Common use of PHASE V - CONSTRUCTION ADMINISTRATION PHASE Clause in Contracts

PHASE V - CONSTRUCTION ADMINISTRATION PHASE. The ARCHITECT’S/ENGINEER’S Basic Services in Phase V - Construction Administration Phase of a Project shall be as provided below in Sections 4.8.1 through 4.8.16. 4.8.1 The Construction Administration Phase will commence with the award of the construction contract for the Project, and will terminate on the date provided in the Project Addendum. If no termination date is stated in the Project Addendum, the Administration Phase will terminate one year after the date of Substantial Completion of the entire Project. 4.8.2 Unless otherwise provided in the Project Addendum, the ARCHITECT/ENGINEER shall provide Construction Administration for the Project. 4.8.3 The ARCHITECT/ENGINEER shall advise and consult with the OWNER during the Construction Administration Phase. The ARCHITECT/ENGINEER shall have authority to act on behalf of the OWNER only to the extent provided in this Agreement, unless otherwise provided in writing by the OWNER. 4.8.4 A registered architect and/or registered engineer representing the ARCHITECT/ENGINEER shall make not less than two visits with the OWNER to the Project Site each month during the progress of construction at a time mutually agreed upon between the OWNER and the ARCHITECT/ENGINEER. On the basis of on-site observations, the ARCHITECT/ENGINEER shall endeavor to guard the OWNER against defects and deficiencies in construction of the Project (the Work) and shall assist the OWNER in obtaining faithful performance of the Construction Documents. 4.8.5 The ARCHITECT/ENGINEER shall not be responsible for and will not have control over or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work on a Project. The ARCHITECT/ENGINEER shall not be responsible for the Project Contractor's schedules or failure to carry out the Work in accordance with the Construction Documents. The ARCHITECT/ENGINEER shall not have control over or charge of acts or omissions of a Project Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.8.6 The ARCHITECT/ENGINEER shall at all times have reasonable access to the Work on the Project, wherever it is in preparation or progress. 4.8.7 The ARCHITECT/ENGINEER shall not determine the amounts owing to the Contractor on the Project and shall not issue Certificates for Payment unless the same are specifically required in the Project Addendum. See OWNER'S RESPONSIBILITIES, Section 6.11. 4.8.8 The ARCHITECT/ENGINEER shall advise the OWNER in matters relating to rejection of Work on the Project which does not generally conform to the Construction Documents. Whenever the ARCHITECT/ENGINEER, in the reasonable exercise of his or her professional judgment, considers it necessary or advisable for the proper execution of the Work in accordance with the Construction Documents, he or she will advise the OWNER to require special inspection or testing of the Work in accordance with the provisions of the Construction Documents, regardless of whether such Work has been fabricated, installed or completed. 4.8.9 The ARCHITECT/ENGINEER shall timely review required Shop Drawings, Product Data, Samples and other submittals of a Project Contractor for compliance with the Construction Documents. If the ARCHITECT/ENGINEER rejects any submittals, the ARCHITECT/ENGINEER shall state the reason therefor in writing and the ARCHITECT/ENGINEER shall then be responsible for furnishing three (3) corrected copies of such submittals to the OWNER for recording and filing. In the event the OWNER reasonably determines the ARCHITECT/ENGINEER’S review is causing potential delay to the Project, the OWNER may, but is not required to, notify the ARCHITECT/ENGINEER in writing that submissions made thereafter are deemed approved by the ARCHITECT/ENGINEER 10 days after submittal to the ARCHITECT/ENGINEER unless the ARCHITECT/ENGINEER sooner objects in writing to the OWNER. 4.8.10 The ARCHITECT/ENGINEER shall prepare data for Change Orders or changes in scope of a Project as required by the OWNER, and shall be compensated in accordance with Sections 3.5 or 3.8, as applicable. The ARCHITECT/ENGINEER shall receive a copy of all executed Change Orders prepared by the OWNER. 4.8.11 The ARCHITECT/ENGINEER shall assist the OWNER in determining the dates of Substantial Completion and Final Completion of the Project. The ARCHITECT/ENGINEER shall receive and review written guarantees and related documents provided by the Project Contractor and advise the Owner in regard to their conformance with the Construction Documents. The ARCHITECT/ENGINEER shall assist the OWNER and the Project Contractor in preparation of the "punch list" to be attached to the Certificate of Substantial Completion for the Project, and the ARCHITECT/ENGINEER shall be responsible for preparing the Certificate of Substantial Completion on behalf of the OWNER. 4.8.12 The ARCHITECT/ENGINEER shall assist the OWNER in interpreting the requirements of the Construction Documents for a Project and the performance thereunder by the Project Contractor. Interpretations and recommendations by the ARCHITECT/ENGINEER shall be consistent with the Construction Documents and shall be in written or graphic form. The OWNER shall have the final decision in regard to aesthetics, cost, or efficiency of the Work, products, materials or other submittals and their conformity with the specifications in the Construction Documents. The ARCHITECT/ENGINEER shall make recommendations for the final decision of the OWNER in a timely manner for resolution of all claims by the Project Contractor relating to the execution and progress of the Work or relating to other matters submitted to the ARCHITECT/ENGINEER for the ARCHITECT/ENGINEER’S recommendation. 4.8.13 The ARCHITECT/ENGINEER shall assist in instructing the OWNER'S operations and maintenance personnel in the initial "start-up" of mechanical, electrical and special equipment systems. 4.8.14 If required by the Project Addendum, a registered ARCHITECT/ENGINEER representing the ARCHITECT/ENGINEER, the OWNER and others as applicable who are involved in the Project shall conduct a post-occupancy inspection in the period from ten to eleven months after the date of Substantial Completion of the Project. The ARCHITECT/ENGINEER shall prepare a report detailing the findings of the post-occupancy inspection and provide two (2) copies to the OWNER. Such inspection shall include: a. Review of warranties and interview of appropriate operating and maintenance personnel to evaluate the performance of and inspect materials, systems and equipment under warranty. Document defects or deficiencies and assist, as required, in administering corrective action by the Project Contractor(s). b. Evaluation of design services by interview of appropriate OWNER users to evaluate the Project program versus actual use, the functional effectiveness of the planned spaces, and the operational effectiveness of equipment, systems and materials. Document both positive and negative aspects of the design and recommend solutions to problems in the Project design and design of future projects of similar type. 4.8.15 The ARCHITECT/ENGINEER shall deliver to the OWNER one (1) complete set of project record drawings showing all work developed by the ARCHITECT’S/ENGINEER’S office for the Project, plus all change orders, revisions, details, etc., recorded on the Project site by the Project Contractor and the OWNER made during the period of construction. The Project Contractor and the OWNER will deliver to the ARCHITECT/ENGINEER one complete set of Project drawings marked up with all changes that occurred during construction at the site. The ARCHITECT/ENGINEER will be responsible for the accuracy of drawings developed in the ARCHITECT/ENGINEER'S office. The ARCHITECT/ENGINEER will not be responsible for changes at the Project site that are not provided by the Project Contractor or the OWNER. The ARCHITECT/ENGINEER shall provide 1 hard copy (mylar) of the Record Drawings and an electronic version of the Record Drawings in CADD or such other format the OWNER may reasonably request based on equipment and software compatibility for the OWNER'S information and use. The ARCHITECT/ENGINEER may retain one or more copies of the record drawings for the ARCHITECT’S/ENGINEER’S records; Provided, that the ARCHITECT/ENGINEER shall not use or employ the same for work on any other project or for any other party without the express written consent of the OWNER. This section does not restrict the ARCHITECT/ENGINEER from using stock or standardized elements incorporated into the Project drawings for other work. 4.8.16 The ARCHITECT/ENGINEER shall also deliver to the OWNER Project record drawings in an electronic form consisting of the format and type of drawings as directed by the OWNER. Electronic form project record drawings may consist of information produced for the Construction Documents, including plans (site, utility, architectural, mechanical, electrical, etc.), major buildings elevations and major building cross sections. Minor cross sections and detail drawings will not be required in electronic form. The electronic form of the project record drawings must be compatible with the OWNER'S Computer Aided Design and Drafting.

Appears in 1 contract

Samples: Design Services Agreement

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PHASE V - CONSTRUCTION ADMINISTRATION PHASE. The ARCHITECT’S/ENGINEER’S ARCHITECT'S Basic Services in Phase V - Construction Administration Phase of a Project shall be as provided below in Sections 4.8.1 through 4.8.16. 4.8.1 The Construction Administration Phase will commence with the award of the construction contract for the Project, and will terminate on the date provided in the Project Addendum. If no termination date is stated in the Project Addendum, the Administration Phase will terminate one year after the date of Substantial Completion of the entire Project. 4.8.2 Unless otherwise provided in the Project Addendum, the ARCHITECT/ENGINEER ARCHITECT shall provide Construction Administration for the Project. 4.8.3 The ARCHITECT/ENGINEER ARCHITECT shall advise and consult with the OWNER during the Construction Administration Phase. The ARCHITECT/ENGINEER ARCHITECT shall have authority to act on behalf of the OWNER only to the extent provided in this Agreement, unless otherwise provided in writing by the OWNER. 4.8.4 A registered architect and/or registered engineer representing the ARCHITECT/ENGINEER ARCHITECT shall make not less than two visits with the OWNER to the Project Site each month during the progress of construction at a time mutually agreed upon between the OWNER and the ARCHITECT/ENGINEER. On the basis of on-on- site observations, the ARCHITECT/ENGINEER ARCHITECT shall endeavor to guard the OWNER against defects and deficiencies in construction of the Project (the Work) and shall assist the OWNER in obtaining faithful performance of the Construction Documents. 4.8.5 The ARCHITECT/ENGINEER ARCHITECT shall not be responsible for and will not have control over or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work on a Project. The ARCHITECT/ENGINEER ARCHITECT shall not be responsible for the Project Contractor's schedules or failure to carry out the Work in accordance with the Construction Documents. The ARCHITECT/ENGINEER ARCHITECT shall not have control over or charge of acts or omissions of a Project Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.8.6 The ARCHITECT/ENGINEER ARCHITECT shall at all times have reasonable access to the Work on the Project, wherever it is in preparation or progress. 4.8.7 The ARCHITECT/ENGINEER ARCHITECT shall not determine the amounts owing to the Contractor on the Project and shall not issue Certificates for Payment unless the same are specifically required in the Project Addendum. See OWNER'S RESPONSIBILITIES, Section 6.11. 4.8.8 The ARCHITECT/ENGINEER ARCHITECT shall advise the OWNER in matters relating to rejection of Work on the Project which does not generally conform to the Construction Documents. Whenever the ARCHITECT/ENGINEER, in the reasonable exercise of his or her professional judgment, considers it necessary or advisable for the proper execution of the Work in accordance with the Construction Documents, he or she will advise the OWNER to require special inspection or testing of the Work in accordance with the provisions of the Construction Documents, regardless of whether such Work has been fabricated, installed or completed. 4.8.9 The ARCHITECT/ENGINEER ARCHITECT shall timely review required Shop Drawings, Product Data, Samples and other submittals of a Project Contractor for compliance with the Construction Documents. If the ARCHITECT/ENGINEER ARCHITECT rejects any submittals, the ARCHITECT/ENGINEER ARCHITECT shall state the reason therefor in writing and the ARCHITECT/ENGINEER ARCHITECT shall then be responsible for furnishing three (3) corrected copies of such submittals to the OWNER for recording and filing. In the event the OWNER reasonably determines the ARCHITECT/ENGINEER’S =S review is causing potential delay to the Project, the OWNER may, but is not required to, notify the ARCHITECT/ENGINEER ARCHITECT in writing that submissions made thereafter are deemed approved by the ARCHITECT/ENGINEER ARCHITECT 10 days after submittal to the ARCHITECT/ENGINEER ARCHITECT unless the ARCHITECT/ENGINEER ARCHITECT sooner objects in writing to the OWNER. 4.8.10 The ARCHITECT/ENGINEER ARCHITECT shall prepare data for Change Orders or changes in scope of a Project as required by the OWNER, and shall be compensated in accordance with Sections 3.5 or 3.8, as applicable. The ARCHITECT/ENGINEER shall receive a copy of all executed Change Orders prepared by the OWNER. 4.8.11 The ARCHITECT/ENGINEER shall assist the OWNER in determining the dates of Substantial Completion and Final Completion of the Project. The ARCHITECT/ENGINEER shall receive and review written guarantees and related documents provided by the Project Contractor and advise the Owner in regard to their conformance with the Construction Documents. The ARCHITECT/ENGINEER shall assist the OWNER and the Project Contractor in preparation of the "punch list" to be attached to the Certificate of Substantial Completion for the Project, and the ARCHITECT/ENGINEER shall be responsible for preparing the Certificate of Substantial Completion on behalf of the OWNER. 4.8.12 The ARCHITECT/ENGINEER shall assist the OWNER in interpreting the requirements of the Construction Documents for a Project and the performance thereunder by the Project Contractor. Interpretations and recommendations by the ARCHITECT/ENGINEER shall be consistent with the Construction Documents and shall be in written or graphic form. The OWNER shall have the final decision in regard to aesthetics, cost, or efficiency of the Work, products, materials or other submittals and their conformity with the specifications in the Construction Documents. The ARCHITECT/ENGINEER shall make recommendations for the final decision of the OWNER in a timely manner for resolution of all claims by the Project Contractor relating to the execution and progress of the Work or relating to other matters submitted to the ARCHITECT/ENGINEER for the ARCHITECT/ENGINEER’S recommendation. 4.8.13 The ARCHITECT/ENGINEER shall assist in instructing the OWNER'S operations and maintenance personnel in the initial "start-up" of mechanical, electrical and special equipment systems. 4.8.14 If required by the Project Addendum, a registered ARCHITECT/ENGINEER representing the ARCHITECT/ENGINEER, the OWNER and others as applicable who are involved in the Project shall conduct a post-occupancy inspection in the period from ten to eleven months after the date of Substantial Completion of the Project. The ARCHITECT/ENGINEER shall prepare a report detailing the findings of the post-occupancy inspection and provide two (2) copies to the OWNER. Such inspection shall include: a. Review of warranties and interview of appropriate operating and maintenance personnel to evaluate the performance of and inspect materials, systems and equipment under warranty. Document defects or deficiencies and assist, as required, in administering corrective action by the Project Contractor(s). b. Evaluation of design services by interview of appropriate OWNER users to evaluate the Project program versus actual use, the functional effectiveness of the planned spaces, and the operational effectiveness of equipment, systems and materials. Document both positive and negative aspects of the design and recommend solutions to problems in the Project design and design of future projects of similar type. 4.8.15 The ARCHITECT/ENGINEER shall deliver to the OWNER one (1) complete set of project record drawings showing all work developed by the ARCHITECT’S/ENGINEER’S office for the Project, plus all change orders, revisions, details, etc., recorded on the Project site by the Project Contractor and the OWNER made during the period of construction. The Project Contractor and the OWNER will deliver to the ARCHITECT/ENGINEER one complete set of Project drawings marked up with all changes that occurred during construction at the site. The ARCHITECT/ENGINEER will be responsible for the accuracy of drawings developed in the ARCHITECT/ENGINEER'S office. The ARCHITECT/ENGINEER will not be responsible for changes at the Project site that are not provided by the Project Contractor or the OWNER. The ARCHITECT/ENGINEER shall provide 1 hard copy (mylar) of the Record Drawings and an electronic version of the Record Drawings in CADD or such other format the OWNER may reasonably request based on equipment and software compatibility for the OWNER'S information and use. The ARCHITECT/ENGINEER may retain one or more copies of the record drawings for the ARCHITECT’S/ENGINEER’S records; Provided, that the ARCHITECT/ENGINEER shall not use or employ the same for work on any other project or for any other party without the express written consent of the OWNER. This section does not restrict the ARCHITECT/ENGINEER from using stock or standardized elements incorporated into the Project drawings for other work. 4.8.16 The ARCHITECT/ENGINEER shall also deliver to the OWNER Project record drawings in an electronic form consisting of the format and type of drawings as directed by the OWNER. Electronic form project record drawings may consist of information produced for the Construction Documents, including plans (site, utility, architectural, mechanical, electrical, etc.), major buildings elevations and major building cross sections. Minor cross sections and detail drawings will not be required in electronic form. The electronic form of the project record drawings must be compatible with the OWNER'S Computer Aided Design and Drafting.Sections

Appears in 1 contract

Samples: Design Services Agreement

PHASE V - CONSTRUCTION ADMINISTRATION PHASE. The ARCHITECT’S/ENGINEER’S Basic Services in Phase V - Construction Administration Phase of a Project shall be as provided below in Sections 4.8.1 through 4.8.16. 4.8.1 The Construction Administration Phase will commence with the award of the construction contract for the Project, and will terminate on the date provided in the Project Addendum. If no termination date is stated in the Project Addendum, the Administration Phase will terminate one year after the date of Substantial Completion of the entire Project. 4.8.2 Unless otherwise provided in the Project Addendum, the ARCHITECT/ENGINEER shall provide Construction Administration for the Project. 4.8.3 The ARCHITECT/ENGINEER shall advise and consult with the OWNER during the Construction Administration Phase. The ARCHITECT/ENGINEER shall have authority to act on behalf of the OWNER only to the extent provided in this Agreement, unless otherwise provided in writing by the OWNER. 4.8.4 A registered architect ARCHITECT/ENGINEER and/or registered engineer representing the ARCHITECT/ENGINEER shall make not less than two visits with the OWNER to the Project Site each month during the progress of construction at a time mutually agreed upon between the OWNER and the ARCHITECT/ENGINEER. On the basis of on-site observations, the ARCHITECT/ENGINEER shall endeavor to guard the OWNER against defects and deficiencies in construction of the Project (the Work) and shall assist the OWNER in obtaining faithful performance of the Construction Documents. 4.8.5 The ARCHITECT/ENGINEER shall not be responsible for and will not have control over or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work on a Project. The ARCHITECT/ENGINEER shall not be responsible for the Project Contractor's schedules or failure to carry out the Work in accordance with the Construction Documents. The ARCHITECT/ENGINEER shall not have control over or charge of acts or omissions of a Project Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.8.6 The ARCHITECT/ENGINEER shall at all times have reasonable access to the Work on the Project, wherever it is in preparation or progress. 4.8.7 The ARCHITECT/ENGINEER shall not determine the amounts owing to the Contractor on the Project and shall not issue Certificates for Payment unless the same are specifically required in the Project Addendum. See OWNER'S RESPONSIBILITIES, Section 6.11. 4.8.8 The ARCHITECT/ENGINEER shall advise the OWNER in matters relating to rejection of Work on the Project which does not generally conform to the Construction Documents. Whenever the ARCHITECT/ENGINEER, in the reasonable exercise of his or her professional judgment, considers it necessary or advisable for the proper execution of the Work in accordance with the Construction Documents, he or she will advise the OWNER to require special inspection or testing of the Work in accordance with the provisions of the Construction Documents, regardless of whether such Work has been fabricated, installed or completed. 4.8.9 The ARCHITECT/ENGINEER shall timely review required Shop Drawings, Product Data, Samples and other submittals of a Project Contractor for compliance with the Construction Documents. If the ARCHITECT/ENGINEER rejects any submittals, the ARCHITECT/ENGINEER shall state the reason therefor in writing and the ARCHITECT/ENGINEER shall then be responsible for furnishing three (3) corrected copies of such submittals to the OWNER for recording and filing. In the event the OWNER reasonably determines the ARCHITECT/ENGINEER’S =S review is causing potential delay to the Project, the OWNER may, but is not required to, notify the ARCHITECT/ENGINEER in writing that submissions made thereafter are deemed approved by the ARCHITECT/ENGINEER 10 days after submittal to the ARCHITECT/ENGINEER unless the ARCHITECT/ENGINEER sooner objects in writing to the OWNER. 4.8.10 The ARCHITECT/ENGINEER shall prepare data for Change Orders or changes in scope of a Project as required by the OWNER, and shall be compensated in accordance with Sections 3.5 or 3.8, as applicable. The ARCHITECT/ENGINEER shall receive a copy of all executed Change Orders prepared by the OWNER. 4.8.11 The ARCHITECT/ENGINEER shall assist the OWNER in determining the dates of Substantial Completion and Final Completion of the Project. The ARCHITECT/ENGINEER shall receive and review written guarantees and related documents provided by the Project Contractor and advise the Owner in regard to their conformance with the Construction Documents. The ARCHITECT/ENGINEER shall assist the OWNER and the Project Contractor in preparation of the "punch list" to be attached to the Certificate of Substantial Completion for the Project, and the ARCHITECT/ENGINEER shall be responsible for preparing the Certificate of Substantial Completion on behalf of the OWNER. 4.8.12 The ARCHITECT/ENGINEER shall shall, assist the OWNER in interpreting the requirements of the Construction Documents for a Project and the performance thereunder by the Project Contractor. Interpretations and recommendations by the ARCHITECT/ENGINEER shall be consistent with the Construction Documents and shall be in written or graphic form. The OWNER shall have the final decision in regard to aesthetics, cost, or efficiency of the Work, products, materials or other submittals and their conformity with the specifications in the Construction Documents. The ARCHITECT/ENGINEER shall make recommendations for the final decision of the OWNER in a timely manner for resolution of all claims by the Project Contractor relating to the execution and progress of the Work or relating to other matters submitted to the ARCHITECT/ENGINEER for the ARCHITECT/ENGINEER’S =S recommendation. 4.8.13 The ARCHITECT/ENGINEER shall assist in instructing the OWNER'S operations and maintenance personnel in the initial "start-up" of mechanical, electrical and special equipment systems. 4.8.14 If required by the Project Addendum, a registered ARCHITECT/ENGINEER representing the ARCHITECT/ENGINEER, the OWNER and others as applicable who are involved in the Project shall conduct a post-occupancy inspection in the period from ten to eleven months after the date of Substantial Completion of the Project. The ARCHITECT/ENGINEER shall prepare a report detailing the findings of the post-occupancy inspection and provide two (2) copies to the OWNER. Such inspection shall include: a. Review of warranties and interview of appropriate operating and maintenance personnel to evaluate the performance of and inspect materials, systems and equipment under warranty. Document defects or deficiencies and assist, as required, in administering corrective action by the Project Contractor(s). b. Evaluation of design services by interview of appropriate OWNER users to evaluate the Project program versus actual use, the functional effectiveness of the planned spaces, and the operational effectiveness of equipment, systems and materials. Document both positive and negative aspects of the design and recommend solutions to problems in the Project design and design of future projects of similar type. 4.8.15 The ARCHITECT/ENGINEER shall deliver to the OWNER one (1) complete set of project record drawings showing all work developed by the ARCHITECT’S/ENGINEER’S office for the Project, plus all change orders, revisions, details, etc., recorded on the Project site by the Project Contractor and the OWNER made during the period of construction. The Project Contractor and the OWNER will deliver to the ARCHITECT/ENGINEER one complete set of Project drawings marked up with all changes that occurred during construction at the site. The ARCHITECT/ENGINEER will be responsible for the accuracy of drawings developed in the ARCHITECT/ENGINEER'S office. The ARCHITECT/ENGINEER will not be responsible for changes at the Project site that are not provided by the Project Contractor or the OWNER. The ARCHITECT/ENGINEER shall provide 1 hard copy (mylar) of the Record Drawings and an electronic version of the Record Drawings in CADD or such other format the OWNER may reasonably request based on equipment and software compatibility for the OWNER'S information and use. The ARCHITECT/ENGINEER may retain one or more copies of the record drawings for the ARCHITECT’S/ENGINEER’S records; Provided, that the ARCHITECT/ENGINEER shall not use or employ the same for work on any other project or for any other party without the express written consent of the OWNER. This section does not restrict the ARCHITECT/ENGINEER from using stock or standardized elements incorporated into the Project drawings for other work. 4.8.16 The ARCHITECT/ENGINEER shall also deliver to the OWNER Project record drawings in an electronic form consisting of the format and type of drawings as directed by the OWNER. Electronic form project record drawings may consist of information produced for the Construction Documents, including plans (site, utility, architecturalARCHITECT/ENGINEERural, mechanical, electrical, etc.), major buildings elevations and major building cross sections. Minor cross sections and detail drawings will not be required in electronic form. The electronic form of the project record drawings must be compatible with the OWNER'S Computer Aided Design and Drafting.

Appears in 1 contract

Samples: Design Services Agreement

PHASE V - CONSTRUCTION ADMINISTRATION PHASE. The ARCHITECT’S/ENGINEER’S ARCHITECT'S Basic Services in Phase V - Construction Administration Phase of a Project shall be as provided below in Sections 4.8.1 through 4.8.16. 4.8.1 The Construction Administration Phase will commence with the award of the construction contract for the Project, and will terminate on the date provided in the Project Addendum. If no termination date is stated in the Project Addendum, the Administration Phase will terminate one year after the date of Substantial Completion of the entire Project. 4.8.2 Unless otherwise provided in the Project Addendum, the ARCHITECT/ENGINEER ARCHITECT shall provide Construction Administration for the Project. 4.8.3 The ARCHITECT/ENGINEER ARCHITECT shall advise and consult with the OWNER during the Construction Administration Phase. The ARCHITECT/ENGINEER ARCHITECT shall have authority to act on behalf of the OWNER only to the extent provided in this Agreement, unless otherwise provided in writing by the OWNER. 4.8.4 A registered architect and/or registered engineer representing the ARCHITECT/ENGINEER ARCHITECT shall make not less than two visits with the OWNER to the Project Site each month during the progress of construction at a time mutually agreed upon between the OWNER and the ARCHITECT/ENGINEER. On the basis of on-on- site observations, the ARCHITECT/ENGINEER ARCHITECT shall endeavor to guard the OWNER against defects and deficiencies in construction of the Project (the Work) and shall assist the OWNER in obtaining faithful performance of the Construction Documents. 4.8.5 The ARCHITECT/ENGINEER ARCHITECT shall not be responsible for and will not have control over or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work on a Project. The ARCHITECT/ENGINEER ARCHITECT shall not be responsible for the Project Contractor's schedules or failure to carry out the Work in accordance with the Construction Documents. The ARCHITECT/ENGINEER ARCHITECT shall not have control over or charge of acts or omissions of a Project Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.8.6 The ARCHITECT/ENGINEER ARCHITECT shall at all times have reasonable access to the Work on the Project, wherever it is in preparation or progress. 4.8.7 The ARCHITECT/ENGINEER ARCHITECT shall not determine the amounts owing to the Contractor on the Project and shall not issue Certificates for Payment unless the same are specifically required in the Project Addendum. See OWNER'S RESPONSIBILITIES, Section 6.11. 4.8.8 The ARCHITECT/ENGINEER ARCHITECT shall advise the OWNER in matters relating to rejection of Work on the Project which does not generally conform to the Construction Documents. Whenever the ARCHITECT/ENGINEER, in the reasonable exercise of his or her professional judgment, considers it necessary or advisable for the proper execution of the Work in accordance with the Construction Documents, he or she will advise the OWNER to require special inspection or testing of the Work in accordance with the provisions of the Construction Documents, regardless of whether such Work has been fabricated, installed or completed. 4.8.9 The ARCHITECT/ENGINEER ARCHITECT shall timely review required Shop Drawings, Product Data, Samples and other submittals of a Project Contractor for compliance with the Construction Documents. If the ARCHITECT/ENGINEER ARCHITECT rejects any submittals, the ARCHITECT/ENGINEER ARCHITECT shall state the reason therefor in writing and the ARCHITECT/ENGINEER ARCHITECT shall then be responsible for furnishing three (3) corrected copies of such submittals to the OWNER for recording and filing. In the event the OWNER reasonably determines the ARCHITECT/ENGINEER’S =S review is causing potential delay to the Project, the OWNER may, but is not required to, notify the ARCHITECT/ENGINEER ARCHITECT in writing that submissions made thereafter are deemed approved by the ARCHITECT/ENGINEER ARCHITECT 10 days after submittal to the ARCHITECT/ENGINEER ARCHITECT unless the ARCHITECT/ENGINEER ARCHITECT sooner objects in writing to the OWNER. 4.8.10 The ARCHITECT/ENGINEER ARCHITECT shall prepare data for Change Orders or changes in scope of a Project as required by the OWNER, and shall be compensated in accordance with Sections 3.5 or 3.8, as applicable. The ARCHITECT/ENGINEER ARCHITECT shall receive a copy of all executed Change Orders prepared by the OWNER. 4.8.11 The ARCHITECT/ENGINEER ARCHITECT shall assist the OWNER in determining the dates of Substantial Completion and Final Completion of the Project. The ARCHITECT/ENGINEER ARCHITECT shall receive and review written guarantees and related documents provided by the Project Contractor and advise the Owner in regard to their conformance with the Construction Documents. The ARCHITECT/ENGINEER ARCHITECT shall assist the OWNER and the Project Contractor in preparation of the "punch list" to be attached to the Certificate of Substantial Completion for the Project, and the ARCHITECT/ENGINEER ARCHITECT shall be responsible for preparing the Certificate of Substantial Completion on behalf of the OWNER. 4.8.12 The ARCHITECT/ENGINEER shall ARCHITECT shall, assist the OWNER in interpreting the requirements of the Construction Documents for a Project and the performance thereunder by the Project Contractor. Interpretations and recommendations by the ARCHITECT/ENGINEER ARCHITECT shall be consistent with the Construction Documents and shall be in written or graphic form. The OWNER shall have the final decision in regard to aesthetics, cost, or efficiency of the Work, products, materials or other submittals and their conformity with the specifications in the Construction Documents. The ARCHITECT/ENGINEER ARCHITECT shall make recommendations for the final decision of the OWNER in a timely manner for resolution of all claims by the Project Contractor relating to the execution and progress of the Work or relating to other matters submitted to the ARCHITECT/ENGINEER ARCHITECT for the ARCHITECT/ENGINEER’S =S recommendation. 4.8.13 The ARCHITECT/ENGINEER ARCHITECT shall assist in instructing the OWNER'S operations and maintenance personnel in the initial "start-up" of mechanical, electrical and special equipment systems. 4.8.14 If required by the Project Addendum, a registered ARCHITECT/ENGINEER architect representing the ARCHITECT/ENGINEER, the OWNER and others as applicable who are involved in the Project shall conduct a post-occupancy inspection in the period from ten to eleven months after the date of Substantial Completion of the Project. The ARCHITECT/ENGINEER ARCHITECT shall prepare a report detailing the findings of the post-occupancy inspection and provide two (2) copies to the OWNER. Such inspection shall include: a. Review of warranties and interview of appropriate operating and maintenance personnel to evaluate the performance of and inspect materials, systems and equipment under warranty. Document defects or deficiencies and assist, as required, in administering corrective action by the Project Contractor(s). b. Evaluation of design services by interview of appropriate OWNER users to evaluate the Project program versus actual use, the functional effectiveness of the planned spaces, and the operational effectiveness of equipment, systems and materials. Document both positive and negative aspects of the design and recommend solutions to problems in the Project design and design of future projects of similar type. 4.8.15 The ARCHITECT/ENGINEER ARCHITECT shall deliver to the OWNER one (1) complete set of project record drawings showing all work developed by the ARCHITECT’S/ENGINEER’S ARCHITECT=S office for the Project, plus all change orders, revisions, details, etc., recorded on the Project site by the Project Contractor and the OWNER made during the period of construction. The Project Contractor and the OWNER will deliver to the ARCHITECT/ENGINEER ARCHITECT one complete set of Project drawings marked up with all changes that occurred during construction at the site. The ARCHITECT/ENGINEER ARCHITECT will be responsible for the accuracy of drawings developed in the ARCHITECT/ENGINEER'S office. The ARCHITECT/ENGINEER ARCHITECT will not be responsible for changes at the Project site that are not provided by the Project Contractor or the OWNER. The ARCHITECT/ENGINEER ARCHITECT shall provide 1 hard copy (mylar) of the Record Drawings and an electronic version of the Record Drawings in CADD or such other format the OWNER may reasonably reasonable request based on equipment and software compatibility for the OWNER'S information and use. The ARCHITECT/ENGINEER ARCHITECT may retain one or more copies of the record drawings for the ARCHITECT’S/ENGINEER’S ARCHITECT=S records; Provided, that the ARCHITECT/ENGINEER ARCHITECT shall not use or employ the same for work on any other project or for any other party without the express written consent of the OWNER. This section does not restrict the ARCHITECT/ENGINEER ARCHITECT from using stock or standardized elements incorporated into the Project drawings for other work. 4.8.16 The ARCHITECT/ENGINEER ARCHITECT shall also deliver to the OWNER Project record drawings in an electronic form consisting of the format and type of drawings as directed by the OWNER. Electronic form project record drawings may consist of information produced for the Construction Documents, including plans (site, utility, architectural, mechanical, electrical, etc.), major buildings elevations and major building cross sections. Minor cross sections and detail drawings will not be required in electronic form. The electronic form of the project record drawings must be compatible with the OWNER'S Computer Aided Design and Drafting.

Appears in 1 contract

Samples: Design Services Agreement

PHASE V - CONSTRUCTION ADMINISTRATION PHASE. The ARCHITECT’S/ENGINEER’S Basic Services in Phase V - Construction Administration Phase of a Project shall be as provided below in Sections 4.8.1 through 4.8.16. 4.8.1 The Construction Administration Phase will commence with the award of the construction contract for the Project, and will terminate on the date provided in the Project Addendum. If no termination date is stated in the Project Addendum, the Administration Phase will terminate one year after the date of Substantial Completion of the entire Project. 4.8.2 Unless otherwise provided in the Project Addendum, the ARCHITECT/ENGINEER shall provide Construction Administration for the Project. 4.8.3 The ARCHITECT/ENGINEER shall advise and consult with the OWNER during the Construction Administration Phase. The ARCHITECT/ENGINEER shall have authority to act on behalf of the OWNER only to the extent provided in this Agreement, unless otherwise provided in writing by the OWNER. 4.8.4 A registered architect and/or registered engineer representing the ARCHITECT/ENGINEER shall make not less than two visits with the OWNER to the Project Site each month during the progress of construction at a time mutually agreed upon between the OWNER and the ARCHITECT/ENGINEER. On the basis of on-site observations, the ARCHITECT/ENGINEER shall endeavor to guard the OWNER against defects and deficiencies in construction of the Project (the Work) and shall assist the OWNER in obtaining faithful performance of the Construction Documents. 4.8.5 The ARCHITECT/ENGINEER shall not be responsible for and will not have control over or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work on a Project. The ARCHITECT/ENGINEER shall not be responsible for the Project Contractor's schedules or failure to carry out the Work in accordance with the Construction Documents. The ARCHITECT/ENGINEER shall not have control over or charge of acts or omissions of a Project Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.8.6 The ARCHITECT/ENGINEER shall at all times have reasonable access to the Work on the Project, wherever it is in preparation or progress. 4.8.7 The ARCHITECT/ENGINEER shall not determine the amounts owing to the Contractor on the Project and shall not issue Certificates for Payment unless the same are specifically required in the Project Addendum. See OWNER'S RESPONSIBILITIES, Section 6.11. 4.8.8 The ARCHITECT/ENGINEER shall advise the OWNER in matters relating to rejection of Work on the Project which does not generally conform to the Construction Documents. Whenever the ARCHITECT/ENGINEER, in the reasonable exercise of his or her professional judgment, considers it necessary or advisable for the proper execution of the Work in accordance with the Construction Documents, he or she will advise the OWNER to require special inspection or testing of the Work in accordance with the provisions of the Construction Documents, regardless of whether such Work has been fabricated, installed or completed. 4.8.9 The ARCHITECT/ENGINEER shall timely review required Shop Drawings, Product Data, Samples and other submittals of a Project Contractor for compliance with the Construction Documents. If the ARCHITECT/ENGINEER rejects any submittals, the ARCHITECT/ENGINEER shall state the reason therefor in writing and the ARCHITECT/ENGINEER shall then be responsible for furnishing three (3) corrected copies of such submittals to the OWNER for recording and filing. In the event the OWNER reasonably determines the ARCHITECT/ENGINEER’S review is causing potential delay to the Project, the OWNER may, but is not required to, notify the ARCHITECT/ENGINEER in writing that submissions made thereafter are deemed approved by the ARCHITECT/ENGINEER 10 days after submittal to the ARCHITECT/ENGINEER unless the ARCHITECT/ENGINEER sooner objects in writing to the OWNER. 4.8.10 The ARCHITECT/ENGINEER shall prepare data for Change Orders or changes in scope of a Project as required by the OWNER, and shall be compensated in accordance with Sections 3.5 or 3.8, as applicable. The ARCHITECT/ENGINEER shall receive a copy of all executed Change Orders prepared by the OWNER. 4.8.11 The ARCHITECT/ENGINEER shall assist the OWNER in determining the dates of Substantial Completion and Final Completion of the Project. The ARCHITECT/ENGINEER shall receive and review written guarantees and related documents provided by the Project Contractor and advise the Owner in regard to their conformance with the Construction Documents. The ARCHITECT/ENGINEER shall assist the OWNER and the Project Contractor in preparation of the "punch list" to be attached to the Certificate of Substantial Completion for the Project, and the ARCHITECT/ENGINEER shall be responsible for preparing the Certificate of Substantial Completion on behalf of the OWNER. 4.8.12 The ARCHITECT/ENGINEER shall assist the OWNER in interpreting the requirements of the Construction Documents for a Project and the performance thereunder by the Project Contractor. Interpretations and recommendations by the ARCHITECT/ENGINEER shall be consistent with the Construction Documents and shall be in written or graphic form. The OWNER shall have the final decision in regard to aesthetics, cost, or efficiency of the Work, products, materials or other submittals and their conformity with the specifications in the Construction Documents. The ARCHITECT/ENGINEER shall make recommendations for the final decision of the OWNER in a timely manner for resolution of all claims by the Project Contractor relating to the execution and progress of the Work or relating to other matters submitted to the ARCHITECT/ENGINEER for the ARCHITECT/ENGINEER’S recommendation. 4.8.13 The ARCHITECT/ENGINEER shall assist in instructing the OWNER'S operations and maintenance personnel in the initial "start-up" of mechanical, electrical and special equipment systems. 4.8.14 If required by the Project Addendum, a registered ARCHITECT/ENGINEER representing the ARCHITECT/ENGINEER, the OWNER and others as applicable who are involved in the Project shall conduct a post-occupancy inspection in the period from ten to eleven months after the date of Substantial Completion of the Project. The ARCHITECT/ENGINEER shall prepare a report detailing the findings of the post-post- occupancy inspection and provide two (2) copies to the OWNER. Such inspection shall include: a. Review of warranties and interview of appropriate operating and maintenance personnel to evaluate the performance of and inspect materials, systems and equipment under warranty. Document defects or deficiencies and assist, as required, in administering corrective action by the Project Contractor(s). b. Evaluation of design services by interview of appropriate OWNER users to evaluate the Project program versus actual use, the functional effectiveness of the planned spaces, and the operational effectiveness of equipment, systems and materials. Document both positive and negative aspects of the design and recommend solutions to problems in the Project design and design of future projects of similar type. 4.8.15 The ARCHITECT/ENGINEER shall deliver to the OWNER one (1) complete set of project record drawings showing all work developed by the ARCHITECT’S/ENGINEER’S office for the Project, plus all change orders, revisions, details, etc., recorded on the Project site by the Project Contractor and the OWNER made during the period of construction. The Project Contractor and the OWNER will deliver to the ARCHITECT/ENGINEER one complete set of Project drawings marked up with all changes that occurred during construction at the site. The ARCHITECT/ENGINEER will be responsible for the accuracy of drawings developed in the ARCHITECT/ENGINEER'S office. The ARCHITECT/ENGINEER will not be responsible for changes at the Project site that are not provided by the Project Contractor or the OWNER. The ARCHITECT/ENGINEER shall provide 1 hard copy (mylar) of the Record Drawings and an electronic version form of the Record Drawings in CADD or such other the format the OWNER may reasonably request based on equipment and software compatibility for type as directed by the OWNER'S information and use. The ARCHITECT/ENGINEER may retain one or more copies of the electronic record drawings for the ARCHITECT’S/ENGINEER’S records; Provided, that the ARCHITECT/ENGINEER shall not use or employ the same for work on any other project or for any other party without the express written consent of the OWNER. This section does not restrict the ARCHITECT/ENGINEER from using stock or standardized elements incorporated into the Project drawings for other work. 4.8.16 The ARCHITECT/ENGINEER shall also deliver to the OWNER Project record drawings in an electronic form consisting of the format and type of drawings as directed by the OWNER. Electronic form project record drawings may consist of information produced for the Construction Documents, including plans (site, utility, architectural, mechanical, electrical, etc.), major buildings elevations and major building cross sections. Minor cross sections and detail drawings will not be required in electronic form. The electronic form of the project record drawings must be compatible with the OWNER'S Computer Aided Design and Drafting.

Appears in 1 contract

Samples: Architect/Engineer Design Services Agreement

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PHASE V - CONSTRUCTION ADMINISTRATION PHASE. The ARCHITECT’S/ENGINEER’S FIRM’s Basic Services in Phase V - Construction Administration Phase of a Project shall be as provided below in Sections 4.8.1 through 4.8.16. 4.8.1 . The Construction Administration Phase will commence with the award of the construction contract for the Project, Project and will terminate on the date provided in the Project Addendum. If no termination date is stated in the Project Addendum, the Administration Phase will terminate one year after the date of Substantial Completion of the entire Project. 4.8.2 . Unless otherwise provided in the Project Addendum, the ARCHITECT/ENGINEER FIRM shall provide Construction Administration for the Project. 4.8.3 . The ARCHITECT/ENGINEER FIRM shall advise and consult with the OWNER during the Construction Administration Phase. The ARCHITECT/ENGINEER FIRM shall have authority to act on behalf of the OWNER only to the extent provided in this Agreement, unless otherwise provided in writing by the OWNER. 4.8.4 . A registered architect and/or registered engineer representing the ARCHITECT/ENGINEER FIRM shall make not no less than two visits with the OWNER to the Project Site each month during the progress of construction at a time mutually agreed upon between the OWNER and the ARCHITECT/ENGINEERFIRM. On the basis of Based on on-site observations, the ARCHITECT/ENGINEER FIRM shall endeavor to guard the OWNER against defects and deficiencies in construction of the Project (the Work) and shall assist the OWNER in obtaining faithful performance of the Construction Documents. 4.8.5 . The ARCHITECT/ENGINEER FIRM shall not be responsible for and will not have control over or charge of construction means, methods, techniques, sequences sequences, or procedures, or for safety precautions and programs in connection with the Work on a Project. The ARCHITECT/ENGINEER FIRM shall not be responsible for the Project Contractor's schedules or failure to carry out the Work in accordance with the Construction Documents. The ARCHITECT/ENGINEER FIRM shall not have control over or charge of acts or omissions of a Project Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.8.6 . The ARCHITECT/ENGINEER FIRM shall at all times have reasonable access to the Work on the Project, wherever it is in preparation or progress. 4.8.7 . The ARCHITECT/ENGINEER FIRM shall not determine the amounts owing to the Contractor on the Project and shall not issue Certificates for Payment unless the same are specifically required in the Project Addendum. See OWNER'S RESPONSIBILITIES's Responsibilities, Section 6.11. 4.8.8 . The ARCHITECT/ENGINEER FIRM shall advise the OWNER in matters relating to rejection of Work on the Project which does not generally conform to the Construction Documents. Whenever the ARCHITECT/ENGINEERFIRM, in the reasonable exercise of his or her their professional judgment, considers it necessary or advisable for the proper execution of the Work in accordance with the Construction Documents, he or she they will advise the OWNER to require special inspection or testing of the Work in accordance with the provisions of the Construction Documents, regardless of whether such Work has been fabricated, installed or completed. 4.8.9 . The ARCHITECT/ENGINEER shall timely FIRM, concurrently with the OWNER, will review required Shop Drawings, Product Data, Samples Samples, and other submittals submissions of a Project the Contractor for conformance with the design concept of the Work and for general compliance with the Construction information given in the Contract Documents. If the ARCHITECT/ENGINEER rejects any submittals, the ARCHITECT/ENGINEER shall state the reason therefor On submittals in writing and the ARCHITECT/ENGINEER shall then be responsible for furnishing three (3) corrected copies of such submittals to which the OWNER for recording and filing. In the event the OWNER reasonably determines the ARCHITECT/ENGINEER’S review is causing potential delay to the ProjectFIRM disagree, the OWNER may, but is not required to, notify the ARCHITECT/ENGINEER in writing that submissions made thereafter are deemed approved by the ARCHITECT/ENGINEER 10 days after submittal to the ARCHITECT/ENGINEER unless the ARCHITECT/ENGINEER sooner objects in writing to the OWNER. 4.8.10 The ARCHITECT/ENGINEER shall prepare data for Change Orders or changes in scope of a Project as required by the OWNER, and shall be compensated in accordance with Sections 3.5 or 3.8, as applicable. The ARCHITECT/ENGINEER shall receive a copy of all executed Change Orders prepared by the OWNER. 4.8.11 The ARCHITECT/ENGINEER shall assist the OWNER in determining the dates of Substantial Completion and Final Completion of the Project. The ARCHITECT/ENGINEER shall receive and review written guarantees and related documents provided by the Project Contractor and advise the Owner in regard to their conformance with the Construction Documents. The ARCHITECT/ENGINEER shall assist the OWNER and the Project Contractor in preparation of the "punch list" to be attached to the Certificate of Substantial Completion for the Project, and the ARCHITECT/ENGINEER shall be responsible for preparing the Certificate of Substantial Completion on behalf of the OWNER. 4.8.12 The ARCHITECT/ENGINEER shall assist the OWNER in interpreting the requirements of the Construction Documents for a Project and the performance thereunder by the Project Contractor. Interpretations and recommendations by the ARCHITECT/ENGINEER shall be consistent with the Construction Documents and shall be in written or graphic form. The OWNER shall will have the final decision in regard to aesthetics, cost, or efficiency of the Work, products, materials or other submittals and their conformity with submissions on the specifications condition that it meets or exceeds the specification criteria in the Construction Contract Documents. The ARCHITECT/ENGINEER FIRM will then be responsible for furnishing reviewed and stamped copies to the OWNER and to the Contractor through the OWNER’ project management information system. . The FIRM will prepare data for Change Proposal Requests and Construction Change Directives as required by the OWNER. The FIRM will have access to all executed Change Orders and Construction Change Directives prepared by the OWNER. The FIRM shall assist the OWNER and the Project Contractor in preparation of the "punch list". The FIRM will be, in the first instance, the interpreter of the requirements of the Contract Documents and the impartial judge of the performance thereunder by both the OWNER and Contractor. Interpretations and decisions of the FIRM will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in written or graphic form. The FIRM will make recommendations for the final decision on all claims of the OWNER in a timely manner for resolution of all claims by the Project or Contractor relating to the execution and progress of the Work or relating to and on all other matters submitted to the ARCHITECT/ENGINEER for the ARCHITECT/ENGINEER’S recommendation. 4.8.13 or questions related thereto in a timely manner. The ARCHITECT/ENGINEER shall FIRM will assist in commissioning the building and instructing the OWNER'S operations ’s operation and maintenance personnel in the initial "start-up" of mechanical, electrical electrical, and special equipment systems. 4.8.14 If required by the Project Addendum, a registered ARCHITECT/ENGINEER representing the ARCHITECT/ENGINEER. The FIRM or designee, the OWNER OWNER's Representative and others as applicable who are involved in the Project shall will conduct a post-occupancy inspection in the period from ten to eleven months after the date date(s) of Substantial Completion of the ProjectCompletion. The ARCHITECT/ENGINEER shall FIRM will prepare a report detailing the findings of the post-occupancy inspection and provide two (2) copies electronic files to the OWNER. Such The inspection shall will include: a. : Review of warranties and interview Warranties -Interview of appropriate operating and maintenance personnel to evaluate the performance of and inspect materials, systems systems, and equipment under warranty. Document defects or deficiencies and assist, as required, in administering corrective action by the Project Contractor(s). b. . Evaluation of design services by interview Design Services - Interview of appropriate OWNER users to evaluate the Project program versus actual use, the functional effectiveness of the planned spaces, and the operational effectiveness of equipment, systems systems, and materials. Document both positive and negative aspects of the design and recommend possible solutions to problems in the design of the Project design and design of future projects of similar type. 4.8.15 . The ARCHITECT/ENGINEER shall FIRM will deliver to the OWNER one (1) complete reproducible set of the project record drawings drawings, including all applicable disciplines, showing all work developed by in the ARCHITECT’S/ENGINEER’S office for the ProjectFIRM’s office, plus all change orders, revisions, details, etc., recorded on the Project site by the Project Contractor and and/or the OWNER OWNER's Representative made during the period of construction. The Project Contractor and the OWNER will be required to deliver to the ARCHITECT/ENGINEER FIRM one complete set of Project project drawings marked up with all changes that occurred during construction at the sitesite and reflecting exactly how the project was constructed. The ARCHITECT/ENGINEER FIRM will be responsible for the accuracy of drawings developed in the ARCHITECT/ENGINEER'S FIRM’s office. The ARCHITECT/ENGINEER FIRM will not be responsible for the changes at the Project site that are not provided by the Project Contractor or Contractor. The OWNER will review the as-built record drawings for completion, accuracy, and other requirements. The drawings will be returned to the FIRM for corrections, as necessary. The FIRM will make any corrections and deliver revised as-built drawings to the OWNER. Upon OWNER’s final approval, the FIRM will provide one (1) complete set of appropriately labeled as-built drawings as follows: FIRM will submit to OWNER an electronic copy of all project record drawings. The ARCHITECT/ENGINEER files will be in PDF, CADD, and REVIT formats. CADD files will include all support files required to display and plot the files in the same manner as their submittals. The electronic copies shall provide 1 include all drawings contained in the hard copy (mylar) of the Record Drawings and an electronic version of the Record Drawings in CADD or such submittal necessary for replicating a complete document set. These files will include, but are not limited to, Linetypes, plot configuration/style table files, font files, raster images, other format the OWNER may reasonably request based on equipment and software compatibility for the OWNER'S information and usegraphic files, etc. The ARCHITECT/ENGINEER may retain one or more copies of the record drawings requirement for the ARCHITECT’S/ENGINEER’S records; Provided, that the ARCHITECT/ENGINEER shall not use or employ the same for work on any other project or for any other party without the express written consent of the OWNER. This section does not restrict the ARCHITECT/ENGINEER from using stock or standardized elements incorporated into the Project drawings for other work. 4.8.16 The ARCHITECT/ENGINEER shall also deliver to the OWNER Project record drawings in an electronic form consisting of the format and type of drawings as directed by the OWNER. Electronic form project record drawings may will consist of all information produced for the Construction Documents, including plans (sitesite and floor plans, utilitymajor building elevations, architecturalcross-sections, mechanicalminor cross-sections, electricalmechanical & electrical systems, detail drawings, etc.), major buildings elevations and major building cross sections. Minor cross sections and detail drawings will not be required in electronic form. The electronic form of the project record drawings must be compatible with the OWNER'S Computer Aided Design and Drafting.

Appears in 1 contract

Samples: Architect/Engineer Design Services Agreement

PHASE V - CONSTRUCTION ADMINISTRATION PHASE. The ARCHITECT’S/ENGINEER’S Basic Services in Phase V - Construction Administration Phase of a Project shall be as provided below in Sections 4.8.1 through 4.8.16. 4.8.1 The Construction Administration Phase will commence with the award of the construction contract for the Project, and will terminate on the date provided in the Project Addendum. If no termination date is stated in the Project Addendum, the Administration Phase will terminate one year after the date of Substantial Completion of the entire Project. 4.8.2 Unless otherwise provided in the Project Addendum, the ARCHITECT/ENGINEER shall provide Construction Administration for the Project. 4.8.3 The ARCHITECT/ENGINEER shall advise and consult with the OWNER during the Construction Administration Phase. The ARCHITECT/ENGINEER shall have authority to act on behalf of the OWNER only to the extent provided in this Agreement, unless otherwise provided in writing by the OWNER. 4.8.4 A registered architect ARCHITECT/ENGINEER and/or registered engineer representing the ARCHITECT/ENGINEER shall make not less than two visits with the OWNER to the Project Site each month during the progress of construction at a time mutually agreed upon between the OWNER and the ARCHITECT/ENGINEER. On the basis of on-site observations, the ARCHITECT/ENGINEER shall endeavor to guard the OWNER against defects and deficiencies in construction of the Project (the Work) and shall assist the OWNER in obtaining faithful performance of the Construction Documents. 4.8.5 The ARCHITECT/ENGINEER shall not be responsible for and will not have control over or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work on a Project. The ARCHITECT/ENGINEER shall not be responsible for the Project Contractor's ’s schedules or failure to carry out the Work in accordance with the Construction Documents. The ARCHITECT/ENGINEER shall not have control over or charge of acts or omissions of a Project Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.8.6 The ARCHITECT/ENGINEER shall at all times have reasonable access to the Work on the Project, wherever it is in preparation or progress. 4.8.7 The ARCHITECT/ENGINEER shall not determine the amounts owing to the Contractor on the Project and shall not issue Certificates for Payment unless the same are specifically required in the Project Addendum. See OWNER'S ’S RESPONSIBILITIES, Section 6.11. 4.8.8 The ARCHITECT/ENGINEER shall advise the OWNER in matters relating to rejection of Work on the Project which does not generally conform to the Construction Documents. Whenever the ARCHITECT/ENGINEER, in the reasonable exercise of his or her professional judgment, considers it necessary or advisable for the proper execution of the Work in accordance with the Construction Documents, he or she will advise the OWNER to require special inspection or testing of the Work in accordance with the provisions of the Construction Documents, regardless of whether such Work has been fabricated, installed or completed. 4.8.9 The ARCHITECT/ENGINEER shall timely review required Shop Drawings, Product Data, Samples and other submittals of a Project Contractor for compliance with the Construction Documents. If the ARCHITECT/ENGINEER rejects any submittals, the ARCHITECT/ENGINEER shall state the reason therefor in writing and the ARCHITECT/ENGINEER shall then be responsible for furnishing three (3) corrected copies of such submittals to the OWNER for recording and filing. In the event the OWNER reasonably determines the ARCHITECT/ENGINEER’S =S review is causing potential delay to the Project, the OWNER may, but is not required to, notify the ARCHITECT/ENGINEER in writing that submissions made thereafter are deemed approved by the ARCHITECT/ENGINEER 10 days after submittal to the ARCHITECT/ENGINEER unless the ARCHITECT/ENGINEER sooner objects in writing to the OWNER. 4.8.10 The ARCHITECT/ENGINEER shall prepare data for Change Orders or changes in scope of a Project as required by the OWNER, and shall be compensated in accordance with Sections 3.5 or 3.8, as applicable. The ARCHITECT/ENGINEER shall receive a copy of all executed Change Orders prepared by the OWNER. 4.8.11 The ARCHITECT/ENGINEER shall assist the OWNER in determining the dates of Substantial Completion and Final Completion of the Project. The ARCHITECT/ENGINEER shall receive and review written guarantees and related documents provided by the Project Contractor and advise the Owner in regard to their conformance with the Construction Documents. The ARCHITECT/ENGINEER shall assist the OWNER and the Project Contractor in preparation of the "punch list" to be attached to the Certificate of Substantial Completion for the Project, and the ARCHITECT/ENGINEER shall be responsible for preparing the Certificate of Substantial Completion on behalf of the OWNER.for 4.8.12 The ARCHITECT/ENGINEER shall shall, assist the OWNER in interpreting the requirements of the Construction Documents for a Project and the performance thereunder by the Project Contractor. Interpretations and recommendations by the ARCHITECT/ENGINEER shall be consistent with the Construction Documents and shall be in written or graphic form. The OWNER shall have the final decision in regard to aesthetics, cost, or efficiency of the Work, products, materials or other submittals and their conformity with the specifications in the Construction Documents. The ARCHITECT/ENGINEER shall make recommendations for the final decision of the OWNER in a timely manner for resolution of all claims by the Project Contractor relating to the execution and progress of the Work or relating to other matters submitted to the ARCHITECT/ENGINEER for the ARCHITECT/ENGINEER’S =S recommendation. 4.8.13 The ARCHITECT/ENGINEER shall assist in instructing the OWNER'S ’S operations and maintenance personnel in the initial "start-up" of mechanical, electrical and special equipment systems. 4.8.14 If required by the Project Addendum, a registered ARCHITECT/ENGINEER representing the ARCHITECT/ENGINEER, the OWNER and others as applicable who are involved in the Project shall conduct a post-occupancy inspection in the period from ten to eleven months after the date of Substantial Completion of the Project. The ARCHITECT/ENGINEER shall prepare a report detailing the findings of the post-occupancy inspection and provide two (2) copies to the OWNER. Such inspection shall include: a. Review of warranties and interview of appropriate operating and maintenance personnel to evaluate the performance of and inspect materials, systems and equipment under warranty. Document defects or deficiencies and assist, as required, in administering corrective action by the Project Contractor(s). b. Evaluation of design services by interview of appropriate OWNER users to evaluate the Project program versus actual use, the functional effectiveness of the planned spaces, and the operational effectiveness of equipment, systems and materials. Document both positive and negative aspects of the design and recommend solutions to problems in the Project design and design of future projects of similar type. 4.8.15 The ARCHITECT/ENGINEER shall deliver to the OWNER one (1) complete set of project record drawings showing all work developed by the ARCHITECT’S/ENGINEER’S office for the Project, plus all change orders, revisions, details, etc., recorded on the Project site by the Project Contractor and the OWNER made during the period of construction. The Project Contractor and the OWNER will deliver to the ARCHITECT/ENGINEER one complete set of Project drawings marked up with all changes that occurred during construction at the site. The ARCHITECT/ENGINEER will be responsible for the accuracy of drawings developed in the ARCHITECT/ENGINEER'S ’S office. The ARCHITECT/ENGINEER will not be responsible for changes at the Project site that are not provided by the Project Contractor or the OWNER. The ARCHITECT/ENGINEER shall provide 1 hard copy (mylar) of the Record Drawings and an electronic version of the Record Drawings in CADD or such other format the OWNER may reasonably request based on equipment and software compatibility for the OWNER'S ’S information and use. The ARCHITECT/ENGINEER may retain one or more copies of the record drawings for the ARCHITECT’S/ENGINEER’S records; Provided, that the ARCHITECT/ENGINEER shall not use or employ the same for work on any other project or for any other party without the express written consent of the OWNER. This section does not restrict the ARCHITECT/ENGINEER from using stock or standardized elements incorporated into the Project drawings for other work. 4.8.16 The ARCHITECT/ENGINEER shall also deliver to the OWNER Project record drawings in an electronic form consisting of the format and type of drawings as directed by the OWNER. Electronic form project record drawings may consist of information produced for the Construction Documents, including plans (site, utility, architecturalARCHITECT/ENGINEERural, mechanical, electrical, etc.), major buildings elevations and major building cross sections. Minor cross sections and detail drawings will not be required in electronic form. The electronic form of the project record drawings must be compatible with the OWNER'S ’S Computer Aided Design and Drafting.

Appears in 1 contract

Samples: Design Services Agreement

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