Common use of Construction Phase - Administration of the Construction Contract Clause in Contracts

Construction Phase - Administration of the Construction Contract. The Construction Phase shall commence with the award of the Contract for Construction and issuance of (i) a Notice to Commence On-Site Work or (ii) a Notice to Proceed with Construction Services and terminate sixty (60) days after Final Payment to the Contractor is made, or when all of Project Architect’s services have been satisfactorily performed, whichever occurs later. Project Architect shall provide administration of the Contract for Construction as set forth below and in the edition of the Owner’s Design Guidelines current as of the date of this Agreement. The Project Architect shall coordinate with the Contractor to establish and maintain a numbering and tracking system for all Project records, including changes, requests for information, submittals, and supplementary instructions and shall provide updated records at each Owner’s monthly meeting and when requested. The Project Architect shall manage and execute all Change Orders. The Project Architect shall chair all meetings scheduled by the Owner or Project Architect and shall promptly provide summary notes to all parties. The Project Architect shall attend Contractor’s regularly scheduled planning meetings when requested. The Project Architect shall review the Contractor’s list of proposed subcontractors for the work, initial administrative submittals for Project Schedule, Schedule of Values, Submittal Schedule, and Equipment Matrix to establish appropriate bases for construction monitoring, payment processing, and system commissioning. The Project Architect shall identify necessary revisions to the documents in writing to the Contractor and recommend acceptance of the documents by the Owner when appropriate. The Project Architect shall review periodic updates of all schedules with Owner and Contractor to evaluate appropriateness. The Project Architect and its consultants shall prepare appropriate materials for and conduct a Pre-Construction Conference at the site prior to commencement of construction by the Contractor. The Project Architect shall be a representative of the Owner during the Construction Phase and shall advise and consult with the Owner. Instructions to the Contractor shall be forwarded through the Project Architect. The Project Architect shall have authority to act on behalf of the Owner to the extent provided in the Contract Documents. Duties. The responsibilities and limitations of authority of the Project Architect shall not be restricted, modified or extended without written acceptance of the Owner.

Construction Phase - Administration of the Construction Contract. The Construction Phase shall commence with the award of the Contract for Construction and issuance of (i) a Notice to Commence On-Site Work or (ii) a Notice to Proceed with Construction Services and terminate sixty (60) days after Final Payment to the Contractor is made, or when all of Project Architect’s services have been satisfactorily performed, whichever occurs later. Project Architect shall provide administration of the Contract for Construction as set forth below and in the edition of the Owner’s Design Guidelines current as of the date of this Agreement. The Project Architect shall coordinate with the Contractor to establish and maintain a numbering and tracking system for all Project records, including changes, requests for information, submittals, and supplementary instructions and shall provide updated records at each Owner’s monthly meeting and when requested. The Project Architect shall manage and execute all Change Orders. The Project Architect shall chair all meetings scheduled by the Owner or Project Architect and shall promptly provide summary notes to all parties. The Project Architect shall attend Contractor’s regularly scheduled planning meetings when requested. The Project Architect shall review the Contractor’s list of proposed subcontractors for the work, initial administrative submittals for Project Schedule, Schedule of Values, Submittal Schedule, and Equipment Matrix to establish appropriate bases for construction monitoring, payment processing, and system commissioning. The Project Architect shall identify necessary revisions to the documents in writing to the Contractor and recommend acceptance of the documents by the Owner when appropriate. The Project Architect shall review periodic updates of all schedules with Owner and Contractor to evaluate appropriateness. The Project Architect and its consultants shall prepare appropriate materials for and conduct a Pre-Construction Conference at the site prior to commencement of construction by the Contractor. The Project Architect shall be a representative of the Owner during the Construction Phase Phase, and shall advise and consult with the Owner. Instructions to the Contractor shall be forwarded through the Project Architect. The Project Architect shall have authority to act on behalf of the Owner to the extent provided in the Contract Documents. Duties. The , responsibilities and limitations of authority of the Project Architect shall not be restricted, modified or extended without written acceptance of the Owner.

Construction Phase - Administration of the Construction Contract. The Construction Phase shall will commence with the award of the initial Construction Contract for or purchase order and together with the Construction and issuance of (i) a Notice Manager’s obligation to Commence On-Site Work or (ii) a Notice to Proceed with Construction provide Basic Services and terminate sixty (60) under this Agreement, will end 30 days after Final Payment final payment to all Contractors is due. Notwithstanding the Contractor duration of the Construction Phase of the Project, the duration of the Construction Manager’s obligation is madeaddressed in Sections 13.2.1, or when all of Project Architect’s services have been satisfactorily performed, whichever occurs later13.5.1 and Article 9. Project Architect The Construction Manager shall provide administration of the Contract Contracts for Construction in cooperation with the Architect as set forth below and in the edition of AIA Document A201/CMa, General Conditions of the Owner’s Design Guidelines Contract for Construction. Construction Manager-Adviser Edition, current as of the date of this Agreement. The Project Architect shall coordinate Construction Manager’s administration provided in cooperation with the Architect is based upon the approval of all aspects of the Project by the Owner. The Construction Manager shall provide administrative, management and related services to the Owner in order that the Owner may select a Contractor having the responsibility to establish coordinate scheduled activities and maintain a numbering responsibilities of the Contractors with each other and tracking system with those of the Construction Manager, the Owner and the Architect to endeavor to manage the Project in accordance with the latest approved estimate of Construction Cost, the Project Schedule and the Contract Documents. The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress and scheduling. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Contractors. Omissions, exceptions, and directives contained in the minutes shall be deemed approved by the Owner unless Owner promptly advises to the contrary. The Construction Manager will not be held accountable for all the performance of independently contracted design professionals or contractors of the Project. Utilizing the Construction Schedules provided by the Contractors, the Construction Manager shall update the Project recordsconstruction schedule incorporating the activities of the Contractors on the Project, including changesactivity sequences and durations, requests for informationallocation of labor and materials, submittalsprocessing of Shop Drawings, Product Data and Samples, and supplementary instructions delivery of products requiring long lead time and shall provide updated records at each Owner’s monthly meeting procurement, based upon the Owner contracted Contractors’ Schedules and when requestedthe Owner supplied materials, labor and equipment. The Construction Manager responsibility is to assemble this information and present it to the Owner for approval. The Project Architect construction schedule shall manage and execute all Change Ordersinclude the Owner’s occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project construction schedule may not be met, the Construction Manager shall recommend corrective action to the Owner and Architect. The schedule and any changes to it will be the sole responsibility of the Owner. The Construction Manager shall endeavor to obtain satisfactory performance from each of the Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. Any unsatisfactory performances of the Owner’s Contractors will the responsibility of the Owner. The Construction Manager shall develop cash flow reports and forecasts for the Project and advise the Owner and Architect as to variances between actual and budgeted or estimated costs. The acceptance and approval of all cash flow reports and forecasts prepared by the Construction Manager will be the Owners right, and thereupon the Owner’s responsibility. The Construction Manager shall chair all meetings scheduled develop and implement procedures for the review and processing of applications by Contractors for progress and final payments. All applications for progress and final payment to the Owner’s Contractors will be reviewed and independently approved by the Owner. Based on the Construction Manager’s observations and evaluations of each Contractor’s Application for Payment, the Construction Manager shall review and certify the amounts due the respective Contractors. All applications for progress and final payment to the Owner’s Contractors will be reviewed and independently approved by the Owner. The Construction Manager shall prepare a Project Application for Payment based on the Contractors’ Certificates for Payment. All applications for progress and final payment to the Owner’s Contractors will be reviewed and independently approved by the Owner. The Construction Manager’s certification for payment shall constitute a representation to the Owner, based on the Construction Manager’s determinations at the site as provided in Section 2.3.13 and on the data comprising the Contractor’s’ Applications for Payment, that, to the best of the Construction Manager’s knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations form the Contract Documents correctable prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. All application for progress and final payment to the Owner’s Contractors will be reviewed and independently approved by the Owner. The issuance of a Certificate for Payment shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences for the Contractor’s own Work, or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner or Project Architect and shall promptly provide summary notes to all parties. The Project Architect shall attend Contractor’s regularly scheduled planning meetings when requested. The Project Architect shall review substantiate the Contractor’s list right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of proposed subcontractors the Contract Sum. The Construction Manager shall schedule and coordinate the sequence of construction of the Contractor in accordance with the Contract Documents and the latest approved Project construction schedule. The Construction Manager is not responsible for the work, initial administrative submittals for Project Schedule, Schedule performance of Values, Submittal Schedule, and Equipment Matrix to establish appropriate bases for construction monitoring, payment processing, and system commissioning. The Project Architect shall identify necessary revisions to the documents in writing to the Contractor and recommend acceptance of the documents by the Owner when appropriate. The Project Architect shall review periodic updates of all schedules with Owner and Contractor to evaluate appropriateness. The Project Architect and its consultants shall prepare appropriate materials for and conduct a Pre-Construction Conference at the site prior to commencement of construction by the Contractor. The Constructions Cost, Project Schedule, all budgets, contracts with contractors and suppliers will be approved by the Owner. The Owner assumes full responsibility for the Construction Documents, Construction Cost and the Project Schedule. With respect to each Contractor’s own Work, the Construction Manger shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor’s responsibility under the Contract for Construction. The Construction Manager shall not be responsible for a Contractor’s failure to carry out the Work in accordance with the respective Contract Documents or Project Schedule. The Construction Manager shall not have control over or charge of acts or omissions of the Contractors, Subcontractors, or their agents or employees, or any other persons performing portions of the Work not directly employed by the Construction Manager. The Construction Manager shall transmit to the Architect requests for interpretations of the meaning and intent of the Drawings and Specifications, and assist in the resolution of questions that may arise. The Construction Manager’s responsibility related to interpretations of the meaning and the intent of Drawings and Specifications will be to document and send the specific requests, track the status of response, and communicate the Architect’s responses. The Construction Manager will have no responsibility for interpreting or providing any resolution of the questions. The Construction Manager shall review requests for changes, assist in negotiating Contractors’ proposals, submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives which incorporate the Architect’s modifications to the Documents. Any acceptance of Change Orders, Construction Change Directives or incorporation of Architect’s modifications to the Documents will be the sole decision and responsibility of the Owner. The Construction Manager shall assist the Architect in the review, evaluation and documentation of Claims. Any acceptance of any claim filed on the Project will be the sole decision of the Owner. The Construction Manager shall receive certificates of insurance from the Contractors and forward them to the Owner with a copy to the Architect. The insurance to be provided by Contractors shall be a representative subject to the acceptance of both Owner and Construction Manager and will name both as additional insureds. In collaboration with the Architect, the Construction Manager shall establish and implement procedures for expediting the processing and approval of Shop Drawings, Product Data, Samples and other submittals. The Construction Manager shall review all Shop Drawings, Product Data, Samples and other submittals from the Contractors. The Construction Manager’s actions shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner during or Contractors. The Construction Manager’s responsibility related to the processing and approval of Shop Drawings, Product Data, Samples, and other submittals will be to document and send the specific requests, track the status of response, and communicate the Architect’s responses. The Construction Manager will have no responsibility for the interpretation or approvals of any Shop Drawings, Product Data, Samples, and other submittals. The Construction Manager shall record the progress of the Project. The Construction Manager shall submit written progress reports to the Owner and Architect including information on each Contractor and each Contractor’s Work, as well as the entire Project, showing percentages of completion. The Construction Manager shall maintain at the Project site for the Owner one record copy of all Contracts, Drawings, Specifications, addenda. Change Orders and other Modifications, in good order, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall arrange and coordinate for the Contractor’s performance of the delivery, storage, protection and security of Owner-purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Project. Owner agrees to hold harmless Construction Manager with respect to any loss of or damage to such materials, systems and equipment. With the Architect and the Owner’s maintenance personnel, the Construction Phase Manager shall observe the Contractors’ final testing and start-up of utilities, operational systems and equipment When the Construction Manager considers each Contractor’s Work or a designated portion thereof substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete items and a schedule for their completion. The Construction Manager shall coordinate the schedule of the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. Notwithstanding the preparation for the Architect a list of incomplete items, the Construction Manager shall not have control over or charge of and shall advise not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and consult programs in connection with the Work of each of the Contractors, since these are solely the Contractor’s responsibility under the Contract for Construction. The Construction Manager shall not be responsible for a Contractor’s failure to carry out the Work in accordance with the respective Contract Documents of Project Schedule. The Construction Manager shall not have control over or charge of the acts or omissions of the Contractors, Subcontractors, or their agents or employees, or any other persons performing portions of the Work not directly employed by the Construction Manager. The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractors and make recommendations to the Architect when Work is ready for final inspection. Notwithstanding the preparation a Certificate of Substantial Completion of the Work and a recommendation to the Architect that the work is ready for final inspection, the Construction Manager shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor’s responsibility under the Contract for Construction. The Construction Manager shall not be responsible for a Contractor’s failure to carry out the Work in accordance with the respective Contract Documents or Project Schedule. The Construction Manager shall not have control over or charge of acts or omissions of the Contractors, Subcontractors, or their agents or employees, or any other persons performing portions of the Work not directly employed by the Construction Manager. The Construction Manager shall secure and transmit to the Architect warranties and similar submittals required by the Contract Documents for delivery to the Owner and deliver all keys, manuals, record drawings and maintenance stocks to the Owner. Instructions The Construction Manager shall forward to the Architect a final Project Application for Payment upon compliance with the requirements of the Contract Documents. Notwithstanding the preparation of a final Project Application for Payment, the Construction Manager shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor’s responsibility under the Contract for Construction. The Construction Manager shall not be responsible for a Contractor’s failure to carry out the Work in accordance with the respective Contract Documents or Project Schedule. The Construction Manager shall not have control over or change of acts or omissions of the Contractors, Subcontractors, or their agents or employees, or any other persons performing portions of the Work not directly employed by the Construction Manager. Any final payment to the Contractor shall be forwarded through made at the Project Architect. The Project Architect shall have authority to act on behalf sole discretion of the Owner to the extent provided in the Contract DocumentsOwner. Duties. The , responsibilities and limitations of authority of the Project Architect Construction Manager as set forth in the Contract Documents shall not supersede this Agreement and shall not be restricted, modified or extended without written acceptance consent of the Owner, Construction Manager, Architect and Contractors.

Construction Phase - Administration of the Construction Contract. The Construction Phase shall will commence with the award of the Contract for Construction and issuance shall continue through Certification of (i) a Notice to Commence On-Site Final Completion. In addition, the Design Professional Project Representative shall conduct an inspection of the Work or (ii) a Notice to Proceed with Construction Services and terminate sixty (60) days after Final Payment to the Contractor is made, or when all Owner eleven months following Substantial Completion for the purpose of generating list of items needing correction by the Contractor. The Design Professional Project Architect’s services have been satisfactorily performed, whichever occurs later. Project Architect shall Representative will provide administration of the Contract for Construction as set forth below and described in the edition Construction Documents, and will be a representative of the Owner’s Design Guidelines current as : During construction; Until final payment is due; and, From time to time during the one-year period for correction of Work described in Article 12 of the date General Conditions of this Agreementthe Contract for Construction. The Design Professional Project Architect shall coordinate with the Contractor to establish and maintain a numbering and tracking system for all Project records, including changes, requests for information, submittals, and supplementary instructions and shall provide updated records at each Owner’s monthly meeting and when requested. The Project Architect shall manage and execute all Change Orders. The Project Architect shall chair all meetings scheduled by the Owner or Project Architect and shall promptly provide summary notes to all parties. The Project Architect shall attend Contractor’s regularly scheduled planning meetings when requested. The Project Architect shall review the Contractor’s list of proposed subcontractors for the work, initial administrative submittals for Project Schedule, Schedule of Values, Submittal Schedule, and Equipment Matrix to establish appropriate bases for construction monitoring, payment processing, and system commissioning. The Project Architect shall identify necessary revisions to the documents in writing to the Contractor and recommend acceptance of the documents by the Owner when appropriate. The Project Architect shall review periodic updates of all schedules with Owner and Contractor to evaluate appropriateness. The Project Architect and its consultants shall prepare appropriate materials for and conduct a Pre-Construction Conference at the site prior to commencement of construction by the Contractor. The Project Architect Representative shall be a representative of the Owner during the Construction Phase and shall advise and consult with the Owner. Instructions to the Contractor shall be forwarded only through the Design Professional Project ArchitectRepresentative. The Design Professional Project Architect Representative shall have authority to act on behalf of the Owner only to the extent provided in the Construction Documents and any amendments thereto, unless otherwise modified in writing in accordance with other provisions of this Agreement. The Design Professional is responsible for ensuring resolution by the appropriate parties, whether his consultant or the Contractor, of deficiencies identified and recorded in the PACs’ Design Issues Log and Installation Issues Log. The PSFA’s use of a PAC on any project does not relieve the Design Professional of responsibility for the design, engineering coordination and management of the construction project including site visits and observation reports associated with the Design Professional Contract. The Design Professional Project Representative shall, consistent with the General Conditions of the Contract for Construction, has authority to reject work that does not conform to the Construction Documents. DutiesWhere rejected Work is not promptly corrected, the Design Professional Project Representative may, if appropriate, recommend to the Owner that the Work shall stop. The responsibilities and limitations of authority Whenever, in the Design Professional Project Representative's professional opinion, it is necessary or advisable for the implementation of the intent of the Construction Documents, the Design Professional Project Architect shall not be restrictedRepresentative, modified or extended without written acceptance with prior approval of the Owner, will have authority to require special inspection or testing of the Work in accordance with the provisions of the Construction Documents, whether or not such Work be then fabricated, installed, or completed. The Design Professional Project Representative shall render written decisions, in accordance with the General Conditions of the Contract for Construction, on all claims, disputes, and other matters in question between the Owner and the Contractor relating to the execution or progress of the Work or the interpretation of the Construction Documents in accordance with the General Conditions of the Contract for Construction. The Design Professional Project Representative's decisions on matters relating to aesthetic effect will, with the Owner's consent, be final. Interpretations and decisions of the Design Professional Project Representative shall be consistent with the requirements and intent of the Construction Documents and shall be in written or graphic form. The Design Professional Project Representative shall review and verify the accuracy of Contractor provided Punch Lists or other such information or representation required by the General Conditions of the Contract for Construction or otherwise required for the successful completion of the Project. Communication required within this Paragraph 2.7, and to fulfill the Design Professional’s administrative responsibilities within the General Conditions of the Contract for Construction, shall utilize the PSFA CIMS to the greatest extent possible in accordance with Paragraph 11.21 and 11.22.