction Stage. Consultant A Person engaged by the DB CM or a Subcontractor to provide professional services of various types for the Project including without limitation the Preconstruction Stage services of a Design-Design- Assist Firm. The term includes the Consultant’s authorized representatives, successors, assigns, and subconsultants regardless of tier. Contract The state of legal obligation entered into by the State and DBCM, whereby they have agreed to an exchange of certain acts, materials, equipment, and services for certain monetary consideration, under all terms and conditions specified in the Contract Documents, which shall remain in full force and effect until such time as all obligations under the Contract have been lawfully and completely discharged, or the Contract is terminated under other conditions specified in the Contract Documents. Contract Completion The stage in the progress of any Phase when the Work is completed in accordance with the terms of the Contract Documents and the DB CM has satisfied all of its other obligations under the Contract, including including, without limitation limitation, (1) all governmental authorities have given final, written approval of the Work, (2) a final unconditional certificate of occupancy has been granted and issued to the Owner by the appropriate governmental authorities, and (3) all Punch List items have been completed or corrected. Contract Documents Collectively, the documents that constitute the substance of the Contract including including, but not limited to to, the Agreement, GMP Documents, final Drawings, final Specifications, General Conditions, Supplementary Conditions if any, Project Manual, and Modifications if any. Contract Sum The amount stipulated as such in the GMP Amendment. The Contract Sum is the DBCM’s entire compensation for the DBCM’s proper, timely, and complete performance of the Work during the Construction Stage and is subject to adjustment as provided in the Contract. The Contract Sum does not include the Preconstruction Stage Compensation. Contract Times The periods stipulated in the GMP Amendment for the achievement of associated Milestones, in consecutive days, beginning and ending on the date dates established by the Notice to Proceed, including adjustments as provided in the Contract. Contracting Authority The party identified in the Agreement, which may be the Ohio Facilities Construction Commission; an agency of the state of Ohio; an Institution of Higher Education or division thereof; a School District Board; or the legislative body of a political subdivision.. Coordination Drawings Drawings and Electronic Files prepared by the CM and Subcontractors to demonstrate how multiple-system and interdisciplinary work will be coordinated. Clash reports generated by BIM authoring software may be included in the Coordination Drawing submittals on certain projects. Correction Period A period of one year commencing on the date of Substantial Completion of the Work or a designated portion of the Work which the Contracting Authority and Owner have agreed to take Partial Occupancy. Cost of the Work The Cost of the Work is the sum of (without duplication): (1) General Conditions Costs, (2) Construction Stage Personnel Costs, (3) Subcontract Costs, and (4) the cost to the CM of performing (either directly with its own employees or through a CM Affiliated entity) Work the CM is permitted to self-perform during the Construction Stage as provided in the General Conditions. The Cost of the Work does not include any portion of the CM’s Fee, CM’s Contingency, or Preconstruction Stage Compensation. CxA See “Commissioning Agent” Date of Commencement The date established in a Notice to Proceed issued by the Contracting Authority to the CM to mark the start of the Construction Stage and the beginning of the running of the Contract Times. day A calendar day of 24 hours measured from midnight to midnight, unless otherwise expressly specified to mean a business day. Defective Work Work that does not conform to the Contract Documents; or does not meet the requirements of any applicable statute, rule or regulation, inspection, reference standard, test or approval; or has been damaged prior to the A/E's recommendation of final payment, unless responsibility for the protection thereof has been expressly assumed by the Owner; or that is not free from defects in workmanship, materials or equipment during the period of any warranty or guarantee. Design-Assist Firm A Person capable of monitoring and assisting in the completion of the plans and specifications under ORC Section 153.50, who the CM engages to provide design- assist services. Design Intent Statement An A/E-prepared document intended to clarify the A/E’s stage submission (e.g., the A/E’s Design Development Stage submission) upon which the GMP Amendment will be based. The Design Intent Statement shall include a description of all materially incomplete design elements and the intended scope, quantity, quality, and other characteristics of those elements that the A/E intends to describe in subsequent Drawings and Specifications for the Work. Differing Site Condition Either (1) a subsurface or otherwise concealed physical condition encountered at the Site that differs materially from the conditions indicated in the Contract Documents or (2) an unknown physical condition of an unusual nature encountered at the Site that differs materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents. Dispute Review Board A form of Alternative Dispute Resolution that is typically comprised of three members, selected jointly by the CM and the Contracting Authority, to monitor the progress of construction and provide recommended resolutions to disputes that are brought before them. Drawings Graphic portions of the Contract Documents, showing the design, type of construction, location, dimension, and character of the Work to be provided by the CM, which generally includes plans, elevations, sections, details, schedules, diagrams, notes, and text. Electronic File Information maintained in a computer system or format that is intended to facilitate a Person’s use and manipulation of the information including, but not limited to, Word, Excel, PDF, Primavera, CAD, and BIM files all in their native format. Enclosure, Permanent The condition in which the permanent exterior walls and roofs are in place, insulated and weathertight, and permanent windows and entrances are in place. Enclosure, Temporary The condition in which the permanent exterior walls and roofs are in place, insulated and weathertight, and windows and entrances are provided with suitable temporary enclosures. Extra Materials Materials required by the Contract Documents that are not incorporated into the Project but are given to the Owner to be used for future maintenance or repairs. Final Inspection The final review of the Work by the A/E to determine whether issuance of the Certificate of Contract Completion is appropriate. furnish Supply and deliver to the Site, or other specified location, ready for installation. General Conditions The State’s Standard General Conditions currently in effect, which may be modified by the Commission from time to time. General Conditions Costs General Conditions Costs include only the CM’s costs to provide the General Conditions Work including without limitation the costs of all of the following Site- related items: telephone, telephone charges, facsimile, telegrams, postage, photos, photocopying, hand tools, simple scaffolds (one level high), tool breakage, tool repairs, tool replacement, tool blades, tool bits, and pre-approved travel, lodging, and parking costs. General Conditions Costs also include (1) Bond premiums,