Common use of Owner’s Project Manager Clause in Contracts

Owner’s Project Manager. 7.1 The District shall neither change nor permit a change of the Owner’s Project Manager or any of its key personnel or subconsultants without the prior written approval of the Authority. If there is any change or proposed change in the Owner’s Project Manager or any of its key personnel or subconsultants, the District shall give a written notice to the Authority that shall include a statement of reasons for the change or proposed change and an explanation of the impact of the change or proposed change on the Project. The District shall not contract with or otherwise assign a new Owner’s Project Manager without first obtaining the Authority’s written approval of the new Owner’s Project Manager. The District shall comply with all applicable provisions of law in the procurement or assignment of a new Owner’s Project Manager. 7.2 The District shall make all reasonable efforts to ensure that the Owner’s Project Manager complies with all provisions of any contract between the District and the Owner’s Project Manager, and the Authority’s regulations, guidelines and policies, and shall use its best efforts to enforce its rights thereunder. If the Owner’s Project Manager is an existing employee of the District, the District shall exercise such supervision, control and direction over its employee-Owner’s Project Manager as is necessary to enforce and perform its obligations under any agreement with the Authority; the Authority’s regulations, policies and guidelines; any certification filed with the Authority, and any terms and conditions imposed by the Authority. The District shall also ensure that any consultant who is directly hired by the District to perform any portion of the project management services for the Project shall comply with the provisions of any contract between the District and said consultant. 7.3 If the Authority determines (1) that the Owner’s Project Manager is not performing its obligations in accordance with the provisions of the Owner-Owner’s Project Manager contract, Chapter 70B, Chapters 208 and 210 of the Acts of 2004, 963 CMR 2.00 et seq. and any policies, approvals, directives, and guidelines of the Authority, or (2) that the District, knowing or having reason to know that the Owner’s Project Manager is not performing its obligations in accordance with the provisions of the Owner-Owner’s Project Manager contract, Chapter 70B, Chapters 208 and 210 of the Acts of 2004, 963 CMR 2.00 et seq., and any policies, approvals, directives, and guidelines of the Authority, has failed to use its best efforts to enforce its rights under the Owner-Owner’s Project Manager Contract, or (3) if the District fails to perform its obligations under any provisions of this Project Funding Agreement that relate to services of the Owner’s Project Manager, the Authority reserves the right to withhold payments to the District, to recoup payments already made to the District, and/or to set off against payments due to the District, any otherwise eligible costs, as determined by the Authority, that relate to reimbursement to the District for Owner’s Project Manager services 7.4 The District hereby agrees that the Authority shall have free access to, and open communication with, any Owner’s Project Manager hired by and/or assigned to the Project by the District and that the Authority shall have full and complete access to all information and documentation relating to the Project to the same extent that the District has such access. The District agrees that it shall require any such Owner’s Project Manager to fully cooperate with the Authority in all matters related to the Project; to promptly communicate, transmit, and/or make available for inspection and copying any and all information and documentation requested by the Authority; to fully, accurately and promptly complete all forms and writings requested by the Authority; and to give complete, accurate, and prompt responses to any and all questions, inquiries and requests for information posed by the Authority. The District agrees that it shall not in any way, directly or indirectly, limit, obstruct, censor, hinder or otherwise interfere with the free flow of communication and information between the Owner’s Project Manager and the Authority in all matters related to the Project and as provided herein; that it shall not suffer the same to occur by the act or omission of any other person or entity; and that it shall not retaliate against the Owner’s Project Manager for communicating information to the Authority as provided herein. The District agrees to execute, deliver and/or communicate to the Owner’s Project Manager any and all authorizations, approvals, waivers, agreements, directives, and actions that are necessary to fulfill its obligations under this paragraph. The District further agrees that the Authority shall bear no liability whatsoever arising out of the Authority’s knowledge or receipt of information communicated to the Authority by the Owner’s Project Manager and that the District shall remain responsible for the management and completion of the Project.

Owner’s Project Manager. 7.1 The District shall neither change nor permit a change of the Owner’s Project Manager or any of its key personnel or subconsultants sub-consultants without the prior written approval of the Authority in accordance with 963 CMR 2.11 and the Authority. ’s requirements for the “Science Lab Initiative and Accelerated Repair Program Owner’s Project Manager and Designer Assignment Procedure.” If there is any change or proposed change in the Owner’s Project Manager or any of its key personnel or subconsultants, the District shall give a written notice to the Authority that shall include a statement of reasons for the change or the proposed change and an explanation of the impact of the change or the proposed change on the Project. The District If the Authority determines, in its sole discretion, that a change of the Owner’s Project Manager is necessary, the Authority shall not contract with or otherwise assign a new Owner’s Project Manager without first obtaining from the Authority’s written approval pre- selected pool of Owner’s Project Managers for the Accelerated Repair Program in accordance with the procedures described in “Science Lab Initiative and Accelerated Repair Program Owner’s Project Manager and Designer Assignment Procedure.” The District shall not contract with any new Owner’s Project ManagerManager other than an Owner’s Project Manager assigned by the Authority to the Project. The District shall comply with all applicable provisions of law in also use the procurement or assignment of a new OwnerAuthority’s standard Contract for Project ManagerManagement Services as it has been specifically revised by the Authority for the Accelerated Repair Program. 7.2 The District shall make all reasonable efforts to ensure that the Owner’s Project Manager complies with all provisions of any contract between the District and the Owner’s Project Manager, and the Authority’s regulations, guidelines and policies, Manager and shall use its best efforts to enforce its rights thereunder. If the Owner’s Project Manager is an existing employee of the District, the District shall exercise such supervision, control and direction over its employee-Owner’s Project Manager as is necessary to enforce and perform its obligations under any agreement with the Authority; the Authority’s regulations, policies and guidelines; any certification filed with the Authority, and any terms and conditions imposed by the Authority. The District shall also ensure that any consultant who is directly hired by the District to perform any portion of the project management services for the Project shall comply with the provisions of any contract between the District and said consultant. 7.3 If the Authority determines (1) that the Owner’s Project Manager is not performing its obligations in accordance with the provisions of the Owner-Owner’s Project Manager contract, Chapter 70B, Chapters 208 and 210 of the Acts of 2004, 963 CMR 2.00 et seq. seq and any policies, approvals, directives, directives and guidelines of the Authority, or (2) that the District, knowing or having reason to know that the Owner’s Project Manager is not performing its obligations in accordance with the provisions of the Owner-Owner’s Project Manager contract, Chapter 70B, Chapters 208 and 210 of the Acts of 2004, 963 CMR 2.00 et seq., and any policies, approvals, directives, directives and guidelines of the Authority, has failed to use its best efforts to enforce its rights under the Owner-Owner’s Project Manager Contract, or (3) if the District fails to perform its obligations under any provisions of this Project Funding Agreement that relate to services of the Owner’s Project Manager, the Authority reserves the right to withhold payments to the District, to recoup payments already made to the District, and/or to set off against payments due to the District, any otherwise eligible costs, as determined by the Authority, that relate to reimbursement to the District for Owner’s Project Manager services. 7.4 The District hereby agrees that the Authority shall have free access to, and open communication with, any Owner’s Project Manager hired by and/or assigned to the Project by the Authority and contracted by the District and that the Authority shall have full and complete access to all information and documentation relating to the Project to the same extent that the District has such access. The District agrees that it shall require any such Owner’s Project Manager to fully cooperate with the Authority in all matters related to the Project; to promptly communicate, transmit, and/or make available for inspection and copying any and all information and documentation requested by the Authority; to fully, accurately and promptly complete all forms and writings requested by the Authority; and to give complete, accurate, and prompt responses to any and all questions, inquiries and requests for information posed by the Authority. The District agrees that it shall not in any way, directly or indirectly, limit, obstruct, censor, hinder or otherwise interfere with the free flow of communication and information between the Owner’s Project Manager and the Authority in all matters related to the Project and as provided herein; that it shall not suffer the same to occur by the act or omission of any other person or entity; and that it shall not retaliate against the Owner’s Project Manager for communicating information to the Authority as provided herein. The District agrees to execute, deliver and/or communicate to the Owner’s Project Manager any and all authorizations, approvals, waivers, agreements, directives, and actions that are necessary to fulfill its obligations under this paragraph. The District further agrees that the Authority shall bear no liability whatsoever arising out of the Authority’s knowledge or receipt of information communicated to the Authority by the Owner’s Project Manager and that the District shall remain responsible for the management and completion of the Project.