Common use of CONSTRUCTION MANAGER’S RESPONSIBILITIES Clause in Contracts

CONSTRUCTION MANAGER’S RESPONSIBILITIES. § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances. The Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B132™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Construction Manager shall not be responsible for actions taken by the Architect. § 2.4 The Construction Manager shall coordinate its services with those services provided by the Owner, the Architect, the Contractors, and the Owner’s other consultants and Separate Contractors. The Construction Manager shall be entitled to rely on, and shall not be responsible for, the accuracy and completeness of services and information furnished by the Owner, the Architect, and the Owner’s other consultants and Separate Contractors. The Construction Manager shall provide prompt written notice to the Owner if the Construction Manager becomes aware of any error, omission, or inconsistency in such services or information. § 2.5 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.6 The Construction Manager, as soon as practicable after execution of the Agreement, shall notify the Owner in writing of the names and qualifications of its proposed key staff members. Within 14 days of receipt of the names and qualifications of the Construction Manager’s proposed key staff members, the Owner may reply to the Construction Manager in writing, stating (1) whether the Owner has reasonable objection to a proposed key staff member or (2) that the Owner requires additional time to review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. The Construction Manager shall not staff any employees on the Project to whom the Owner has made reasonable and timely objection. The Construction Manager shall not change its key staff members without the Owner’s consent, which shall not be unreasonably withheld or delayed. § 2.7 Except with the Owner’s knowledge and consent, the Construction Manager shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Construction Manager’s judgment with respect to this Project. § 2.8 The Construction Manager shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Construction Manager normally maintains, the Owner shall pay the Construction Manager as set forth in section 11.7. § 2.8.1 Commercial General Liability with policy limits of not less than the amounts set forth in the Village of Mukwonago insurance requirements « » ($ « » ) for each occurrence and « » ($ « » ) in the aggregate for bodily injury and property damage. The Owner shall be listed as an additional insured on said policy on a primary and noncontributory basis. § 2.8.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Construction Manager with policy limits of not less than the amounts set forth in the Village of Mukwonago insurance requirements « » ($ « » ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.8.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.8.1 and 2.8.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.

CONSTRUCTION MANAGER’S RESPONSIBILITIES. § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its the services consistent with the skill and care ordinarily provided by construction managers practicing described in the same or similar locality under the same or similar circumstancesthis Article. The Construction Manager shall perform its services as expeditiously as is consistent with such skill Manager’s Preconstruction Phase responsibilities are set forth in Sections 2.1 and care and the orderly progress of the Project. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B132™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition2.2. The Construction Manager shall not be responsible for actions taken by the Architect. § 2.4 Manager’s Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction Manager shall coordinate its services may agree, in consultation with those services provided by the Owner, the Architect, the Contractors, and the Owner’s other consultants and Separate Contractors. The Construction Manager shall be entitled to rely on, and shall not be responsible for, the accuracy and completeness of services and information furnished by the Owner, the Architect, and the Owner’s other consultants and Separate Contractors. The Construction Manager shall provide prompt written notice to the Owner if for the Construction Manager becomes aware Phase to commence prior to completion of any errorthe Preconstruction Phase, omissionin which case, or inconsistency in such services or information. § 2.5 both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.6 . This Agreement is intended to operate on a strict, written notice-to-proceed basis. The Construction Manager, as soon as practicable after execution of Owner shall have the Agreement, shall notify the Owner in writing of the names and qualifications of its proposed key staff members. Within 14 days of receipt of the names and qualifications of right to direct the Construction ManagerManager to proceed onto the Preconstruction Phase and/or the Construction Phase. At any time during the Pre-Bond Vote Phase or the Preconstruction Phase or at either’s proposed key staff membersend, the Owner may reply shall have the right to terminate the Agreement effective immediately without owing to the Construction Manager or any other person or entity any further contractual obligation, responsibility, liability, payment, fee, cost, expense, profit, overhead, damage, loss or any other like item and, in writingsuch instance, stating (1) whether the Owner has reasonable objection shall not be obligated to issue a proposed key staff member Notice to Proceed for the Construction Phase or (2) that the Owner requires additional time to review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objectionbe further obligated in any other way by these Contract Documents. The Construction Manager shall not staff commence work, perform services or incur any employees on expense for either the Project to whom Preconstruction Phase or the Construction Phase unless and until the Owner has made reasonable and timely objectionissued a written Notice to Proceed for said phase. The Construction Manager shall not change its key staff members without To the Owner’s consent, which shall not be unreasonably withheld or delayed. § 2.7 Except with the Owner’s knowledge and consent, extent the Construction Manager shall not engage properly performed services during the Preconstruction Phase and/or properly incurred reasonable and necessary expenses directly pursuant to an Owner issued Notice to Proceed and pursuant to and as allowed by the terms of this Agreement, then, in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Construction Manager’s judgment with respect to this Project. § 2.8 The Construction Manager shall maintain the following insurance until event of a termination of this Agreement. If any Agreement either during or at the end of the requirements set forth below are in addition to the types and limits the Construction Manager normally maintainsPreconstruction Phase, the Owner shall pay compensate the Construction Manager as set forth in section 11.7. § 2.8.1 Commercial General Liability with policy limits pursuant and subject to the terms and conditions of not less than the amounts set forth in the Village of Mukwonago insurance requirements « » ($ « » ) this Agreement for each occurrence services performed properly and « » ($ « » ) in the aggregate for bodily injury any proper, reasonable and property damage. The Owner shall be listed as an additional insured on said policy on a primary and noncontributory basis. § 2.8.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, necessary reimbursable expense incurred by the Construction Manager with policy limits to the date of such termination, provided, however, that the compensation for such services shall not less than exceed the amounts compensation set forth in the Village of Mukwonago insurance requirements « » ($ « » ) per accident for bodily injurySection 4.1.1 herein and shall be based on actual, death of any personreasonable, and verifiable data provided to the Owner by the Construction Manager requesting payment of same. It is acknowledged and agreed to by the Construction Manager that all documents, drawings, cedr an ater co f Exhibit A – A201-2007 ogra m, schedule and specifications, reports, maps, submissions and data bases and any other work product produ Manager for this Project shall be delivered to the Owner in a format acceptable to the Owne property damage arising out of the ownership, maintenance Owner for its use as it deems appropriate upon payment. This provision is m between the Owner and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.8.3 The the Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess shall be, in all respects, superior to any term or umbrella liability insuranceprovision in this Agreement, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.8.1 and 2.8.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurersother Contract Documents and Section 1.2.7 o as defined herein.

CONSTRUCTION MANAGER’S RESPONSIBILITIES. § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances. The Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. § 2.2.1 The Construction Manager accepts the relationship of trust and confidence established with the Owner by this Agreement, and covenants with the Owner to furnish the Construction Manager’s reasonable skill and judgment and to cooperate with the Architect in furthering the interests of the Owner. The Construction Manager shall furnish construction administration and management services and use the Construction Manager’s best efforts to have the Project completed in an expeditious and economical manner consistent with the interests of the Owner. The parties shall endeavor to promote harmony and cooperation among the Owner, Architect, Construction Manager and other persons or entities employed by the Owner for the Project. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B132™–2019–2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Construction Manager shall not be responsible for actions taken by the Architect. § 2.4 The Construction Manager shall coordinate its services with those services provided by the Owner, the Architect, the Contractors, and the Owner’s other consultants and Separate Contractors. The Construction Manager shall be entitled to rely on, and shall not be responsible for, the accuracy and completeness of services and information furnished by the Owner, the Architect, and the Owner’s other consultants and Separate Contractors. The Construction Manager shall provide prompt written notice to the Owner if the Construction Manager becomes aware of any error, omission, or inconsistency in such services or information. § 2.5 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.6 The Construction Manager, as soon as practicable after execution of the Agreement, shall notify the Owner in writing of the names and qualifications of its proposed key staff members. Within 14 days of receipt of the names and qualifications of the Construction Manager’s proposed key staff members, the Owner may reply to the Construction Manager in writing, stating (1) whether the Owner has reasonable objection to a proposed key staff member or (2) that the Owner requires additional time to review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. The Construction Manager shall not staff any employees on the Project to whom the Owner has made reasonable and timely objection. The Construction Manager shall not change its key staff members without the Owner’s consent, which shall not be unreasonably withheld or delayed. § 2.7 2.5 Except with the Owner’s knowledge and consent, the Construction Manager shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Construction Manager’s judgment with respect to this Project. § 2.8 2.6 The Construction Manager shall maintain the following insurance until termination for the duration of this Agreement. If any of the requirements set forth below are in addition to exceed the types and limits the Construction Manager normally maintains, the Owner shall pay reimburse the Construction Manager as set forth in section 11.7for any additional cost. § 2.8.1 Commercial 2.6.1 Comprehensive General Liability with policy limits of not less than the amounts set forth in the Village of Mukwonago insurance requirements « » ($ « » ) for $1,000,000 each occurrence occurrence; $2,000,000 general aggregate; $2,000,000 products completed operations aggregate; $1,000,000 personal and « » ($ « » ) in the aggregate for bodily advertising injury and property damage. The Owner shall be listed as an additional insured on said policy on a primary and noncontributory basisliability. § 2.8.2 2.6.2 Automobile Liability covering owned and rented vehicles owned, and non-owned vehicles used, operated by the Construction Manager with policy limits of not less than the amounts set forth in the Village of Mukwonago insurance requirements « » ($ « » ) per accident $1,000,000 combined single limit and aggregate for bodily injury, death of any person, injury and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coveragedamage. § 2.8.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and 2.6.3 Umbrella or excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.8.1 and 2.8.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage with policy limits not less than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers$5,000,000 each occurrence; $5,000,000 general aggregate.

CONSTRUCTION MANAGER’S RESPONSIBILITIES. § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.1.1 The Construction Manager understands and recognizes that the responsibilities set forth in this Agreement include the responsibilities set forth in the RFP and the Construction Manager’s Proposal, which are incorporated herein by reference. Where there are differences between the descriptions or delineation of services or responsibilities set forth herein and those set forth in the RFP or Proposal, the Construction Manager shall provide or abide by the better quality of, or the greater quantity of, services and responsibilities for the benefit of the Owner. § 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances. The Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and care, the orderly progress of the Project, and the interests of the Owner, as made known to the Construction Manager. The Construction Manager shall visit the construction site(s) and familiarize itself with the requirements of the Project. The Construction Manager shall provide professional construction management services on the Project. The Construction Manager represents that it is knowledgeable in public school construction and shall furnish the Construction Manager’s reasonable skill and judgment and agrees to cooperate with the Architect in furthering the interests of the Owner. § 2.2.1 The Construction Manager shall provide professional construction management services on this Project. Such services include substantial discretion and authority to plan, schedule, approve, coordinate, manage and direct the Project within the parameters of the Contract Documents. The Construction Manager acknowledges that the Owner is relying on the Construction Manager’s skill and care in connection with its services on the Project. Services provided by the Construction Manager and its consultants will be performed in accordance with applicable federal, state and local laws, codes, rules, regulations and ordinances as they pertain to construction management. The Construction Manager is responsible for the services provided under this Agreement whether provided directly by the Construction Manager or by consultants, if any, retained by the Construction Manager. § 2.2.1.1 The Construction Manager represents that it is knowledgeable in school construction and shall exercise reasonable care and skill to comply with and see that all Contractors (and subcontractors) comply with applicable federal and state laws, as well as any applicable codes, rules, regulations and specifications adopted by the New York State Education Department (“SED”) and/or any other agency with authority over construction or renovation of school facilities. § 2.2.1.2 The services of the Construction Manager are not intended to replace or duplicate those of the Architect, Contractors and testing and inspection agencies engaged by or through the Owner, and at all times, require cooperation among all parties, including the Construction Manager. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B132™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Construction Manager shall not be responsible for actions taken by the Architect. § 2.3.1 The Construction Manager shall supply and commit sufficient personnel (both management and otherwise) to the Project to monitor the Work, record the conditions(s) of the Project and the progress of the Work, and to otherwise perform its obligations under this Agreement. § 2.3.2 The Construction Manager shall have adequate clerical staff skilled in the construction field to maintain the Project Documents in an orderly manner and to provide timely and accurate correspondence, written meeting minutes, inspection records, daily logs, as well as organized photographic documentation of the progress of the Work. § 2.4 The Construction Manager shall coordinate its services with those services provided by the Owner, the Architect, the Contractors, and the Owner’s other consultants and Separate Contractors. The Construction Manager shall be entitled to rely on, and shall not be responsible for, the accuracy and completeness of services and information furnished by the Owner, the Architect, and the Owner’s other consultants and Separate ContractorsContractors unless the Construction Manager knew or reasonably should have known from a review of the services, information or reports that they were inaccurate or incomplete in a material way. The Construction Manager shall provide prompt written notice to the Owner if the Construction Manager becomes aware of any error, omission, or inconsistency in such services or information. § 2.5 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. As part of its Basic Services, the Construction Manager’s designated representative or Project team members shall attend meetings with the Owner’s designated representative, Board of Education, the Architect, the Contractors, SED, and any other meetings reasonably requested by the Owner relating to the Project. § 2.6 The Construction Manager, as soon as practicable after execution of the Agreement, shall notify the Owner in writing of the names and qualifications of its proposed key staff members. Within 14 days of receipt of the names and qualifications of the Construction Manager’s proposed key staff members, the Owner may reply to the Construction Manager in writing, stating (1) whether the Owner has reasonable objection to a proposed key staff member or (2) that the Owner requires additional time to review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. The Construction Manager shall not staff any employees on the Project to whom the Owner has made reasonable and timely objection. The Construction Manager shall not change its key staff members without the Owner’s consent, which shall not be unreasonably withheld or delayed. § 2.7 Except with the Owner’s knowledge and prior written consent, the Construction Manager shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Construction Manager’s judgment with respect to this Project. § 2.8 The Construction Manager shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the The Construction Manager normally maintains, acknowledges that the Owner failure to obtain and maintain such insurance constitutes a material breach of this Agreement. All insurance companies shall pay the Construction Manager as set forth have an “A-“ or better rating by AM Best with a Financial Standing of “VIII” or better. All insurance companies shall be admitted and licensed to conduct business in section 11.7New York State. A New York licensed and admitted insurer is required. § 2.8.1 Commercial General Liability with policy limits of not less than the amounts set forth in the Village of Mukwonago insurance requirements « » ($ « » ) $1,000,000 for each occurrence and « » ($ « » ) $2,000,000 in the aggregate on a per project basis for bodily injury and property damage; $2,000,000 Products and Completed Operations; $1,000,000 Personal and Advertising Injury; $100,000 Fire Damage; and $10,000 Medical Expense. The Owner Comprehensive General Liability insurance policy shall be listed as an additional insured on said policy on a primary include: Premises Operations without exclusion of X, C and noncontributory basis.U coverage; Products and Completed Operation; Personal Injury Liability including advertising liability; Contractual; Broad Form Property Damage including Completed Operations. Products and Completed Operations coverage must be § 2.8.2 Automobile Liability covering vehicles owned, hired, borrowed and non-owned vehicles used, operated by the Construction Manager with policy limits of not less than the amounts set forth in the Village of Mukwonago insurance requirements « » $1,000,000 combined single limit ($ « » each accident) per accident and aggregate for bodily injury, death of any person, injury and property damage arising out damage. Waiver of subrogation in favor of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverageOwner shall be added or endorsed to such policy. § 2.8.3 The Construction Manager may achieve shall provide umbrella or excess liability insurance on a follow form basis over the required limits and coverage for Commercial General Liability, Automobile Liability and Automobile Professional Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result with limits not less than $5,000,000 each occurrence and $5,000,000 in the same or greater coverage as the coverages required under Sections 2.8.1 and 2.8.2, and aggregate. Waiver of subrogation in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion favor of the underlying limits only through the actual payment by the underlying insurersOwner shall be added or endorsed to such policy.