Common use of Construction Administration Services Clause in Contracts

Construction Administration Services. Task 4 (1) The Engineer shall provide administration of the construction contract during construction and until final payment is made to the Construction Contractor. The Engineer will have the authority to act on behalf of the City only to the extent provided in this Contract, unless otherwise modified by written instrument. (2) Meet with the City or its representatives at any time requested for consultation or conference as directed in writing by the Program Manager. (3) Assist in coordination of pre-work conferences for the Construction Contractor, the City and all other interested parties. The City will issue all work orders for the Project. (4) Establish permanent horizontal and vertical alignment control points throughout the entire Project limits from which the Construction Contractor shall set its control for construction. Provide a permanent benchmark within two hundred (200) feet of the beginning and ending of the proposed construction. All surveys and control points shall be tied to the City’s GIS control network and datum. Construction staking is to be performed by the Construction Contractor. The Engineer will periodically review the Construction Contractor’s construction staking survey field notes and the actual staking to verify line and grade is in accordance with the bidding documents. (5) Provide interpretation of the plans and specifications in accordance with the intent of the bidding documents. Such interpretations shall be made upon request of the City and its representatives or the Construction Contractor, to safeguard the City against defects and deficiencies in the construction. When making such interpretations and decisions, the Engineer will endeavor to secure faithful performance by the Construction Contractor. The Engineer does not guarantee the performance of the contract by the Construction Contractor, nor is it responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, and it shall not be responsible for a Construction Contractor’s failure to carry out the work in accordance with the bidding documents. (6) Perform coordination of the work of inspection bureaus and laboratories selected by the City for the inspection and testing of construction materials. Receive reports and recommend approval or rejection of the materials based upon reports made by such laboratories or bureaus. The costs of all such tests and inspection by laboratories or bureaus will be paid by the City. (7) Review and recommend approval of testing laboratory claim vouchers. (8) The Engineer shall visit the site at intervals appropriate to the stage of construction to become familiar with the progress and quality of the work. The Engineer will further determine, in general, if the work is being performed in a manner indicating that the work, when completed, shall be in accordance with the bidding documents. However, the Engineer is not required to make exhaustive or continuous on-site inspections to check quality or quantity of the work. The Engineer will keep the City informed of progress of the work, and will endeavor to guard the City against defects and deficiencies of the work. (9) Review all necessary information for monthly estimates (within seven (7) calendar days of receipt from the contractor) of the quantity of work performed, and review the claim vouchers for payments to be made to the Construction Contractor during the progress of the work and upon completion of any and all work and report the same to the City. (10) Review the Construction Contractor’s final request for payment (within fourteen (14) calendar days of receipt from the contractor) and certify that, to the best of its knowledge and industry standards, the completed work conforms to plans and specifications. (11) Prepare and keep a record of the work performed by any contractor on this Project and file with the City a monthly progress report covering the work performed by the contractor(s). The progress report shall be attached to the Construction Contractor’s claim for partial or monthly payment. (12) Except as otherwise provided in this contract, communications with the Engineer’s consultants will be through the Engineer. Communications with the Construction Contractor’s subcontractors and material suppliers will be through the Construction Contractor. Communications with other City contractors will be through the City. The Engineer shall be available at all times for the purpose of communication. (13) The Engineer shall recommend to the Program Manager and City Engineer rejection of work that does not conform to the bidding documents. At any time during construction, the Engineer may be given the authority to require additional inspection or testing of the work by the City Engineer. (14) The Engineer shall review for conformance with bidding documents, and approve or take other appropriate action upon the Construction Contractor’s submittals, such as shop drawings, product data and samples. The Engineer’s review of submittals will be promptly completed, but no longer than fourteen (14) calendar days from receipt of submittals. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Construction Contractor as required by the bidding documents. The Engineer’s review of the Construction Contractor’s submittals will not relieve the Construction Contractor of its contractual obligation to the City as required by the bidding documents. The Engineer’s review of the Construction Contractor’s submittals will not constitute approval of safety precautions or of any construction means, methods, techniques, sequences or procedures. The Engineer’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. (15) The Engineer shall reply to the Construction Contractor’s requests for information, prepare clarification drawings, prepare change orders, field orders, amendments, field changes and construction change directives. The Engineer may recommend minor changes in the work, not inconsistent with the intent of the bidding documents. Such recommended changes shall be made by written order approved by the City Engineer and shall be binding upon the Construction Contractor. (16) The Engineer shall conduct observations and inspections as required to determine the quality of work to be accepted and the date or dates of final completion and acceptance. The Engineer shall receive and forward to the City all written warranties and any related documents required by the bidding documents and assembled by the Construction Contractor. The Engineer will recommend approval of the Construction Contractor’s final certificate of payment upon completion of the work and compliance with the requirements of the bidding documents. (17) The Engineer will review daily reports furnished by the City’s inspector to evaluate and determine compliance with the bidding documents. Significant variations between reported conditions and the bidding documents shall be verified by the Engineer and resolved with the Construction Contractor and the City. The Engineer’s duty to review daily reports and initiate remedial action shall not extend to the Construction Contractor’s construction means, methods, techniques, sequencing or procedures or for safety precautions and programs in connection with the work. (18) The Engineer shall maintain a record (“log”) of all documents it receives, creates or transmits during the construction of the Project. The log shall include time requirements of responses if needed.

Construction Administration Services. Task 4 (1) The Engineer shall provide administration of the construction contract during construction and until final payment is made to the Construction Contractor. The Engineer will have the authority to act on behalf of the City only to the extent provided in this Contract, unless otherwise modified by written instrument. (2) Meet with the City or its representatives at any time requested for consultation or conference as directed in writing by the Program Manager. (3) Assist in coordination of pre-work conferences for the Construction Contractor, the City and all other interested parties. The City will issue all work orders for the Project. (4) Establish permanent horizontal and vertical alignment control points throughout the entire Project limits from which the Construction Contractor shall set its control for construction. Provide a permanent benchmark within two hundred (200) feet of the beginning and ending of the proposed construction. All surveys and control points shall be tied to the City’s GIS control network and datum. Construction staking is to be performed by the Construction Contractor. The Engineer will periodically review the Construction Contractor’s construction staking survey field notes and the actual staking to verify line and grade is in accordance with the bidding documents. (5) Provide interpretation of the plans and specifications in accordance with the intent of the bidding documents. Such interpretations shall be made upon request of the City and its representatives or the Construction Contractor, to safeguard the City against defects and deficiencies in the construction. When making such interpretations and decisions, the Engineer will endeavor to secure faithful performance by the Construction Contractor. The Engineer does not guarantee the performance of the contract by the Construction Contractor, nor is it responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, and it shall not be responsible for a Construction Contractor’s failure to carry out the work in accordance with the bidding documents. (6) Perform coordination of the work of inspection bureaus and laboratories selected and/or approved by the City for the inspection and testing of construction materials. Receive reports and recommend approval or rejection of the materials based upon reports made by such laboratories or bureaus. The costs of all such tests and inspection by laboratories or bureaus will be paid by the City. (7) Review and recommend approval of testing laboratory claim vouchers. (8) The Engineer shall visit the site at intervals appropriate to the stage of construction (limited to four site visits) to become familiar with the progress and quality of the work. The Engineer will further determine, in general, if the work is being performed in a manner indicating that the work, when completed, shall be in accordance with the bidding documents. However, the Engineer is not required to make exhaustive or continuous on-site inspections to check quality or quantity of the work. The Engineer will keep the City informed of progress of the work, and will endeavor to guard the City against defects and deficiencies of the work. (9) Review all necessary information for monthly estimates (within seven (7) calendar days of receipt from the contractor) of the quantity of work performed, and review the claim vouchers for payments to be made to the Construction Contractor during the progress of the work and upon completion of any and all work and report the same to the City. (10) Review the Construction Contractor’s final request for payment (within fourteen (14) calendar days of receipt from the contractor) and certify that, to the best of its knowledge and industry standards, the completed work conforms to plans and specifications. (11) Prepare and keep a record of the work performed by any contractor on this Project and file with the City a monthly progress report covering the work performed by the contractor(s). The progress report shall be attached to the Construction Contractor’s claim for partial or monthly payment. (12) Except as otherwise provided in this contract, communications with the Engineer’s consultants will be through the Engineer. Communications with the Construction Contractor’s subcontractors and material suppliers will be through the Construction Contractor. Communications with other City contractors will be through the City. The Engineer shall be available at all times for the purpose of communication. (13) The Engineer shall recommend to the Program Manager and City Engineer rejection of work that does not conform to the bidding documents. At any time during construction, the Engineer may be given the authority to require additional inspection or testing of the work by the City Engineer. (14) The Engineer shall review for conformance with bidding documents, and approve or take other appropriate action upon the Construction Contractor’s submittals, such as shop drawings, product data and samples. The Engineer’s review of submittals will be promptly completed, but no longer than fourteen (14) calendar days from receipt of submittals. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Construction Contractor as required by the bidding documents. The Engineer’s review of the Construction Contractor’s submittals will not relieve the Construction Contractor of its contractual obligation to the City as required by the bidding documents. The Engineer’s review of the Construction Contractor’s submittals will not constitute approval of safety precautions or of any construction means, methods, techniques, sequences or procedures. The Engineer’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. (15) The Engineer shall reply to the Construction Contractor’s requests for information, prepare clarification drawings, prepare change orders, field orders, amendments, field changes and construction change directives. The Engineer may recommend minor changes in the work, not inconsistent with the intent of the bidding documents. Such recommended changes shall be made by written order approved by the City Engineer and shall be binding upon the Construction Contractor. (16) The Engineer shall conduct observations and inspections as required to determine the quality of work to be accepted and the date or dates of final completion and acceptance. The Engineer shall receive and forward to the City all written warranties and any related documents required by the bidding documents and assembled by the Construction Contractor. The Engineer will recommend approval of the Construction Contractor’s final certificate of payment upon completion of the work and compliance with the requirements of the bidding documents. (17) The Engineer will review daily reports furnished by the City’s inspector to evaluate and determine compliance with the bidding documents. Significant variations between reported conditions and the bidding documents shall be verified by the Engineer and resolved with the Construction Contractor and the City. The Engineer’s duty to review daily reports and initiate remedial action shall not extend to the Construction Contractor’s construction means, methods, techniques, sequencing or procedures or for safety precautions and programs in connection with the work. (18) The Engineer shall maintain a record (“log”) of all documents it receives, creates or transmits during the construction of the Project. The log shall include time requirements of responses if needed.