Common use of Administration of the Project Clause in Contracts

Administration of the Project. (a) The DPOR, and Design-Build Firm s’ consultants, shall periodically inspect and observe the progress and quality of the Work at the Worksites as appropriate to monitor and confirm that the type and quality of construction and the progress of the Work is proceeding in accordance with this Agreement, including the Construction Documents and the Project Schedule, and they shall endeavor to protect Owner against defects and deficiencies. (b) In addition to site visits for general inspection and observation, the DPOR shall visit the site for specific purposes related to certification of progress payments, start-up or mock-up reviews for significant work activities and for formal inspections of the Work by others. The DPOR shall provide written reports of all site visits to the Owner, the Program Manager and the Design-Build Firm within three (3) business days. (c) The Design-Build firm shall establish and maintain a numbering and tracking system for all project records, including requests for information, submittals, and supplementary instructions and shall provide updated records at each progress meeting and when requested. DPOR shall post all RFI, ASK, and submittal transactions, including approvals within the Design-Build Firm s’ chain of command/authority in CPMS. (d) The DPOR shall promptly respond to any RFI s’ as necessary for the proper execution or progress of the Work and shall provide consultation for the purpose of clarification and interpretation of the intent and scope of the Construction Documents. The DPOR s’ interpretations and recommendations shall be consistent with the intent of, and reasonably inferable from, the Contract Documents, including the Approved Construction Documents. The DPOR s’ interpretations shall be made in written and/or graphic form including, if necessary or appropriate, supplemental documents to amplify or clarify portions of the Construction Documents and uploaded to CPMS. Design-Build Firm shall cause its DPOR to obtain Approval for any RFI response that deviates from the Approved 100% Set of Construction Documents or DCP, or will result in or require revision or re-permitting through the AHJ of the Approved 100% Set of Construction Documents. (e) The DPOR shall, in accordance with the Standard of Care, perform construction administration for the fulfillment of Design-Build Firm s’ contracts with Owner and others. DPOR shall review, approve and take all appropriate action to assure that the Design-Build Firm s’ RFI responses, (the DPOR s’ architectural supplemental instructions ( “ASIs ”), revisions to the Construction Documents, site visit reports, submittals, substitutions, and pay applications, shop drawings, product data and samples are prepared in accordance with the requirements of this Agreement. (f) The Design-Build Firm shall identify to the Program Manager potential opportunities for cost savings or accelerating the Project Schedule based on submittal alternatives. (g) All proposed changes to Construction Documents during the Construction Phase, regardless of how initiated, shall be fully described by the DPOR in a revision to depict changes to the scope of Work added, removed, or changed. All such revisions shall be separately recorded on media acceptable to Owner, including, without limitation, BIM and CAD. Such revisions shall be clearly indicated and a current revision date shall be included on the reproducible copy. Revisions to the Construction Documents shall be consecutively numbered and dated. Revisions to Construction Documents will be identified by date of the revision, revision number and other customary identification references. Each areas affected by the revision will be clouded. Each revision to a Construction Document that results in issuance of an addendum shall remove all clouds from previous revisions to such Construction Document so that only the changes associated with the latest addendum are clouded. (h) The DPOR shall participate in concealed space inspections, systems start- up inspections, Substantial Completion and Final Completion inspections to determine the dates of Substantial Completion and Final Completion including obtaining Certificates of Occupancy and turnover of all or a portion of the Project to the Owner. The DPOR and the key representative from the Design-Build Firm shall also participate in the Owner s’ final walk through inspection eighteen (18) months after Final Completion, and shall administer all needed warranty Work according to the PMP, and at that time, resolve all warranty claims in consultation with the Owner and Program Manager. (i) Prior to submission to the Program Manager, the Design-Build Firm shall review, for conformance with the Contract Documents, all guarantees and warranties. (j) The Design-Build Firm and DPOR shall review final As-Builts for accuracy and completeness in the representation of the as-built conditions of the Work and for compliance of the completed Work with the Contract Documents and shall deliver the As-Builts at Final Completion. (k) DPOR shall prepare a Punch List of all items, which Punch List shall include and provide for resolution of all comments from the Owner, Program Manager, and/or Architectural Representative. The resolution of Punch List items may include the reports of government Authorities Having Jurisdiction that Punch List items have been satisfactorily corrected or completed in accordance with the Contract Documents. (l) Prior to submission to the Program Manager, the Design-Build Firm shall review all submissions of operating and maintenance instructions, and all manuals, brochures, drawings, and all other close-out documentation furnished by the Design-Build Firm or Design-Build Firm Parties, and shall confirm to the Owner in writing all such documentation conforms to the requirements of the Contract Documents.