Construction Phase. 2.9.1 The Professional's relationship to the General Contractor shall be set forth in the General Conditions or the Supplemental Conditions of the Agreement Between the Owner and the Contractor, or modified by this Agreement. The Professional is responsible for keeping the Owner completely apprized of the Project during the Construction Phase. 2.9.2 The Construction Phase begins with the award and the preparation of the Construction Contract(s). The Construction Phase is concerned with the professional services required to direct the two (2) components of construction - office and field. The Professional services performed for the office component include: .1 Complete administration of all Construction Contracts .2 Issuing Certificates for Payment .3 Examining and approving shop drawings and correcting shop drawings when necessary for conformance with the design intent .4 Making revisions, corrections, or clarifications in the Contract Documents by bulletins or Change Orders, together with all correspondence and clerical work in connection with bulletins and Change Orders .5 Providing sufficient on-site investigation to substantiate any of the above and accepting the completed Project, together with such Certificates, Manuals, and Guarantees as provided in the Contract Documents 2.9.3 The Professional shall collect, maintain and house copies of weekly payrolls from all Contractors and Subcontractors for compliance with the labor standard provisions of the Construction Contract when labor standard provisions are contained in the Contract. 2.9.4 The Professional services performed for the field component comprise on-site inspection by the Professional and/or Consultants to guard against nonconformity of the Work with the Contract Documents and to observe and report on compliance with agreed upon construction schedules. Notwithstanding the above, the Professional shall be responsible for insuring field inspections are made as needed and during the critical phases of construction by the Consultants and the Professional's firm. The Professional shall maintain a log of all visits to the site by the Consultants and the Professional's firm. The Professional shall not be responsible for construction means, methods, techniques, sequence of procedures, or the safety precautions and programs in connection with the work. The Professional may disapprove or reject work as failing to conform to the Contract Documents. 2.9.5 On-site inspections shall be done by a principal of the Professional's firm and/or of each Consultant firm, or a qualified employee of each firm as approved by the Owner. Once a month a written report, including a copy of the visit log described in Subparagraph 2.9.4, shall be submitted apprizing the Owner of the progress and condition of the Work. Any additional reports shall be collectively submitted by the Professional. 2.9.6 The Professional shall be the interpreter of the requirements of the Contract Documents and judge of the performance thereunder of the Contractor. The Professional shall render written interpretations necessary for the proper execution of the Work with reasonable promptness upon written request of either the Owner or the Contractor. 2.9.7 The Professional shall not issue any verbal or written orders for omissions from, additions to, or changes in the Construction Contract until approved in writing by the Owner, or as modified by this Agreement. 2.9.8 The Professional shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents and shall have authority to order minor changes in the work which do not involve an adjustment in the Contract Sum or an extension of the Contract Time and which is not inconsistent with the intent of the Contract Documents. 2.9.9 The Professional shall determine the amounts owed to the Contractor based on inspections at the site and evaluations of the Contractor's applications for payment and will recommend, for the Owner's approval, the issuance of certificates for payment in such amounts as provided in the Contract Documents. 2.9.10 The approval of a Certificate for Payment shall constitute a representation by the Professional to the Owner, based on the inspections at the site and on the data comprising the Contractor's application for payment that the work has progressed to the point indicated; that, to the best of the Professional's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents; and, that the Contractor is entitled to payment in the amount certified. The issuance of a certificate for payment will not be a representation that the Professional has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the Contract Sum, other than to secure certification under oath that all Materialmen, Laborers, and Subcontractors have been paid by the Contractor. 2.9.11 When the Professional is notified by the Contractor that the Work has been completed and the Project is ready for inspection, the Professional and Consultants shall conduct a semi-final inspection. The Professional and Consultants shall prepare lists of items needing correction. When these items have been corrected by the Contractor, the Professional and all Consultants shall, with a Representative of the Owner present, make the final inspection and shall certify to the best of their knowledge to the Owner completion of the Project in compliance with the Contract Documents. It is the responsibility of the Professional to have representative(s) of Consultants present for the semi-final and final inspection(s). 2.9.12 Upon completion of the Project, the Professional shall furnish corrected documents to conform to the Project as finally constructed and shall deliver to the Owner two (2) sets of record documents. Record documents shall reflect all changes caused by addenda, field changes, change orders, and observed changes by the Professional, Contractor, or Subcontractors. When required in Subparagraph 2.1.1, the record documents shall be on permanent erasable transparencies suitable for reproduction. The actual cost of printing the permanent reproducible transparencies shall be paid by the Owner, with cost approval by the Owner before printing is ordered. In addition, the Professional shall deliver to the Owner the Manufacturer's data for the roof materials used, the Manufacturer's Guarantee, and the Roofing Contractor's Guarantee. The Professional shall, unless waived by the Owner, also submit one electronic format copy of the updated As-Built documents in .pdf format in coordination with the project Close-Out Documents. The actual cost of the electronic submittal shall be paid by the Owner, with cost approval by the Owner before printing is ordered in accordance with 3.4. 2.9.13 During the Warranty period of the Construction Contract(s), the Professional shall work with a Representative of the Owner in securing remedy of defects that become apparent. The Professional shall make, with a Representative of the Owner present, a Warranty inspection of the Project prior to the expiration of the Warranty period and report observed discrepancies to the Contractor for correction. 2.9.14 The Construction Phase shall terminate upon expiration of the Warranty period or settlement of all Warranty claims, whichever occurs last.
Appears in 19 contracts
Sources: Professional Services, Professional Services, Professional Services
Construction Phase. 2.9.1 2.6.1 The Professional's relationship to the General Contractor shall be set forth in the General Conditions or the Supplemental Conditions of the Agreement Between the Owner and the Contractor, or modified by this Agreement. The Professional is responsible for keeping the Owner completely apprized apprised of the Project during the Construction Phase.
2.9.2 2.6.2 The Construction Phase begins with the award and the preparation of the Construction Contract(s). The Construction Phase is concerned with the professional services required to direct the two (2) components of construction - office and field. The Professional services performed for the office component include:
.1 Complete administration of all Construction Contracts .2 Issuing Certificates for Payment .3 Examining and approving shop drawings and correcting shop drawings when necessary for conformance with the design intent .4 Making revisions, corrections, or clarifications in the Contract Documents by bulletins or Change Orders, together with all correspondence and clerical work in connection with bulletins and Change Orders .5 Providing sufficient on-site investigation to substantiate any of the above and accepting the completed Project, together with such Certificates, Manuals, and Guarantees as provided in the Contract Documents
2.9.3 2.6.3 The Professional shall collect, maintain and house copies of weekly payrolls from all Contractors and Subcontractors for compliance with the labor standard provisions of the Construction Contract when labor standard provisions are contained in the Contract.
2.9.4 2.6.4 The Professional services performed for the field component comprise on-site inspection by the Professional and/or Consultants to guard against nonconformity of the Work with the Contract Documents and to observe and report on compliance with agreed upon construction schedules. Notwithstanding the above, the Professional shall be responsible for insuring field inspections are made as needed and during the critical phases of construction by the Consultants and the Professional's firm. The Professional shall maintain a log of all visits to the site by the Consultants and the Professional's firm. The Professional shall not be responsible for construction means, methods, techniques, sequence of procedures, or the safety precautions and programs in connection with the work. The Professional may disapprove or reject work as failing to conform to the Contract Documents.
2.9.5 2.6.5 On-site inspections shall be done by a principal of the Professional's firm and/or of each Consultant firm, or a qualified employee of each firm as approved by the Owner. Once a month a written report, including a copy of the visit log described in Subparagraph 2.9.42.6.4, shall be submitted apprizing apprising the Owner of the progress and condition of the Work. Any additional reports shall be collectively submitted by the Professional.
2.9.6 2.6.6 The Professional shall be the interpreter of the requirements of the Contract Documents and judge of the performance thereunder of the Contractor. The Professional shall render written interpretations necessary for the proper execution of the Work with reasonable promptness upon written request of either the Owner or the Contractor.
2.9.7 2.6.7 The Professional shall not issue any verbal or written orders for omissions from, additions to, or changes in the Construction Contract until approved in writing by the Owner, or as modified by this Agreement.
2.9.8 2.6.8 The Professional shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents and shall have authority to order minor changes in the work Work which do does not involve an adjustment in the Contract Sum or an extension of the Contract Time and which is not inconsistent with the intent of the Contract Documents.
2.9.9 2.6.9 The Professional shall determine the amounts owed to the Contractor based on inspections at the site and evaluations of the Contractor's applications for payment and will recommend, for the Owner's approval, the issuance of certificates for payment in such amounts as provided in the Contract Documents.
2.9.10 2.6.10 The approval of a Certificate for Payment shall constitute a representation by the Professional to the Owner, based on the inspections at the site and on the data comprising the Contractor's application for payment that the work Work has progressed to the point indicated; that, to the best of the Professional's knowledge, information and belief, the quality of the work Work is in accordance with the Contract Documents; and, that the Contractor is entitled to payment in the amount certified. The issuance of a certificate for payment will not be a representation that the Professional has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the Contract Sum, other than to secure certification under oath that all Materialmen, Laborers, and Subcontractors have been paid by the Contractor.
2.9.11 2.6.11 When the Professional is notified by the Contractor that the Work has been completed and the Project is ready for inspection, the Professional and Consultants shall conduct a semi-final inspection. The Professional and Consultants shall prepare lists of items needing correction. When these items have been corrected by the Contractor, the Professional and all Consultants shall, with a Representative of the Owner present, make the final inspection and shall certify to the best of their knowledge to the Owner completion of the Project in compliance with the Contract Documents. It is the responsibility of the Professional to have representative(s) of Consultants present for the semi-final and final inspection(s).
2.9.12 2.6.12 Upon completion of the Project, the Professional shall furnish corrected documents to conform to the Project as finally constructed and shall deliver to the Owner two (2) sets of record documents. Record documents shall reflect all changes caused by addendaAddenda, field changes, change ordersChange Orders, and observed changes by the Professional, Contractor, or Subcontractors. When required in Subparagraph 2.1.1by the Owner, the record documents shall be on permanent erasable transparencies suitable for reproduction. The actual cost of printing the permanent reproducible transparencies these record documents shall be paid by the Owner, with cost approval by the Owner before printing is ordered. In additionUpon completion of the Project, the Professional shall deliver to the Owner the Manufacturer's update and forward project data for the roof materials used, the Manufacturer's Guarantee, and the Roofing Contractor's Guarantee. The Professional shall, unless waived by the Owner, also submit one electronic format copy of the updated As-Built documents required in .pdf format in coordination with the project Close-Out Documents. The actual cost of the electronic submittal shall be paid by the Owner, with cost approval by the Owner before printing is ordered in accordance with 3.4Subparagraph 2.5.
2.9.13 During the Warranty period of the Construction Contract(s), the Professional shall work with a Representative of the Owner in securing remedy of defects that become apparent. The Professional shall make, with a Representative of the Owner present, a Warranty inspection of the Project prior to the expiration of the Warranty period and report observed discrepancies to the Contractor for correction.
2.9.14 The Construction Phase shall terminate upon expiration of the Warranty period or settlement of all Warranty claims, whichever occurs last.
Appears in 16 contracts
Sources: Professional Services, Professional Services, Professional Services
Construction Phase. 2.9.1 The Professional's relationship to the General Contractor shall be set forth in the General Conditions or the Supplemental Conditions of the Agreement Between the Owner and the Contractor, or modified by this Agreement. The Professional is responsible for keeping the Owner completely apprized of the Project during the Construction Phase.
2.9.2 The Construction Phase begins with the award and the preparation of the Construction Contract(s). The Construction Phase is concerned with the professional services required to direct the two (2) components of construction - office and field. The Professional services performed for the office component include:
: .1 Complete administration of all Construction Contracts .2 Issuing Certificates for Payment .3 Examining and approving shop drawings and correcting shop drawings when necessary for conformance with the design intent .4 Making revisions, corrections, or clarifications in the Contract Documents by bulletins or Change Orders, together with all correspondence and clerical work in connection with bulletins and Change Orders .5 Providing sufficient on-site investigation to substantiate any of the above and accepting the completed Project, together with such Certificates, Manuals, and Guarantees as provided in the Contract Documents
2.9.3 The Professional shall collect, maintain and house copies of weekly payrolls from all Contractors and Subcontractors for compliance with the labor standard provisions of the Construction Contract when labor standard provisions are contained in the Contract.
2.9.4 The Professional services performed for the field component comprise on-site inspection by the Professional and/or Consultants to guard against nonconformity of the Work with the Contract Documents and to observe and report on compliance with agreed upon construction schedules. Notwithstanding the above, the Professional shall be responsible for insuring field inspections are made as needed and during the critical phases of construction by the Consultants and the Professional's firm. The Professional shall maintain a log of all visits to the site by the Consultants and the Professional's firm. The Professional shall not be responsible for construction means, methods, techniques, sequence of procedures, or the safety precautions and programs in connection with the work. The Professional may disapprove or reject work as failing to conform to the Contract Documents.
2.9.5 On-site inspections shall be done by a principal of the Professional's firm and/or of each Consultant firm, or a qualified employee of each firm as approved by the Owner. Once a month a written report, including a copy of the visit log described in Subparagraph 2.9.4, shall be submitted apprizing the Owner of the progress and condition of the Work. Any additional reports shall be collectively submitted by the Professional.
2.9.6 The Professional shall be the interpreter of the requirements of the Contract Documents and judge of the performance thereunder of the Contractor. The Professional shall render written interpretations necessary for the proper execution of the Work with reasonable promptness upon written request of either the Owner or the Contractor.
2.9.7 The Professional shall not issue any verbal or written orders for omissions from, additions to, or changes in the Construction Contract until approved in writing by the Owner, or as modified by this Agreement.
2.9.8 The Professional shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents and shall have authority to order minor changes in the work which do not involve an adjustment in the Contract Sum or an extension of the Contract Time and which is not inconsistent with the intent of the Contract Documents.
2.9.9 The Professional shall determine the amounts owed to the Contractor based on inspections at the site and evaluations of the Contractor's applications for payment and will recommend, for the Owner's approval, the issuance of certificates for payment in such amounts as provided in the Contract Documents.
2.9.10 The approval of a Certificate for Payment shall constitute a representation by the Professional to the Owner, based on the inspections at the site and on the data comprising the Contractor's application for payment that the work has progressed to the point indicated; that, to the best of the Professional's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents; and, that the Contractor is entitled to payment in the amount certified. The issuance of a certificate for payment will not be a representation that the Professional has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the Contract Sum, other than to secure certification under oath that all Materialmen, Laborers, and Subcontractors have been paid by the Contractor.
2.9.11 When the Professional is notified by the Contractor that the Work has been completed and the Project is ready for inspection, the Professional and Consultants shall conduct a semi-final inspection. The Professional and Consultants shall prepare lists of items needing correction. When these items have been corrected by the Contractor, the Professional and all Consultants shall, with a Representative of the Owner present, make the final inspection and shall certify to the best of their knowledge to the Owner completion of the Project in compliance with the Contract Documents. It is the responsibility of the Professional to have representative(s) of Consultants present for the semi-final and final inspection(s).
2.9.12 Upon completion of the Project, the Professional shall furnish corrected documents to conform to the Project as finally constructed and shall deliver to the Owner two (2) sets of record documents. Record documents shall reflect all changes caused by addenda, field changes, change orders, and observed changes by the Professional, Contractor, or Subcontractors. When required in Subparagraph 2.1.1, the record documents shall be on permanent erasable transparencies suitable for reproduction. The actual cost of printing the permanent reproducible transparencies shall be paid by the Owner, with cost approval by the Owner before printing is ordered. In addition, the Professional shall deliver to the Owner the Manufacturer's data for the roof materials used, the Manufacturer's Guarantee, and the Roofing Contractor's Guarantee. The Professional shall, unless waived by the Owner, also submit one electronic format copy of the updated As-Built documents in .pdf format in coordination with the project Close-Out Documents. The actual cost of the electronic submittal shall be paid by the Owner, with cost approval by the Owner before printing is ordered in accordance with 3.4.
2.9.13 During the Warranty period of the Construction Contract(s), the Professional shall work with a Representative of the Owner in securing remedy of defects that become apparent. The Professional shall make, with a Representative of the Owner present, a Warranty inspection of the Project prior to the expiration of the Warranty period and report observed discrepancies to the Contractor for correction.
2.9.14 The Construction Phase shall terminate upon expiration of the Warranty period or settlement of all Warranty claims, whichever occurs last.
Appears in 2 contracts
Sources: Professional Services, Professional Services
Construction Phase. 2.9.1 The Professional's relationship .1 Designer shall provide administration of the Construction Contract as described in the Contract Documents and will be an Owner’s representative during construction. Designer will have authority to act on behalf of Owner only to the General Contractor shall be set forth extent provided herein and in the General Conditions or the Supplemental Conditions of the Agreement Between the Owner and the Contractor, or modified by this Agreement. The Professional is responsible for keeping the Owner completely apprized of the Project during the Construction PhaseContract.
2.9.2 .2 The Construction Phase begins with the award and the preparation execution of the Construction Contract(s)Contract. The Construction Phase is concerned with comprised of the professional services required to direct perform Designer’s services related to the two (2) components of construction - office construction: "Office" and field. "Field”.
.3 The Professional professional services performed for in the office component include:
.1 Complete “Office Components” include the administration of all the Construction Contracts .2 Issuing Certificates Contract; the review of Contractor’s payment applications, certifications of the amounts due the Contractor; the review, approval, or the taking of other appropriate action upon the Contractor’s submittals, preparation of responses to contractor requests for Payment .3 Examining and approving shop drawings and correcting shop drawings when necessary for conformance with the design intent .4 Making information, revisions, corrections, corrections or clarifications in the Contract Documents by bulletins or Change Ordersthe appropriate Modification, review of proposed change orders, together with all necessary and proper correspondence and clerical work in connection with bulletins therewith. Designer, by the requirements of Section 1.1.7.6 below, shall prepare and Change Orders .5 Providing sufficient on-site investigation to substantiate any maintain documentation of the above above, Substantial and accepting Final Completion inspections, and the acceptance of the completed Project, together with such Certificatesall requirements of the Contract Documents for “close-out” and Record Documents (as defined in the Designers’ Manual). Contractor submittals shall be reviewed by Design Team members in the appropriate disciplines.
.4 The issuance of a Certificate for Payment for the Contractor will constitute a representation by Designer to Owner, Manualsbased on Designer’s evaluation of the Work and the data comprising the Contractor’s Application for Payment, that, to the best of Designer’s knowledge, information and Guarantees as provided belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.
2.9.3 .5 The Professional shall collectprofessional services performed in the “Field Component” include site visits, maintain progress meetings, and house copies of weekly payrolls from all Contractors and Subcontractors for compliance inspections by Designer with the labor standard provisions appropriate members of the Construction Contract when labor standard provisions are contained in Design Team to (1) become generally familiar with the Contract.
2.9.4 The Professional services performed for progress and quality of the field component comprise on-site inspection by the Professional and/or Consultants to guard against nonconformity portion of the Work completed, (2) endeavor to guard Owner against defects and deficiencies in the Work, and (3) determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents Documents.
.6 Site visits, progress meetings, and to observe and report on compliance with agreed upon construction schedules. Notwithstanding the above, the Professional inspections shall be responsible for insuring field inspections are made by appropriate representatives of the Design Team having authority and qualifications to make decisions appropriate to the status of construction. Designer with appropriate members of the Design Team shall make site visits as needed and during the critical phases of construction by (at a minimum of twice a month), as well as inspections for Substantial and Final Completion, and an inspection before the Consultants end of the one-year correction period. Designer shall observe and report on the Contractor’s compliance with the construction schedule and acknowledge the Contractor’s development of the Record Documents. For all site visits, progress meetings, and inspections, a written Project report shall be promptly submitted to Owner and the Professional's firm. The Professional shall maintain a log of all visits to Contractor.
.7 As further defined in the site by the Consultants and the Professional's firm. The Professional shall not be responsible for construction meansConstruction Contract, methods, techniques, sequence of procedures, or the safety precautions and programs in connection with the work. The Professional Designer may disapprove or reject work as failing to conform to the Contract Documents, and Designer shall not have control over, charge of, or the responsibility for the construction means, methods, techniques, sequence of procedures, supervision, or for the safety precautions and programs in connection with the Work.
2.9.5 On-site inspections .8 As further defined in the Construction Contract, Designer shall be done by a principal of (i) be, in the Professional's firm and/or of each Consultant firmfirst instance, or a qualified employee of each firm as approved by the Owner. Once a month a written report, including a copy of the visit log described in Subparagraph 2.9.4, shall be submitted apprizing the Owner of the progress and condition of the Work. Any additional reports shall be collectively submitted by the Professional.
2.9.6 The Professional shall be the interpreter of the requirements of the Contract Documents and the impartial judge of the performance thereunder by both Owner and Contractor; (ii) make decisions on all claims of Owner or Contractor relating to the Contractor. The Professional shall render written interpretations necessary for the proper execution and progress of the Work with reasonable promptness upon written request of either the Owner and on all other matters or the Contractor.
2.9.7 The Professional shall not issue any verbal or written orders for omissions from, additions to, or changes questions related thereto; and (iii) make recommendations in the Construction Contract until approved in writing by the Owner, or as modified by this Agreement.
2.9.8 The Professional shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents and shall have authority matters relating to order minor changes in the work which do not involve an adjustment in the Contract Sum or an extension of the Contract Time and which is not inconsistent artistic effect that are consistent with the intent of the Contract Documents, with Owner’s decision being final.
2.9.9 The Professional shall determine the amounts owed to .9 Upon request by the Contractor based on inspections at and submission of a list of incomplete items of work by the site and evaluations Contractor, Designer, with the appropriate members of the Contractor's applications for payment Design Team and will recommendwith a representative of Owner present, for the Owner's approval, the issuance of certificates for payment in such amounts as provided in the Contract Documents.
2.9.10 The approval of shall make a Certificate for Payment shall constitute a representation by the Professional to the Owner, based on the inspections at the site Substantial Completion inspection and on the data comprising augment the Contractor's application for payment that ’s list of items necessary to complete the work has progressed to the point indicated; that, to the best of the Professional's knowledge, information and belief, the quality of the work is Project in accordance with the Contract Documents; and. Prior to certifying Substantial Completion, that the Contractor is entitled to payment in the amount certified. The issuance of a certificate for payment will not be a representation that the Professional has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the Contract Sum, other than to secure certification under oath Designer shall verify that all Materialmen, Laborers, and Subcontractors have been paid items required by the Contractor.
2.9.11 Project Manual for Substantial Completion are complete. When the Professional Work is notified by the Contractor that the Work has been completed determined to be substantially complete, Designer will prepare and the Project is ready for inspection, the Professional and Consultants shall conduct issue a semi-final inspection. The Professional and Consultants shall prepare lists Certificate of items needing correction. When these items have been corrected by the Contractor, the Professional and all Consultants shall, with a Representative of the Owner present, make the final inspection and shall certify to the best of their knowledge to the Owner completion of the Project in compliance with the Contract Documents. It is the responsibility of the Professional to have representative(s) of Consultants present for the semi-final and final inspection(s)Substantial Completion.
2.9.12 Upon completion of the Project, the Professional shall furnish corrected documents to conform to the Project as finally constructed and shall deliver to the Owner two (2) sets of record documents. Record documents shall reflect all changes caused by addenda, field changes, change orders, and observed changes by the Professional, Contractor, or Subcontractors. When required in Subparagraph 2.1.1, the record documents shall be on permanent erasable transparencies suitable for reproduction. The actual cost of printing the permanent reproducible transparencies shall be paid by the Owner, with cost approval by the Owner before printing is ordered. In addition, the Professional shall deliver to the Owner the Manufacturer's data for the roof materials used, the Manufacturer's Guarantee, and the Roofing Contractor's Guarantee. The Professional shall, unless waived by the Owner, also submit one electronic format copy of the updated As-Built documents in .pdf format in coordination with the project Close-Out Documents. The actual cost of the electronic submittal shall be paid by the Owner, with cost approval by the Owner before printing is ordered in accordance with 3.4.
2.9.13 During the Warranty period of the Construction Contract(s), the Professional shall work with a Representative of the Owner in securing remedy of defects that become apparent. The Professional shall make, with a Representative of the Owner present, a Warranty inspection of the Project prior to the expiration of the Warranty period and report observed discrepancies to the Contractor for correction.
2.9.14 The Construction Phase shall terminate upon expiration of the Warranty period or settlement of all Warranty claims, whichever occurs last.
Appears in 1 contract
Sources: Terms and Conditions for Agreement Between Owner and Designer
Construction Phase. 2.9.1 The Professional's relationship ENGINEER shall:
2.2.1. Consult with OWNER and act as its representative as provided in the Construction Contract; act on behalf of the OWNER to the General extent provided in the Construction Contract except as otherwise provided herein.
2.2.2. Provide initial staking when necessary to allow Contractor to construct the Project. The ENGINEER shall set vertical and horizontal controls only.
2.2.3. Make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the Contractor's work and to determine if the work is proceeding in accordance with the plans and specifications. The frequency of such visits shall be set forth as advised by the owner and of a duration sufficient to ensure that the contractor is building the project according to plans and specifications. Such visits to the site shall be carried on in the General Conditions or the Supplemental Conditions presence of the Agreement Between City Inspector. ENGINEER shall keep OWNER informed of the Owner progress of the work, and shall endeavor to protect the Contractor, or modified by this AgreementOWNER against defects and deficiencies in the work. The Professional ENGINEER does not guarantee the performance of the Contractor and is not responsible for keeping the Owner completely apprized actual supervision of construction operations or for safety measures that the Project during Contractor takes or should take. ENGINEER shall inform CITY MANAGER of any work failing to conform to the Construction PhaseContract, and shall disapprove or reject any such work and require it to be corrected.
2.9.2 The Construction Phase begins with 2.2.4. Review and approve or take other appropriate action regarding Shop Drawings and samples, the award results of tests and the preparation of the Construction Contract(s). The Construction Phase inspections and other data which Contractor is concerned with the professional services required to direct the two (2) components of construction - office and field. The Professional services performed for the office component include:
.1 Complete administration of all Construction Contracts .2 Issuing Certificates for Payment .3 Examining and approving shop drawings and correcting shop drawings when necessary submit, for conformance with the design intent .4 Making revisions, corrections, or clarifications in the Contract Documents by bulletins or Change Orders, together with all correspondence and clerical work in connection with bulletins and Change Orders .5 Providing sufficient on-site investigation to substantiate any concept of the above Project and accepting the completed Project, together with such Certificates, Manuals, and Guarantees as provided in the Contract Documents
2.9.3 The Professional shall collect, maintain and house copies of weekly payrolls from all Contractors and Subcontractors for compliance with the labor standard provisions Contract; determine the acceptability of the Construction Contract when labor standard provisions substitute materials and equipment proposed by Contractor; and review maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are contained in the Contract.
2.9.4 The Professional services performed for the field component comprise on-site inspection provided by the Professional and/or Consultants to guard against nonconformity of the Work with the Contract Documents and to observe and report on compliance with agreed upon construction schedules. Notwithstanding the above, the Professional shall be responsible for insuring field inspections are made as needed and during the critical phases of construction by the Consultants and the Professional's firm. The Professional shall maintain a log of all visits to the site by the Consultants and the Professional's firm. The Professional shall not be responsible for construction means, methods, techniques, sequence of procedures, or the safety precautions and programs in connection with the work. The Professional may disapprove or reject work as failing to conform to the Contract Documents.
2.9.5 On-site inspections shall be done by a principal of the Professional's firm and/or of each Consultant firm, or a qualified employee of each firm as approved by the Owner. Once a month a written report, including a copy of the visit log described in Subparagraph 2.9.4, shall be submitted apprizing the Owner of the progress and condition of the Work. Any additional reports shall be collectively submitted by the Professional.
2.9.6 The Professional shall be the interpreter of the requirements of the Contract Documents and judge of the performance thereunder of the Contractor. The Professional shall render written interpretations necessary for the proper execution of the Work with reasonable promptness upon written request of either the Owner or the Contractor.
2.9.7 The Professional shall not issue any verbal or written orders for omissions from, additions to, or changes in the Construction Contract until approved in writing by the Owner, or as modified by this Agreement.
2.9.8 The Professional shall prepare Change Orders for the Owner's approval and execution Contractor in accordance with the Contract Documents plans and shall have authority specifications.
2.2.5. Assist owner issue instructions to order minor changes in the work which do not involve an adjustment in the Contract Sum or an extension Contractor; issue necessary interpretations and clarifications of the Contract Time plans and which is not inconsistent with the intent specifications; prepare change orders as required; require special inspection or testing of the Contract Documents.
2.9.9 The Professional shall determine work; act as judge of the amounts owed to the Contractor based on inspections at the site and evaluations acceptability of the Contractor's work.
2.2.6. Based on ENGINEER'S on-site observations and on review of Contractor applications for payment and will recommendpayment, for assist owner with determining the Owner's approval, the issuance of certificates for payment in such amounts as provided in the Contract Documentsowing to Contractor.
2.9.10 The approval of 2.2.7. Conduct an inspection to determine if the Project is substantially complete, and a Certificate for Payment shall constitute a representation by final inspection to determine if the Professional to the Owner, based on the inspections at the site and on the data comprising the Contractor's application for payment that the work Project has progressed to the point indicated; that, to the best of the Professional's knowledge, information and belief, the quality of the work is been completed in accordance with the Contract Documents; and, that the Contractor is entitled to payment in the amount certifiedplans and specifications. The issuance of a certificate for payment will not be a representation that the Professional has made any examination to ascertain how and for what purpose the If Contractor has used the monies paid on account fulfilled all of the Contract Sumits obligations, other than ENGINEER shall recommend, in writing, final payment to secure certification under oath that all Materialmen, Laborers, Contractor and Subcontractors have been paid by the Contractor.
2.9.11 When the Professional is notified by shall give written notice to OWNER and the Contractor that the Work has been completed work is acceptable and the Project is ready for inspection, the Professional meets plans and Consultants shall conduct a semi-final inspection. The Professional and Consultants shall prepare lists of items needing correction. When these items have been corrected specifications as developed by the Contractor, the Professional and all Consultants shall, with a Representative Engineer (subject to any conditions therein expressed).
2.2.8. Furnish two sets of the Owner present, make the final inspection and shall certify to the best of their knowledge to the Owner completion reproducible as-built record prints of the Project in compliance with the Contract Documents. It is the responsibility of the Professional to have representative(s) of Consultants present for the semi-final and final inspection(s).
2.9.12 Upon completion of the Project, the Professional shall furnish corrected documents to conform to the Project CITY MANAGER upon project completion. At least one set shall be hard copy and one set shall be in a digital format as finally constructed and shall deliver to the Owner two (2) sets of record documents. Record documents shall reflect all changes caused by addenda, field changes, change orders, and observed changes specified by the Professional, Contractor, or Subcontractors. When required in Subparagraph 2.1.1, the record documents shall be on permanent erasable transparencies suitable for reproduction. The actual cost of printing the permanent reproducible transparencies shall be paid by the Owner, with cost approval by the Owner before printing is ordered. In addition, the Professional shall deliver to the Owner the Manufacturer's data for the roof materials used, the Manufacturer's Guarantee, and the Roofing Contractor's Guarantee. The Professional shall, unless waived by the Owner, also submit one electronic format copy of the updated As-Built documents in .pdf format in coordination with the project Close-Out Documents. The actual cost of the electronic submittal shall be paid by the Owner, with cost approval by the Owner before printing is ordered in accordance with 3.4CITY MANAGER.
2.9.13 During the Warranty period of the Construction Contract(s), the Professional shall work with a Representative of the Owner in securing remedy of defects that become apparent. The Professional shall make, with a Representative of the Owner present, a Warranty inspection of the Project prior to the expiration of the Warranty period and report observed discrepancies to the Contractor for correction.
2.9.14 The Construction Phase shall terminate upon expiration of the Warranty period or settlement of all Warranty claims, whichever occurs last.
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Sources: Professional Services Agreement