ROLE OF THE CONSULTANT. 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents during construction until issuance of the final certificate for payment, and subject to GC 2.1 – AUTHORITY OF THE CONSULTANT and with the Owner’s concurrence, from time to time until the completion of any correction of defects as provided in GC 12.3.3 of GC 12.3 – WARRANTY. 2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in general conformity with the Contract Documents. 2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultant’s responsibilities. The duties, responsibilities, and limitations of authority of such project representatives shall be as set forth in writing to the Contractor. 2.2.4 The Consultant will provide to the Contractor a complete set of the construction drawings and specifications under the Contract Documents incorporating all Addenda issued by the Consultant from the date of the Request for Proposals to the date of execution of the Contract as soon as reasonably practical following such date of execution. The Consultant shall review the progress of the Work and the general conformance of the Work to the requirements of the Contract Documents. The Consultant shall review the submission of the Contractor in respect to Work completed for the purposes of a progress payment application by the Contractor under GC 5.3 – APPLICATIONS FOR PROGRESS PAYMENT to verify the extent of the completion of the Work in accordance with the schedule of values and shall perform the other responsibilities of the Consultant under GC 5.4 – PROGRESS PAYMENTS and GC 5.8 – FINAL PAYMENT. 2.2.5 The Consultant will not be responsible for and will not have control, charge, or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations, or general construction practice. The Consultant will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of, or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the Work. 2.2.6 The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and shall make findings as to the performance thereunder by both parties to the Contract. Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. When making any interpretations or findings or performing any other functions, or exercising any right or performing any obligation, under the Contract Documents the Consultant will act reasonably and in good faith and in accordance with generally accepted professional standards and will not show partiality to either the Owner or the Contractor. Any dispute between the Owner and the Contractor as to any decision, determination, direction, interpretation or finding of the Consultant or any other action taken by the Consultant pursuant to or in connection with the Contract Documents shall be resolved in accordance with the provisions of PART 8 – DISPUTE RESOLUTION.
Appears in 3 contracts
Samples: Guaranteed Price Contract, Guaranteed Price Contract, Guaranteed Price Contract
ROLE OF THE CONSULTANT. 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents during construction until issuance of the final certificate for payment, and subject to GC 2.1 – AUTHORITY OF THE CONSULTANT and with the Owner’s concurrence, from time to time until the completion of any correction of defects as provided in GC 12.3.3 of GC 12.3 – WARRANTYDocuments.
2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the Work work and to determine if the Work is proceeding in general conformity with the Contract Documents.
2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultant’s 's responsibilities. The duties, responsibilities, responsibilities and limitations of authority of such project representatives shall be as set forth in writing to the Contractor.
2.2.4 The Consultant will provide promptly inform the Owner of the date of receipt of the Contractor’s applications for payment as provided in paragraph 5.3.1.1 of GC 5.3 – PROGRESS PAYMENT.
2.2.5 Based on the Consultant's observations and review of the Contractor's applications for payment, the Consultant will determine the amounts owing to the Contractor a complete set of the construction drawings and specifications under the Contract Documents incorporating all Addenda issued by the Consultant from the date and will issue certificates for payment as provided in Article A-5 of the Request for Proposals to the date of execution of the Contract as soon as reasonably practical following such date of execution. The Consultant shall review the progress of the Work and the general conformance of the Work to the requirements of the Contract Documents. The Consultant shall review the submission of the Contractor in respect to Work completed for the purposes of a progress payment application by the Contractor under Agreement - PAYMENT, GC 5.3 – APPLICATIONS FOR - PROGRESS PAYMENT to verify the extent of the completion of the Work in accordance with the schedule of values and shall perform the other responsibilities of the Consultant under GC 5.4 – PROGRESS PAYMENTS and GC 5.8 – 5.7 - FINAL PAYMENT.
2.2.5 2.2.6 The Consultant will not be responsible for and will not have control, charge, charge or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations, regulations or general construction practice. The Consultant will not be responsible for the Contractor’s 's failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of, of or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, employees or any other persons performing portions of the Work.
2.2.6 The 2.2.7 Except with respect to GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, the Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and shall make findings as Documents.
2.2.8 Matters in question relating to the performance thereunder by both parties to the Contract. Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. When making any interpretations or findings or performing any other functions, or exercising any right or performing any obligation, under the Contract Documents the Consultant will act reasonably and in good faith and in accordance with generally accepted professional standards and will not show partiality to either the Owner Work or the Contractor. Any dispute between the Owner and the Contractor as to any decision, determination, direction, interpretation or finding of the Consultant or any other action taken by the Consultant pursuant to or in connection with the Contract Documents shall be resolved initially referred in accordance with writing to the provisions of PART 8 – DISPUTE RESOLUTIONConsultant by the party raising the question for interpretations and findings and copied to the other party.
Appears in 2 contracts
Samples: Unit Price Contract, Unit Price Contract
ROLE OF THE CONSULTANT. 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents during construction until issuance of the final certificate for payment, and subject to GC 2.1 – AUTHORITY OF THE CONSULTANT and with the Owner’s concurrence, from time to time until the completion of any correction of defects as provided in GC 12.3.3 of GC 12.3 – WARRANTY.
2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in general conformity with the Contract Documents.
2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultant’s responsibilities. The duties, responsibilities, and limitations of authority of such project representatives shall be as set forth in writing to the Contractor.
2.2.4 The Consultant will provide to the Contractor a complete set of the construction drawings and specifications under the Contract Documents incorporating all Addenda issued by the Consultant from the date of the Request for Proposals to the date of execution of the Contract as soon as reasonably practical following such date of execution. The Consultant shall review the progress of the Work and the general conformance of the Work to the requirements of the Contract Documents. The Consultant shall review the submission of the Contractor in respect to Work completed for the purposes of a progress payment application by the Contractor under GC 5.3 – APPLICATIONS FOR PROGRESS PAYMENT to verify the extent of the completion of the Work in accordance with the schedule of values and shall perform the other responsibilities of the Consultant under GC 5.4 – PROGRESS PAYMENTS and GC 5.8 – FINAL PAYMENT.
2.2.5 The Consultant will not be responsible for and will not have control, charge, or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations, or general construction practice. The Consultant will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of, or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the Work.
2.2.6 The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and shall make findings as to the performance thereunder by both parties to the Contract. Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. When making any interpretations or findings or performing any other functions, or exercising any right or performing any obligation, under the Contract Documents the Consultant will act reasonably and in good faith and in accordance with generally accepted professional standards and will not show partiality to either the Owner or the Contractor. Any dispute between the Owner and the Contractor as to any decision, determination, direction, interpretation or finding of the Consultant or any other action taken by the Consultant pursuant to or in connection with the Contract Documents shall be resolved in accordance with the provisions of PART 8 – DISPUTE RESOLUTION.
2.2.7 Claims, disputes, and other matters in question relating to the performance of the Work or the interpretation of the Contract Documents, shall be referred initially to the Consultant by notice in writing given to the Consultant and to the other party for the Consultant’s interpretation and finding which will be given by notice in writing to the parties within a reasonable time.
2.2.8 The Consultant will have authority to reject Work which does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of Work in accordance with GC 2.3 – REVIEW AND INSPECTION OF THE WORK, whether or not such Work is fabricated, installed, or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the Work.
2.2.9 When a request for information is submitted by the Contractor in accordance with GC 3.1.1, the Consultant will endeavour to provide a response to the Contractor as soon as practical, taking into account the impact of the request for information on the critical path. If the request for information relates to an item on the critical path or is reasonably likely to affect an item on the critical path, the Consultant shall respond within five (5) Working Days or such longer period of time mutually agreed to by the Consultant and the Contractor. If the request for information does not relate to an item on the critical path and is not reasonably likely to affect an item on the critical path, the Contractor and the Consultant shall establish a mutually agreed response time that is consistent with the Construction Schedule.
2.2.10 The Consultant will review and take appropriate action upon such Contractor's submittals as shop drawings, Product data and samples, as provided in the Contract Documents.
2.2.11 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 – CHANGE ORDER and GC 6.3 -
Appears in 1 contract
Samples: Guaranteed Price Contract
ROLE OF THE CONSULTANT. 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents during construction until issuance of the final certificate for payment, and subject to GC 2.1 – AUTHORITY OF THE CONSULTANT and with the Owner’s concurrence, from time to time until the completion of any correction of defects as provided in GC 12.3.3 of GC 12.3 – WARRANTY.
2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in general conformity with the Contract Documents.
2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultant’s responsibilities. The duties, responsibilities, and limitations of authority of such project representatives shall be as set forth in writing to the Contractor.
2.2.4 The Consultant will provide to the Contractor a complete set of the construction drawings and specifications under the Contract Documents incorporating all Addenda issued by the Consultant from the date of the Request for Proposals to the date of execution of the Contract as soon as reasonably practical following such date of execution. The Consultant shall review the progress of the Work and the general conformance of the Work to the requirements of the Contract Documents. The Consultant shall review the submission of the Contractor in respect to Work completed for the purposes of a progress payment application by the Contractor under GC 5.3 – APPLICATIONS FOR PROGRESS PAYMENT to verify the extent of the completion of the Work in accordance with the schedule of values and shall perform the other responsibilities of the Consultant under GC 5.4 – PROGRESS PAYMENTS and GC 5.8 – FINAL PAYMENT.
2.2.5 The Consultant will not be responsible for and will not have control, charge, or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations, or general construction practice. The Consultant will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of, or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the Work.
2.2.6 The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and shall make findings as to the performance thereunder by both parties to the Contract. Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. When making any interpretations or findings or performing any other functions, or exercising any right or performing any obligation, under the Contract Documents the Consultant will act reasonably and in good faith and in accordance with generally accepted professional standards and will not show partiality to either the Owner or the Contractor. Any dispute between the Owner and the Contractor as to any decision, determination, direction, interpretation or finding of the Consultant or any other action taken by the Consultant pursuant to or in connection with the Contract Documents shall be resolved in accordance with the provisions of PART 8 – DISPUTE RESOLUTION.
2.2.7 Claims, disputes, and other matters in question relating to the performance of the Work or the interpretation of the Contract Documents, shall be referred initially to the Consultant by notice in writing given to the Consultant and to the other party for the Consultant’s interpretation and finding which will be given by notice in writing to the parties within a reasonable time.
2.2.8 The Consultant will have authority to reject Work which in the Consultant’s opinion does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of Work in accordance with GC2.3 – REVIEW AND INSPECTION OF THE WORK, whether or not such Work is fabricated, installed, or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the Work.
2.2.9 When a request for information is submitted by the Contractor in accordance with GC 3.1.1, the Consultant will endeavour to provide a response to the Contractor as soon as practical taking into account the impact of the request for information on the critical path. If the request for information relates to an item on the critical path or is reasonably likely to affect an item on the critical path, the Consultant shall respond within five (5) Working Days or such longer period of time mutually agreed to by the Consultant and the Contractor. If the request for information does not relate to an item on the critical path and is not reasonably likely to affect an item on the critical path, the Contractor and the Consultant shall establish a mutually agreed response time that is consistent with the Construction Schedule.
2.2.10 The Consultant will review and take appropriate action upon such Contractor's submittals as shop drawings, Product data and samples, as provided in the Contract Documents.
2.2.11 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 – CHANGE ORDER and GC 6.3 -
Appears in 1 contract
Samples: Guaranteed Price Contract
ROLE OF THE CONSULTANT. 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents during construction until issuance of the final certificate for payment, and subject to GC 2.1 – AUTHORITY OF THE CONSULTANT and with the Owner’s concurrence, from time to time until the completion of any correction of defects as provided in GC 12.3.3 of GC 12.3 – WARRANTY.
2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the Work work and to determine if the Work is proceeding in general conformity with the Contract Documents.
2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultant’s responsibilities. The duties, responsibilities, and limitations of authority of such project representatives shall be as set forth in writing to the Contractor.
2.2.4 The Consultant will provide to the Contractor a complete set of the construction drawings and specifications under the Contract Documents incorporating all Addenda issued by the Consultant from the date of the Request for Proposals to the date of execution of the Contract as soon as reasonably practical following such date of executionDocuments. The Consultant shall review the progress of the Work and the general conformance of the Work to the requirements of the Contract Construction Documents. The Consultant shall review the submission of the Contractor in respect to Work completed for the purposes of a progress payment application by the Contractor under GC 5.3 – APPLICATIONS FOR PROGRESS PAYMENT to verify the extent of the completion of the Work in accordance with the schedule of values and shall perform the other responsibilities of the Consultant under GC 5.4 – PROGRESS PAYMENTS PAYMENTS, and GC 5.8 – FINAL PAYMENT.
2.2.5 The Consultant will not be responsible for and will not have control, charge, or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations, or general construction practice. The Consultant will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of, or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the Work.
2.2.6 The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and shall make findings as to the performance thereunder by both parties to the Contract. Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. When making any such interpretations or and findings or performing any other functions, or exercising any right or performing any obligation, under the Contract Documents the Consultant will act reasonably and in good faith and in accordance with generally accepted professional standards and will not show partiality to either the Owner or the Contractor.
2.2.7 Claims, disputes, and other matters in question relating to the performance of the Work or the interpretation of the Contract Documents, shall be referred initially to the Consultant by notice in writing given to the Consultant and to the other party for the Consultant’s interpretation and finding which will be given by notice in writing to the parties within a reasonable time.
2.2.8 The Consultant will have authority to reject work which in the Consultant’s opinion does not conform to the requirements of the Contract Documents. Any dispute between Whenever the Owner and Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of work in accordance with GC 2.3 – REVIEW AND INSPECTION OF THE WORK, whether or not such work is fabricated, installed, or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the Work.
2.2.9 When a request for information is submitted by the Contractor in accordance with GC 3.1.1, the Consultant will endeavour to provide a response to the Contractor as to any decision, determination, direction, interpretation or finding soon as practical taking into account the impact of the Consultant or any other action taken by request for information on the critical path. If the Consultant pursuant to or in connection agrees with the Contract Documents Contractor that the request for information is on the critical path, the Consultant shall be resolved in accordance with the provisions of PART 8 – DISPUTE RESOLUTION.respond within five (5)
Appears in 1 contract
Samples: Guaranteed Price Contract
ROLE OF THE CONSULTANT. 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents during construction until issuance of the final certificate for payment, and subject to GC 2.1 – AUTHORITY OF THE CONSULTANT and with the Owner’s concurrence, from time to time until the completion of any correction of defects as provided in GC 12.3.3 of GC 12.3 – WARRANTY.
2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in general conformity with the Contract Documents.
2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultant’s responsibilities. The duties, responsibilities, and limitations of authority of such project representatives shall be as set forth in writing to the Contractor.
2.2.4 The Consultant will provide to the Contractor a complete set of the construction drawings and specifications under the Contract Documents incorporating all Addenda issued by the Consultant from the date of the Request for Proposals to the date of execution of the Contract as soon as reasonably practical following such date of execution. The Consultant shall review the progress of the Work and the general conformance of the Work to the requirements of the Contract Documents. The Consultant shall review the submission of the Contractor in respect to Work completed for the purposes of a progress payment application by the Contractor under GC 5.3 – APPLICATIONS FOR PROGRESS PAYMENT to verify the extent of the completion of the Work in accordance with the schedule of values and shall perform the other responsibilities of the Consultant under GC 5.4 – PROGRESS PAYMENTS and GC 5.8 5.9 – FINAL PAYMENT.
2.2.5 The Consultant will not be responsible for and will not have control, charge, or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations, or general construction practice. The Consultant will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of, or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the Work.
2.2.6 The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and shall make findings as to the performance thereunder by both parties to the Contract. Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. When making any interpretations or findings or performing any other functions, or exercising any right or performing any obligation, under the Contract Documents the Consultant will act reasonably and in good faith and in accordance with generally accepted professional standards and will not show partiality to either the Owner or the Contractor. Any dispute between the Owner and the Contractor as to any decision, determination, direction, interpretation or finding of the Consultant or any other action taken by the Consultant pursuant to or in connection with the Contract Documents shall be resolved in accordance with the provisions of PART 8 – DISPUTE RESOLUTION.
2.2.7 Claims, disputes, and other matters in question relating to the performance of the Work or the interpretation of the Contract Documents, shall be referred initially to the Consultant by notice in writing given to the Consultant and to the other party for the Consultant’s interpretation and finding which will be given by notice in writing to the parties within a reasonable time.
2.2.8 The Consultant will have authority to reject Work which does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of Work in accordance with GC 2.3 – REVIEW AND INSPECTION OF THE WORK, whether or not such Work is fabricated, installed, or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the Work.
2.2.9 When a request for information is submitted by the Contractor in accordance with GC 3.1.1, the Consultant will endeavour to provide a response to the Contractor as soon as practical, taking into account the impact of the request for information on the critical path. If the request for information relates to an item on the critical path or is reasonably likely to affect an item on the critical path, the Consultant shall respond within five (5) Working Days or such longer period of time mutually agreed to by the Consultant and the Contractor. If the request for information does not relate to an item on the critical path and is not reasonably likely to affect an item on the critical path, the Contractor and the Consultant shall establish a mutually agreed response time that is consistent with the Construction Schedule.
2.2.10 The Consultant will review and take appropriate action upon such Contractor’s submittals as shop drawings, Product data and samples, as provided in the Contract Documents.
2.2.11 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 – CHANGE ORDER and GC 6.3 –
Appears in 1 contract
Samples: Guaranteed Price Contract
ROLE OF THE CONSULTANT. 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents during construction until issuance of the final certificate for payment, and subject to GC 2.1 – AUTHORITY OF THE CONSULTANT and with the Owner’s concurrence, from time to time until the completion of any correction of defects as provided in GC 12.3.3 of GC 12.3 – WARRANTY.
2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the Work work and to determine if the Work is proceeding in general conformity with the Contract Documents.
2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultant’s responsibilities. The duties, responsibilities, and limitations of authority of such project representatives shall be as set forth in writing to the Contractor.
2.2.4 The Subject to GC 1.1.10, the Consultant will provide to the Contractor a complete set sets of the construction drawings and specifications under the Contract Documents incorporating all Addenda addenda issued by the Consultant from the date of the Request for Proposals to the date of execution of the Contract as soon as reasonably practical following such date of execution. The Consultant shall review the progress of the Work and the general conformance of the Work to the requirements of the Contract Construction Documents. The Consultant shall review the submission of the Contractor in respect to Work completed for the purposes of a progress payment application by the Contractor under GC 5.3 – APPLICATIONS FOR PROGRESS PAYMENT to verify the extent of the completion of the Work in accordance with the schedule of values and shall perform the other responsibilities of the Consultant under GC 5.4 – PROGRESS PAYMENTS and GC 5.8 – FINAL PAYMENT.
2.2.5 The Consultant will not be responsible for and will not have control, charge, or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations, or general construction practice. The Consultant will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of, or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the Work.
2.2.6 The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and shall make findings as to the performance thereunder by both parties to the Contract. Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. When making any such interpretations or and findings or performing any other functions, or exercising any right or performing any obligation, under the Contract Documents the Consultant will act reasonably and in good faith and in accordance with generally accepted professional standards and will not show partiality to either the Owner or the Contractor. Any dispute between review, approval, discretion, or decision- making power to be exercised by the Owner Consultant as contemplated by this Contract shall be exercised in accordance with generally accepted professional standards for services of a similar nature for the purpose of ensuring compliance by the Contractor with the Contractor’s obligations under this Contract.
2.2.7 Claims, disputes, and other matters in question relating to the performance of the Work or the interpretation of the Contract Documents, shall be referred initially to the Consultant by notice in writing given to the Consultant and to the other party for the
2.2.8 The Consultant will have authority to reject work which in the Consultant’s opinion does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of work in accordance with GC 2.3.5, whether or not such work is fabricated, installed, or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the Work.
2.2.9 When a request for information is submitted by the Contractor in accordance with GC 3.1.1, the Consultant will endeavour to provide a response to the Contractor as to any decision, determination, direction, interpretation or finding soon as practical taking into account the impact of the Consultant or any other action taken by request for information on the critical path. If the Consultant pursuant to or in connection agrees with the Contract Documents Contractor that the request for information is on the critical path, the Consultant shall be resolved in accordance with the provisions of PART 8 – DISPUTE RESOLUTION.respond within five (5)
Appears in 1 contract
Samples: Guaranteed Price Contract
ROLE OF THE CONSULTANT. 2.2.1 (a) The Consultant will provide administration of the Contract this Project Agreement as described in the Contract Documents during construction until issuance of the final certificate for payment, and subject to GC 2.1 – AUTHORITY OF THE CONSULTANT Section 8.1 and with the OwnerCMH’s concurrence, from time to time until the completion of any correction of defects as provided in GC 12.3.3 of GC 12.3 – WARRANTYArticle 36.
2.2.2 (b) The Consultant will visit the Place of the Work Site at intervals appropriate to the progress of construction to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in general conformity with the Contract Documents.
2.2.3 (c) If the Owner CMH and the Consultant agree, the Consultant will provide at the Place of the WorkSite, one or more project representatives to assist in carrying out the Consultant’s responsibilities. The duties, responsibilities, and limitations of authority of such project representatives shall be as set forth in writing to the Contractor.Project Co.
2.2.4 (d) The Consultant will provide to the Contractor Project Co a complete set of the issued for construction drawings Drawings and specifications Specifications under the Contract Documents incorporating all Addenda issued by the Consultant from the date of the Request for Proposals November 14, 2013 to the date of execution of the Contract this Project Agreement as soon as reasonably practical following such date of execution. The Consultant shall review the progress of the Work and the general conformance of the Work to the requirements of the Contract Documents. The Consultant shall review the submission of the Contractor in Project Co with respect to Work completed for the purposes of a progress payment application by the Contractor Project Co under GC 5.3 – APPLICATIONS FOR PROGRESS PAYMENT Schedule 18 - Payments and Holdbacks, to verify the extent of the completion of the Work in accordance with the schedule of values and shall perform the other responsibilities of the Consultant under GC 5.4 – PROGRESS PAYMENTS Schedule 18 - Payments and GC 5.8 – FINAL PAYMENTHoldbacks.
2.2.5 (e) The Consultant will not be responsible for and will not have control, charge, or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations, Applicable Law or general construction practice. The Consultant will not be responsible for the ContractorProject Co’s failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of, or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, Project Co or their agents, employees, any Project Co Party or any other persons performing portions of the Work.
2.2.6 (f) The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and shall make findings as to the performance thereunder by both parties Parties to the Contract. Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documentsthis Project Agreement. When making any interpretations or findings or performing any other functions, functions or exercising any right or performing any obligation, obligation under the Contract Documents Documents, the Consultant will act reasonably and in good faith and in accordance with generally accepted professional standards and will not show partiality to either the Owner CMH or the Contractor. Project Co. Any dispute between the Owner CMH and the Contractor Project Co as to any decision, determination, direction, interpretation or finding of the Consultant or any other action taken by the Consultant pursuant to or in connection with the Contract Documents shall be resolved in accordance with the provisions of PART 8 Schedule 14 – DISPUTE RESOLUTIONDispute Resolution Procedure.
(g) Claims, disputes, and other matters in question relating to the performance of the Work or the interpretation of the Contract Documents, shall be referred initially to the Consultant by notice in writing given to the Consultant and to the other Party for the Consultant’s interpretation and finding which will be given by notice in writing to the Parties within a reasonable time.
(h) The Consultant will have authority to reject Work which does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of Work in accordance with Section 17.2, whether or not such Work is fabricated, installed, or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to Project Co, any Project Co Party, or other persons performing any part of the Work.
(i) When a request for information is submitted by Project Co in accordance with Section 11.2(a)(i), the Consultant will endeavour to provide a response to Project Co as soon as practical, taking into account the impact of the request for information on the critical path. If the request for information relates to an item on the critical path or is reasonably likely to affect an item on the critical path, the Consultant shall respond within 5 Business Days or such longer period of time mutually agreed to by the Consultant and Project Co. If the request for information does not relate to an item on the critical path and is not reasonably likely to affect an item on the critical path, the Consultant and Project Co shall establish a mutually agreed response time that is consistent with the Construction Schedule.
(j) The Consultant will review and take appropriate action upon Project Co’s submittals such as shop drawings, Product data and samples, as provided in the Contract Documents.
(k) The Consultant will prepare Contemplated Change Notices, Change Orders and Change Directives as provided in Schedule 11 - Change Procedure.
(l) The Consultant will conduct reviews of the Work to determine the Interim Completion Date and the Substantial Completion Date, as provided in Section 16.1 and Section 16.2, respectively, and make determinations as required in respect of the Commissioning, as contemplated in Schedule 9.
(m) All certificates issued by the Consultant shall be to the best of the Consultant’s knowledge, information and belief. By issuing any certificate, the Consultant does not guarantee that the Work is correct or complete.
(n) The Consultant will receive and review written warranties and related documents required by this Project Agreement and provided by Project Co and will forward such warranties and documents to CMH for CMH’s acceptance.
(o) Without limiting the generality of the responsibilities of the Consultant in accordance with this Section 8.2, the Consultant shall be responsible for reviewing and making a finding on Design Issues and issuing all final documentation in accordance with Section 11.18.
(p) The Consultant shall cooperate with Lender’s Consultant on a reasonable basis to facilitate the responsibilities of Lender’s Consultant. No activities of Lender’s Consultant under this Project Agreement shall limit in any manner the role and responsibility of the Consultant.
(q) CMH has retained CMH’s Project Manager to assist CMH in the overall implementation of the Project. CMH’s Project Manager shall provide services and interface with Project Co and the Consultant in relation to coordination of the Work for existing operations, schedule overview, and communicating decisions and directions of CMH. CMH may, upon notification to Project Co, appoint a new CMH Project Manager whose status shall be that of the former CMH Project Manager.
(r) When CMH, the Consultant or Project Co provides any written notice under this Project Agreement, they shall also provide a copy of the notice to each other and to CMH’s Project Manager, the Contractor, Agent and Lender’s Consultant.
(s) Notwithstanding the foregoing or anything to the contrary in this Project Agreement or the Contract Documents, the Consultant will not be responsible for the administration or interpretation of those aspects of this Project Agreement that are not related or do not pertain to the construction, installation, testing, Commissioning and completion of the Facility, and other like activities, and for greater certainty, will not have any responsibility or obligation with respect to the matters set out in Article 2, Article 7, Schedule 3 – Completion Documents, Schedule 4 – Project Co Information, Schedule 5 – Form of Lender’s Direct Agreement, Schedule 22 – Form of Performance Guarantee of Construction Guarantor or Schedule 23 – Form of Assignable Subcontract Agreement for Construction Contract of this Project Agreement, or for any matter related to the Financing.
Appears in 1 contract
Samples: Project Agreement
ROLE OF THE CONSULTANT. 2.2.1
(a) The Consultant will provide administration of the Contract this Project Agreement as described in the Contract Documents during construction until issuance of the final certificate for payment, and subject to GC 2.1 – AUTHORITY OF THE CONSULTANT Section 8.1 and with the OwnerTHP’s concurrence, from time to time until the completion of any correction of defects as provided in GC 12.3.3 of GC 12.3 – WARRANTYArticle 36.
2.2.2 (b) The Consultant will visit the Place of the Work Site at intervals appropriate to the progress of construction to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in general conformity with the Contract Documents.
2.2.3 (c) If the Owner THP and the Consultant agree, the Consultant will provide at the Place of the WorkSite, one or more project representatives to assist in carrying out the Consultant’s responsibilities. The duties, responsibilities, and limitations of authority of such project representatives shall be as set forth in writing to the Contractor.Project Co.
2.2.4 (d) The Consultant will provide to the Contractor Project Co a complete set of the issued for construction drawings Drawings and specifications Specifications under the Contract Documents incorporating all Addenda issued by the Consultant from the date of the Request for Proposals March 20, 2014 to the date of execution of the Contract this Project Agreement as soon as reasonably practical following such date of execution. The Consultant shall review the progress of the Work and the general conformance of the Work to the requirements of the Contract Documents. The Consultant shall review the submission of the Contractor in Project Co with respect to Work completed for the purposes of a progress payment application by the Contractor Project Co under GC 5.3 – APPLICATIONS FOR PROGRESS PAYMENT Schedule 18 - Payments and Holdbacks, to verify the extent of the completion of the Work in accordance with the schedule of values and shall perform the other responsibilities of the Consultant under GC 5.4 – PROGRESS PAYMENTS Schedule 18 - Payments and GC 5.8 – FINAL PAYMENTHoldbacks.
2.2.5 (e) The Consultant will not be responsible for and will not have control, charge, or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations, Applicable Law or general construction practice. The Consultant will not be responsible for the ContractorProject Co’s failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of, or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, Project Co or their agents, employees, any Project Co Party or any other persons performing portions of the Work.
2.2.6 (f) The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and shall make findings as to the performance thereunder by both parties Parties to the Contract. Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documentsthis Project Agreement. When making any interpretations or findings or performing any other functions, functions or exercising any right or performing any obligation, obligation under the Contract Documents Documents, the Consultant will act reasonably and in good faith and in accordance with generally accepted professional standards and will not show partiality to either the Owner THP or the Contractor. Project Co. Any dispute between the Owner THP and the Contractor Project Co as to any decision, determination, direction, interpretation or finding of the Consultant or any other action taken by the Consultant pursuant to or in connection with the Contract Documents shall be resolved in accordance with the provisions of PART 8 Schedule 14 – DISPUTE RESOLUTIONDispute Resolution Procedure.
(g) Claims, disputes, and other matters in question relating to the performance of the Work or the interpretation of the Contract Documents, shall be referred initially to the Consultant by notice in writing given to the Consultant and to the other Party for the Consultant’s interpretation and finding which will be given by notice in writing to the Parties within a reasonable time.
(h) The Consultant will have authority to reject Work which does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of Work in accordance with Section 17.2, whether or not such Work is fabricated, installed, or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to Project Co, any Project Co Party, or other persons performing any part of the Work.
(i) When a request for information is submitted by Project Co in accordance with Section 11.2(a)(i), the Consultant will endeavour to provide a response to Project Co as soon as practical, taking into account the impact of the request for information on the critical path. If the request for information relates to an item on the critical path or is reasonably likely to affect an item on the critical path, the Consultant shall respond within 5 Business Days or such longer period of time mutually agreed to by the Consultant and Project Co. If the request for information does not relate to an item on the critical path and is not reasonably likely to affect an item on the critical path, the Consultant and Project Co shall establish a mutually agreed response time that is consistent with the Construction Schedule.
(j) The Consultant will review and take appropriate action upon Project Co’s submittals such as shop drawings, Product data and samples, as provided in the Contract Documents.
(k) The Consultant will prepare Contemplated Change Notices, Change Orders and Change Directives as provided in Schedule 11 - Change Procedure.
(l) The Consultant will conduct reviews of the Work to determine the Substantial Completion Date, as provided in Section 16.1, and make determinations as required in respect of the Commissioning, as contemplated in Schedule 9.
(m) All certificates issued by the Consultant shall be to the best of the Consultant’s knowledge, information and belief. By issuing any certificate, the Consultant does not guarantee that the Work is correct or complete.
(n) The Consultant will receive and review written warranties and related documents required by this Project Agreement and provided by Project Co and will forward such warranties and documents to THP for THP’s acceptance.
(o) Without limiting the generality of the responsibilities of the Consultant in accordance with this Section 8.2, the Consultant shall be responsible for reviewing and making a finding on Design Issues and issuing all final documentation in accordance with Section 11.18.
(p) The Consultant shall cooperate with Lender’s Consultant on a reasonable basis to facilitate the responsibilities of Lender’s Consultant. No activities of Lender’s Consultant under this Project Agreement shall limit in any manner the role and responsibility of the Consultant.
(q) THP has retained THP’s Project Manager to assist THP in the overall implementation of the Project. THP’s Project Manager shall provide services and interface with Project Co and the Consultant in relation to coordination of the Work for existing operations, schedule overview, and communicating decisions and directions of THP. THP may, upon notification to Project Co, appoint a new THP Project Manager whose status shall be that of the former THP Project Manager.
(r) When THP, the Consultant or Project Co provides any written notice under this Project Agreement, they shall also provide a copy of the notice to each other and to THP’s Project Manager, the Contractor, Agent and Lender’s Consultant.
(s) Notwithstanding the foregoing or anything to the contrary in this Project Agreement or the Contract Documents, the Consultant will not be responsible for the administration or interpretation of those aspects of this Project Agreement that are not related or do not pertain to the construction, installation, testing, Commissioning and completion of the Facility, and other like activities, and for greater certainty, will not have any responsibility or obligation with respect to the matters set out in Article 2, Article 7, Schedule 3 – Completion Documents, Schedule 4 – Project Co Information, Schedule 5 – Form of Lender’s Direct Agreement, Schedule 22 – Form of Performance Guarantee of Construction Guarantor or Schedule 23 – Form of Assignable Subcontract Agreement for Construction Contract of this Project Agreement, or for any matter related to the Financing.
Appears in 1 contract
Samples: Project Agreement
ROLE OF THE CONSULTANT. 2.2.1 (a) The Consultant will provide administration of the Contract this Project Agreement as described in the Contract Documents during construction until issuance of the final certificate for payment, and subject to GC 2.1 – AUTHORITY OF THE CONSULTANT Section 8.1 and with the OwnerCHH’s concurrence, from time to time until the completion of any correction of defects as provided in GC 12.3.3 of GC 12.3 – WARRANTYArticle 36.
2.2.2 (b) The Consultant will visit the Place of the Work Site at intervals appropriate to the progress of construction to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in general conformity with the Contract Documents.
2.2.3 (c) If the Owner CHH and the Consultant agree, the Consultant will provide at the Place of the WorkSite, one or more project representatives to assist in carrying out the Consultant’s responsibilities. The duties, responsibilities, and limitations of authority of such project representatives shall be as set forth in writing to the Contractor.Project Co.
2.2.4 (d) The Consultant will provide to the Contractor Project Co a complete set of the issued for construction drawings Drawings and specifications Specifications under the Contract Documents incorporating all Addenda issued by the Consultant from the date of the Request for Proposals February 18, 2014 to the date of execution of the Contract this Project Agreement as soon as reasonably practical following such date of execution. The Consultant shall review the progress of the Work and the general conformance of the Work to the requirements of the Contract Documents. The Consultant shall review the submission of the Contractor in Project Co with respect to Work completed for the purposes of a progress payment application by the Contractor Project Co under GC 5.3 – APPLICATIONS FOR PROGRESS PAYMENT Schedule 18 - Payments and Holdbacks, to verify the extent of the completion of the Work in accordance with the schedule of values and shall perform the other responsibilities of the Consultant under GC 5.4 – PROGRESS PAYMENTS Schedule 18 - Payments and GC 5.8 – FINAL PAYMENTHoldbacks.
2.2.5 (e) The Consultant will not be responsible for and will not have control, charge, or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations, Applicable Law or general construction practice. The Consultant will not be responsible for the ContractorProject Co’s failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of, or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, Project Co or their agents, employees, any Project Co Party or any other persons performing portions of the Work.
2.2.6 (f) The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and shall make findings as to the performance thereunder by both parties Parties to the Contract. Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documentsthis Project Agreement. When making any interpretations or findings or performing any other functions, functions or exercising any right or performing any obligation, obligation under the Contract Documents Documents, the Consultant will act reasonably and in good faith and in accordance with generally accepted professional standards and will not show partiality to either the Owner CHH or the Contractor. Project Co. Any dispute between the Owner CHH and the Contractor Project Co as to any decision, determination, direction, interpretation or finding of the Consultant or any other action taken by the Consultant pursuant to or in connection with the Contract Documents shall be resolved in accordance with the provisions of PART 8 Schedule 14 – DISPUTE RESOLUTIONDispute Resolution Procedure.
(g) Claims, disputes, and other matters in question relating to the performance of the Work or the interpretation of the Contract Documents, shall be referred initially to the Consultant by notice in writing given to the Consultant and to the other Party for the Consultant’s interpretation and finding which will be given by notice in writing to the Parties within a reasonable time.
(h) The Consultant will have authority to reject Work which does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of Work in accordance with Section 17.2, whether or not such Work is fabricated, installed, or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to Project Co, any Project Co Party, or other persons performing any part of the Work.
(i) When a request for information is submitted by Project Co in accordance with Section 11.2(a)(i), the Consultant will endeavour to provide a response to Project Co as soon as practical, taking into account the impact of the request for information on the critical path. If the request for information relates to an item on the critical path or is reasonably likely to affect an item on the critical path, the Consultant shall respond within 5 Business Days or such longer period of time mutually agreed to by the Consultant and Project Co. If the request for information does not relate to an item on the critical path and is not reasonably likely to affect an item on the critical path, the Consultant and Project Co shall establish a mutually agreed response time that is consistent with the Construction Schedule.
(j) The Consultant will review and take appropriate action upon Project Co’s submittals such as shop drawings, Product data and samples, as provided in the Contract Documents.
(k) The Consultant will prepare Contemplated Change Notices, Change Orders and Change Directives as provided in Schedule 11 - Change Procedure.
(l) The Consultant will conduct reviews of the Work to determine the Substantial Completion Date, as provided in Section 16.1, and make determinations as required in respect of the Commissioning, as contemplated in Schedule 9.
(m) All certificates issued by the Consultant shall be to the best of the Consultant’s knowledge, information and belief. By issuing any certificate, the Consultant does not guarantee that the Work is correct or complete.
(n) The Consultant will receive and review written warranties and related documents required by this Project Agreement and provided by Project Co and will forward such warranties and documents to CHH for CHH’s acceptance.
(o) Without limiting the generality of the responsibilities of the Consultant in accordance with this Section 8.2, the Consultant shall be responsible for reviewing and making a finding on Design Issues and issuing all final documentation in accordance with Section 11.18.
(p) The Consultant shall cooperate with Xxxxxx’s Consultant on a reasonable basis to facilitate the responsibilities of Xxxxxx’s Consultant. No activities of Xxxxxx’s Consultant under this Project Agreement shall limit in any manner the role and responsibility of the Consultant.
(q) CHH has retained CHH’s Project Manager to assist CHH in the overall implementation of the Project. CHH’s Project Manager shall provide services and interface with Project Co and the Consultant in relation to coordination of the Work for existing operations, schedule overview, and communicating decisions and directions of CHH. CHH may, upon notification to Project Co, appoint a new CHH Project Manager whose status shall be that of the former CHH Project Manager.
(r) When CHH, the Consultant or Project Co provides any written notice under this Project Agreement, they shall also provide a copy of the notice to each other and to CHH’s Project Manager, the Contractor, Agent and Xxxxxx’s Consultant.
(s) Notwithstanding the foregoing or anything to the contrary in this Project Agreement or the Contract Documents, the Consultant will not be responsible for the administration or interpretation of those aspects of this Project Agreement that are not related or do not pertain to the construction, installation, testing, Commissioning and completion of the Facility, and other like activities, and for greater certainty, will not have any responsibility or obligation with respect to the matters set out in Article 2, Article 7, Schedule 3 – Completion Documents, Schedule 4 – Project Co Information, Schedule 5 – Form of Lender’s Direct Agreement, Schedule 22 – Form of Performance Guarantee of Construction Guarantor or Schedule 23 – Form of Assignable Subcontract Agreement for Construction Contract of this Project Agreement, or for any matter related to the Financing.
Appears in 1 contract
Samples: Project Agreement
ROLE OF THE CONSULTANT. 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents during construction until issuance of the final certificate for payment, and subject to GC 2.1 – AUTHORITY OF THE CONSULTANT and with the Owner’s concurrence, from time to time until the completion of any correction of defects as provided in GC 12.3.3 of GC 12.3 – WARRANTY.
2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in general conformity with the Contract Documents.
2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultant’s responsibilities. The duties, responsibilities, and limitations of authority of such project representatives shall be as set forth in writing to the Contractor.
2.2.4 The Consultant will provide to the Contractor a complete set of the construction drawings and specifications under the Contract Documents incorporating all Addenda issued by the Consultant from the date of the Request for Proposals to the date of execution of the Contract as soon as reasonably practical following such date of execution. The Consultant shall review the progress of the Work and the general conformance of the Work to the requirements of the Contract Documents. The Consultant shall review the submission of the Contractor in respect to Work completed for the purposes of a progress payment application by the Contractor under GC 5.3 – APPLICATIONS FOR PROGRESS PAYMENT to verify the extent of the completion of the Work in accordance with the schedule of values and shall perform the other responsibilities of the Consultant under GC 5.4 – PROGRESS PAYMENTS and GC 5.8 – FINAL PAYMENT.
2.2.5 The Consultant will not be responsible for and will not have control, charge, or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations, or general construction practice. The Consultant will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of, or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the Work.
2.2.6 The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and shall make findings as to the performance thereunder by both parties to the Contract. Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. When making any interpretations or findings or performing any other functions, or exercising any right or performing any obligation, under the Contract Documents the Consultant will act reasonably and in good faith and in accordance with generally accepted professional standards and will not show partiality to either the Owner or the Contractor. Any dispute between the Owner and the Contractor as to any decision, determination, direction, interpretation or finding of the Consultant or any other action taken by the Consultant pursuant to or in connection with the Contract Documents shall be resolved in accordance with the provisions of PART 8 – DISPUTE RESOLUTION.
2.2.7 Claims, disputes, and other matters in question relating to the performance of the Work or the interpretation of the Contract Documents, shall be referred initially to the Consultant by notice in writing given to the Consultant and to the other party for the Consultant’s interpretation and finding which will be given by notice in writing to the parties within a reasonable time.
2.2.8 The Consultant will have authority to reject Work which does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of Work in accordance with GC 2.3 – REVIEW AND INSPECTION OF THE WORK, whether or not such Work is fabricated, installed, or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the Work. Consultant will endeavour to provide a response to the Contractor as soon as practical, taking into account the impact of the request for information on the critical path. If the request for information relates to an item on the critical path or is reasonably likely to affect an item on the critical path, the Consultant shall respond within five (5) Working Days or such longer period of time mutually agreed to by the Consultant and the Contractor. If the request for information does not relate to an item on the critical path and is not reasonably likely to affect an item on the critical path, the Contractor and the Consultant shall establish a mutually agreed response time that is consistent with the Construction Schedule.
Appears in 1 contract
Samples: Guaranteed Price Contract
