Common use of Construction Services Phase Clause in Contracts

Construction Services Phase. The Design Professional shall: 3.5.1 Upon the request of the Owner’s Representative, participate in pre- construction meetings with the Owner’s Representative and the Construction Manager, Trade Contractors and Suppliers for the Project, and attend all construction progress meetings. 3.5.2 Clarify all ambiguities and rectify all inaccuracies, inconsistencies, incompleteness, inadequacies and omissions in the drawings, specifications or other Contract Documents which have been prepared by the Design Professional or its Sub-consultants which are brought to the attention of the Design Professional by the Owner or Construction Manager. 3.5.3 Review and approve or take other appropriate actions with regard to all shop drawings, Project data, Construction Manager-generated coordination drawings, training schedules, and samples. As regards shop drawing approval, it is solely the responsibility of the Design Professional to check that all shop drawings are in compliance with the Construction Documents, including the final (or amended) Construction Documents and bid documents. The Design Professional shall not be responsible for any deviations from the Construction Documents not brought to the attention of, or submitted to, the Design Professional in writing by the Construction Manager and/or Trade Contractor(s), unless the deviation should, under the applicable standard of care, have been discovered in the course of the Design Professional's review. The Design Professional’s review, approval and other actions with respect to shop drawings and other submittals shall meet the requirements of the provisions of the Owner’s General Conditions applicable to the Project. The Design Professional is to maintain a file of Project submittals for use throughout the duration of the Project. 3.5.4 Prepare bulletins and/or construction change directives (CCDs) at no cost to the Owner, arising as a result of any inaccuracy, inadequacy, conflict or other deficiency in the Contract Documents including the Construction Documents and bid documents to the extent that they were prepared by the Design Professional or its Sub-consultants. The Design Professional shall provide the Owner with a construction cost estimate of each prior to issuance to the Construction Manager. All other construction change directives shall be compensated as an additional service as provided in Article 6. 3.5.5 Be familiar with the responsibilities of the Design Professional set forth in the Contract Documents, all of which are incorporated herein by reference. These responsibilities include responsibilities of the Design Professional that are described in the applicable general and any Supplemental or Special Conditions. 3.5.6 Prepare a set of black-line prints and deliver them to the Construction Manager at the start of construction. 3.5.7 Visit the Project Site to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. Work observed to be nonconforming shall be rejected in writing by the Design Professional. The Design Professional shall give the Owner and the Construction Manager written notification of any such rejection and written reports summarizing the circumstances and findings of each observation. On the basis of its on-site observations, the Design Professional will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 3.5.8 Participate, as necessary, with the Owner and the Construction Manager in meetings or through correspondence with governmental and/or regulatory agencies regarding reviews and inspections of the Project. 3.5.9 Review and certify or reject the Construction Manager’s applications for payment. The issuance of an approved certificate of payment shall constitute a representation by the Design Professional to the Owner that to the best of the Design Professional’s knowledge acting within the standard of care required by this Agreement, the Work has progressed to the point indicated in the certificate of payment; that the quality of Work is in accordance with the Contract Documents (subject to specific qualifications stated in the particular certificate); and that the Construction Manager is entitled to payment in the amount certified by the Design Professional. If the Design Professional rejects any payment application, it shall set forth the reason for its rejection in writing. 3.5.10 Conduct preliminary, above ceiling, pre-final, and final inspections of the Work and prepare and submit to the Owner’s Representative and the Construction Manager a proposed punchlist or lists after the pre-final inspection noting all Work that is observed during the inspection to be defective or fails to conform with the Contract Documents. Make all necessary final inspections to verify correction of all deficiencies during the Correction Period. 3.5.11 Prepare and submit Record Drawings to the Owner within thirty (30) days of the Design Professional’s receipt of the supporting documentation from the Construction Manager. Submit one (1) hard copy and electronic files of Record Drawings in a format acceptable to the Owner. 3.5.12 When the Work has reached an appropriate stage, certify to the Owner, in writing, the dates of substantial completion and final completion of the Project, both as defined in the General Conditions for the Project. 3.5.12.1 Within a reasonable time after being notified that the Construction Manager believes the Work to be substantially complete, the Design Professional will make a preliminary inspection of the Work to determine if it is substantially complete. If in the opinion of the Design Professional the Work is not substantially complete, the Design Professional shall notify the Construction Manager, which will be required to bring the Work into a state of Substantial Completion. 3.5.13 Receive and review operation and maintenance manuals in the same manner as that of any other submittal. 3.5.14 Review proposed change order quotations from the Construction Manager, and make written recommendations to the Owner as to the propriety of such quotations. 3.5.15 Prepare and submit to Owner, as requested by the Owner’s Representative, a list of items to be delivered pursuant to the terms of the Contract Documents, including operation and maintenance manuals, spare parts and training manuals. 3.5.16 Respond to Owner inquiries and assist in the initial start-up of architectural, mechanical, plumbing, electrical and such other systems, as the Owner shall require. 3.5.17 Inspect the Project before the final certificate for payment is issued and prepare for the Owner a list of observed items, materials or systems that require replacement or additional Work by the Construction Manager pursuant to the warranties given in or required by the Contract Documents. 3.5.18 Meet monthly with the Construction Manager and the Owner to review and approve Trade Contractor Payment Applications. 3.5.19 Where progress payments are requested based upon portions of the Work performed on a unit price basis, review, and if appropriate approve, the Construction Manager's verification of the number of units provided. 3.5.20 If the Design Professional at any time observes or otherwise becomes aware of any fault or defect in the Work, or any nonconformance of the Work with the Contract Documents, give prompt written notice to the Construction Manager and the Owner. 3.5.21 Sign all change orders. 3.5.22 Update the punchlist at Substantial Completion. 3.5.23 Revise the Construction Documents when necessary or appropriate in connection with a change to the Work. The Design Professional shall not be compensated therefor to the extent the revision is necessary because of the Design Professional’s errors or omissions or breach of this Agreement. 3.5.24 The Design Professional will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, but must comply with all laws, regulations and ordinances and the administrative rules and administrative plans of the Construction Manager. 3.5.25 At the request of the Owner, interpret and decide matters concerning the design. All interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings.

Construction Services Phase. The During the construction phase of the Project, the Design Professional shallshallwill: 3.5.1 Become familiar with the responsibilities of the Design Professional set forth in the Contract Documents, all of which are incorporated herein by reference. 3.5.2 Prepare a set of black-line prints and deliver them to the Construction Manager at the start of construction. 3.5.3 Upon the request of the Owner’s Representative, participate in pre- construction meetings with the Owner’s Representative and the Construction Manager, Trade Contractors and Suppliers for the Project, and attend all construction progress meetings. 3.5.2 3.5.4 At the request of the Owner, interpret and decide matters concerning the design. All interpretations and decisions of the Design Professional shallwill be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 3.5.5 Clarify all any ambiguities and rectify all inaccuracies, inconsistencies, incompleteness, inadequacies and omissions in the drawings, specifications or other Contract Documents which have been prepared by the Design Professional or its Sub-consultants and which are brought to the attention of the Design Professional by the Owner or Construction Manager; provided, however, that neither the Owner nor the Construction Manager shallwill have an obligation to discover any such deficiency. 3.5.3 3.5.6 Prepare bulletins and/or construction change directives (CCDs) at no cost to the Owner, arising as a result of any inaccuracy, inadequacy, conflict or other deficiency in the Contract Documents including the Construction Documents and bid documents to the extent that they were prepared by the Design Professional. The Design Professional shallwill, as part of its Basic Services, provide the Owner with a cost estimate of each prior to their issuance to the Construction Manager. 3.5.7 Review and approve or take other appropriate actions with regard to all shop drawings, Project data, Construction Manager-generated coordination drawings, training schedules, and samples. As regards shop drawing approval, it It is solely the responsibility of the Design Professional to check verify that all shop drawings are in compliance with the Construction Documents, including the final (or amended) Construction Documents and bid documents. The Design Professional shall shallwill not be responsible for any deviations from the Construction Documents not brought to the attention of, or submitted to, the Design Professional in writing by the Construction Manager and/or Trade Contractor(s), unless the deviation should, under the applicable standard of care, have been discovered in the course of the Design Professional's review. The Design Professional’s review, approval and other actions with respect to shop drawings and other submittals shall meet the requirements of the provisions of the Owner’s General Conditions applicable to the Project. The Design Professional is to maintain a file of Project submittals for use throughout the duration of the Project. 3.5.4 Prepare bulletins and/or construction change directives (CCDs) at no cost to the Owner, arising as a result of any inaccuracy, inadequacy, conflict or other deficiency in the Contract Documents including 3.5.8 Revise the Construction Documents and bid documents when necessary or appropriate in connection with a change to the extent that they were prepared by the Design Professional or its Sub-consultantsWork. Sign all change orders. The Design Professional shall provide the Owner with a construction cost estimate of each prior to issuance shallwill not be compensated therefor to the Construction Manager. All other construction change directives shall be compensated as an additional service as provided in Article 6. 3.5.5 Be familiar with extent the responsibilities revision is necessary because of the Design Professional set forth in the Contract Documents, all Professional’s errors or omissions or breach of which are incorporated herein by reference. These responsibilities include responsibilities of the Design Professional that are described in the applicable general and any Supplemental or Special Conditionsthis Agreement. 3.5.6 Prepare a set of black-line prints and deliver them to the Construction Manager at the start of construction. 3.5.7 3.5.9 Visit the Project Site to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. Work observed to be nonconforming shall shallwill be rejected in writing by the Design Professional. The Design Professional shall shallwill give the Owner and the Construction Manager written notification of any such rejection and written reports summarizing the circumstances and findings of each observation. On the basis of its on-site observations, the Design Professional will keep the Owner informed of the progress of the Work, Work and will endeavor to guard the Owner against defects and deficiencies in the Work. 3.5.8 3.5.10 Advise and consult with the Owner and the Construction Manager concerning the conformance of the Work to the Construction Documents. If the Design Professional at any time observes or otherwise becomes aware of any fault or defect in the Work, or any nonconformance of the Work with the Contract Documents, give prompt written notice to the Construction Manager and the Owner. 3.5.11 Participate, as necessary, with the Owner and the Construction Manager in meetings or through correspondence with governmental and/or regulatory agencies regarding reviews and inspections of the Project. 3.5.9 3.5.12 Require, when it deems them necessary, special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed, as long as the Design Professional has first received written authorization from the Owner’s Representative. 3.5.13 Meet monthly with the Construction Manager and the Owner to review and approve Trade Contractor Payment Applications. Where progress payments are requested based upon portions of the Work performed on a unit price basis, review, and if appropriate approve, the Construction Manager's verification of the number of units provided. 3.5.14 Review and certify or reject the Construction Manager’s applications for payment. The issuance of an approved certificate of payment shall shallwill constitute a representation by the Design Professional to the Owner that to the best of the Design Professional’s knowledge acting within the standard of care required by this Agreement, the Work has progressed to the point indicated in the certificate of payment; that the quality of Work is in accordance with the Contract Documents (subject to specific qualifications stated in the particular certificate); and that the Construction Manager is entitled to payment in the amount certified by the Design Professional. If the Design Professional rejects any payment application, it shall shallwill set forth the reason for its rejection in writing. 3.5.10 3.5.15 Conduct preliminary, above ceiling, pre-final, and final inspections of the Work and prepare and submit to the Owner’s Representative and the Construction Manager a proposed punchlist or lists after the pre-final inspection noting all Work that is observed during the inspection to be defective or fails to conform with to the Contract Documents. Make all necessary final inspections to verify correction of all deficiencies during the Correction Period. 3.5.11 3.5.16 Prepare and submit As-constructed record Record drawings Drawings to the Owner within thirty (30) days of the Design Professional’s receipt of the supporting documentation from the Construction Manager. Submit The As-constructed Record Drawings will be submitted in the format set forth in the Design Guidelines Section 2.Submit one (1) hard copy and electronic files of Record Drawings record drawings in a format acceptable to the Owner. 3.5.12 3.5.17 Review proposed change order quotations from the Construction Manager and make written recommendations to the Owner as to the propriety of such quotations. 3.5.18 When the Work has reached an appropriate stage, certify to the Owner, in writing, the dates of substantial Substantial completion Completion and final Final completion Completion of the Project, both as defined in the General Conditions for the ProjectConditions. 3.5.12.1 3.5.18.1 Within a reasonable time after being notified that the Construction Manager believes the Work to be substantially complete, the Design Professional will shallwill make a preliminary inspection of the Work to determine if it is substantially complete. If in the opinion of the Design Professional the Work is not substantially complete, the Design Professional shall shallwill notify the Construction Manager, which stating what will be required to bring the Work into a state of Substantial Completion. Update the punchlist at Substantial Completion. 3.5.13 Receive and review operation and maintenance manuals in the same manner as that of any other submittal. 3.5.14 Review proposed change order quotations from the Construction Manager, and make written recommendations to the Owner as to the propriety of such quotations. 3.5.15 3.5.19 Prepare and submit to Owner, as requested by the Owner’s Representative, a list of items to be delivered pursuant to the terms of the Contract Documents, including operation and maintenance manuals, spare parts and training manuals. 3.5.16 3.5.20 Receive and review operation and maintenance manuals in the same manner as that of any other submittal. 3.5.21 Respond to Owner inquiries and assist in the initial start-up of architectural, mechanical, plumbing, electrical and such other systems, as the Owner shall shallwill require. 3.5.17 3.5.22 Inspect the Project before the final certificate for payment is issued and prepare for the Owner a list of observed items, materials or systems that require replacement or additional Work by the Construction Manager pursuant to the warranties given in or required by the Contract Documents. 3.5.18 Meet monthly with the Construction Manager and the Owner to review and approve Trade Contractor Payment Applications. 3.5.19 Where progress payments are requested based upon portions of the Work performed on a unit price basis, review, and if appropriate approve, the Construction Manager's verification of the number of units provided. 3.5.20 If the Design Professional at any time observes or otherwise becomes aware of any fault or defect in the Work, or any nonconformance of the Work with the Contract Documents, give prompt written notice to the Construction Manager and the Owner. 3.5.21 Sign all change orders. 3.5.22 Update the punchlist at Substantial Completion. 3.5.23 Revise the Construction Documents when necessary or appropriate in connection with a change to the Work. The Design Professional shall not be compensated therefor to the extent the revision is necessary because of the Design Professional’s errors or omissions or breach of this Agreement. 3.5.24 The Design Professional will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, but must comply with all laws, regulations and ordinances and the administrative rules and administrative plans of the Construction Manager. 3.5.25 At the request of the Owner, interpret and decide matters concerning the design. All interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings.

Construction Services Phase. The Design Professional shall:shall:‌ 3.5.1 Upon the request of the Owner’s Representative, participate in pre- construction meetings with the Owner’s Representative and the Construction Manager, Trade Contractors and Suppliers for the Project, and attend all construction progress meetings. 3.5.2 Clarify all ambiguities and rectify all inaccuracies, inconsistencies, incompleteness, inadequacies and omissions in the drawings, specifications or other Contract Documents which have been prepared by the Design Professional or its Sub-consultants which are brought to the attention of the Design Professional by the Owner or Construction Manager. 3.5.3 Review and approve or take other appropriate actions with regard to all shop drawings, Project data, Construction Manager-generated coordination drawings, training schedules, and samples. As regards shop drawing approval, it is solely the responsibility of the Design Professional to check that all shop drawings are in compliance with the Construction Documents, including the final (or amended) Construction Documents and bid documents. The Design Professional shall not be responsible for any deviations from the Construction Documents not brought to the attention of, or submitted to, the Design Professional in writing by the Construction Manager and/or Trade Contractor(s), unless the deviation should, under the applicable standard of care, have been discovered in the course of the Design Professional's review. The Design Professional’s review, approval and other actions with respect to shop drawings and other submittals shall meet the requirements of the provisions of the Owner’s General Conditions Ggeneral Cconditions applicable to the Project. The Design Professional is to maintain a file of Project submittals for use throughout the duration of the Project. 3.5.4 Prepare bulletins and/or construction change directives (CCDs) at no cost to the Owner, arising as a result of any inaccuracy, inadequacy, conflict or other deficiency in the Contract Documents including the Construction Documents and bid documents to the extent that they were prepared by the Design Professional or its Sub-consultants. The Design Professional shall provide the Owner with a construction cost estimate of each prior to issuance to the Construction Manager. All other construction change directives shall be compensated as an additional service as provided in Article 6. 3.5.5 Be familiar with the responsibilities of the Design Professional set forth in the Contract Documents, all of which are incorporated herein by reference. These responsibilities include responsibilities of the Design Professional that are described in the applicable general and any Supplemental Ssupplemental or Special ConditionsSspecial Cconditions. 3.5.6 Prepare a set of black-line prints and deliver them to the Construction Manager at the start of construction.construction.‌ 3.5.7 Visit the Project Site to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. Work observed to be nonconforming shall be rejected in writing by the Design Professional. The Design Professional shall give the Owner and the Construction Manager written notification of any such rejection and written reports summarizing the circumstances and findings of each observation. On the basis of its on-site observations, the Design Professional will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 3.5.8 Participate, as necessary, with the Owner and the Construction Manager in meetings or through correspondence with governmental and/or regulatory agencies regarding reviews and inspections of the Project. 3.5.9 Review and certify or reject the Construction Manager’s applications for payment. The issuance of an approved certificate of payment shall constitute a representation by the Design Professional to the Owner that to the best of the Design Professional’s knowledge acting within the standard of care required by this Agreement, the Work has progressed to the point indicated in the certificate of payment; that the quality of Work is in accordance with the Contract Documents (subject to specific qualifications stated in the particular certificate); and that the Construction Manager is entitled to payment in the amount certified by the Design Professional. If the Design Professional rejects any payment application, it shall set forth the reason for its rejection in writing. 3.5.10 Conduct preliminary, above ceiling, pre-final, and final inspections of the Work and prepare and submit to the Owner’s Representative and the Construction Manager a proposed punchlist or lists after the pre-final inspection noting all Work that is observed during the inspection to be defective or fails to conform with the Contract Documents. Make all necessary final inspections to verify correction of all deficiencies during the Correction Period. 3.5.11 Prepare and submit Record Drawings to the Owner within thirty (30) days of the Design Professional’s receipt of the supporting documentation from the Construction Manager. Submit one (1) hard copy and electronic files of Record Drawings in a format acceptable to the Owner. 3.5.12 When the Work has reached an appropriate stage, certify to the Owner, in writing, the dates of substantial completion and final completion of the Project, both as defined in the General Conditions Ggeneral Cconditions for the Project. 3.5.12.1 Within a reasonable time after being notified that the Construction Manager believes the Work to be substantially complete, the Design Professional will make a preliminary inspection of the Work to determine if it is substantially complete. If in the opinion of the Design Professional the Work is not substantially complete, the Design Professional shall notify the Construction Manager, which will be required to bring the Work into a state of Substantial Completion. 3.5.13 Receive and review operation and maintenance manuals in the same manner as that of any other submittal. 3.5.14 Review proposed change order quotations from the Construction Manager, and make written recommendations to the Owner as to the propriety of such quotations. 3.5.15 Prepare and submit to Owner, as requested by the Owner’s Representative, a list of items to be delivered pursuant to the terms of the Contract Documents, including operation and maintenance manuals, spare parts and training manuals. 3.5.16 Respond to Owner inquiries and assist in the initial start-up of architectural, mechanical, plumbing, electrical and such other systems, as the Owner shall require. 3.5.17 Inspect the Project before the final certificate for payment is issued and prepare for the Owner a list of observed items, materials or systems that require replacement or additional Work by the Construction Manager pursuant to the warranties given in or required by the Contract Documents. 3.5.18 Meet monthly with the Construction Manager and the Owner to review and approve Trade Contractor Payment Applications. 3.5.19 Where progress payments are requested based upon portions of the Work performed on a unit price basis, review, and if appropriate approve, the Construction Manager's verification of the number of units provided. 3.5.20 If the Design Professional at any time observes or otherwise becomes aware of any fault or defect in the Work, or any nonconformance of the Work with the Contract Documents, give prompt written notice to the Construction Manager and the Owner. 3.5.21 Sign all change orders. 3.5.22 Update the punchlist at Substantial Completion. 3.5.23 Revise the Construction Documents when necessary or appropriate in connection with a change to the Work. The Design Professional shall not be compensated therefor to the extent the revision is necessary because of the Design Professional’s errors or omissions or breach of this Agreement. 3.5.24 The Design Professional will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, but must comply with all laws, regulations and ordinances and the administrative rules and administrative plans of the Construction Manager. 3.5.25 At the request of the Owner, interpret and decide matters concerning the design. All interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings.