Common use of Contract Administration Services Clause in Contracts

Contract Administration Services. GENERAL ADMINISTRATION • Observe the project to become familiar with progress of the work • The Architect shall provide administration of the Contract between the Client and the Contractor as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this document. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. • The Architect's responsibility to provide the Contract Administration Services commences with the award of the initial Contract for Construction and terminates at the issuance to the Client of the final Certificate for Payment. • The Architect shall be a representative of and shall advise and consult with the Client during the provision of Contract Administration Services. The Architect shall have authority to act on behalf of the Client only to the extent provided in this Agreement unless otherwise modified by written amendment. • Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Client and Architect. • The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings and/or Specifications in need of clarification and the nature of the clarification requested. • If deemed appropriate by the Architect, the Architect shall on the Client's behalf prepare, reproduce and distribute supplemental Drawings and/or Specifications in response to requests for information by the Contractor. • The Architect shall interpret and decide matters concerning performance of the Client and Contractor under the requirements of the Contract Documents on written request of either the Client or Contractor. The Architect's response to such requests shall be made in writing with reasonable promptness. • Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Client and Contractor, and shall not show partiality to either. The Architect shall not be liable for the results of interpretations or decisions so rendered in good faith. • The Architect shall render initial decisions on claims, disputes or other matters in question between the Client and Contractor as provided in the Contract Documents. • During the Architect's performance of Contract Administration Services, the Architect shall review the project from time to time and may recommend design changes, additions, or corrections. Changes and additions approved by the Client and corrections as necessary shall be added to the work by Change Order. A contingency fund, in an amount established by the Client in consultation with the Architect, shall be provided by the Client to be used for such changes, additions, and corrections. SITE VISITS/ CONSTRUCTION SITE MEETINGS • The Architect, as a representative of the Client, shall visit the site at intervals appropriate to the stage of the Contractor's operations, (1) to become generally familiar with and to keep the Client informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Client against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities. • The Architect shall attend routine construction progress meetings with the Contractor at the construction site. The Architect shall conduct such meetings, record minutes of the meetings’ activities, and distribute minutes to the Client and Contractor. • The Architect shall attend other special site meetings when required for review of mock-ups, pre-construction conferences, and the like. • The Architect shall report to the Client known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. • The Client shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. • The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have the authority to require inspection or testing of the Work, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. • The Architect is not responsible for general coordination and phasing of the project or construction sequences.

Contract Administration Services. GENERAL ADMINISTRATION • Observe the project to become familiar with progress of the work • A. The Architect shall provide contract administration of services for the construction project and in conjunction with the Contract between the Client Owner and the Contractor for the project as set forth below and in the edition of AIA Document A201, General Conditions of the accordance with applicable Contract for Construction, current as of the date of this document. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. • Attachments and Exhibits and subsequent Construction Contractor contract. B. The Architect's ’s responsibility to provide contract administration services under this Contract shall be at the Contract Administration Services commences discretion of the Owner and shall commence with the award of the initial Contract project contract for Construction construction and terminates terminate at the issuance to the Client conclusion of the final Certificate for Payment. • applicable “warranty” period, one (1) year following “substantial completion”. C. The Architect shall be a representative of and shall advise and consult with the Client Owner during the provision of Contract Administration Servicesconstruction contract administration phase services. The Architect shall have authority to act on behalf of the Client Owner as a representative only to the extent provided in by this Agreement Contract unless otherwise modified by written amendment. • Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Client and Architect. • The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings and/or Specifications in need of clarification and the nature of the clarification requested. • If deemed appropriate by the Architect, the Architect shall on the Client's behalf prepare, reproduce and distribute supplemental Drawings and/or Specifications in response to requests for information by the Contractor. • The Architect shall interpret and decide matters concerning performance of the Client and Contractor under the requirements of the Contract Documents on written request of either the Client or Contractor. The Architect's response to such requests shall be made in writing with reasonable promptness. • . D. Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from this certain Contract and the Construction Contract Documents and shall be in writing or in the form of drawingsdrawings and/or specifications. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Client Owner and Construction Contractor, and shall not show partiality to either. The Architect shall not be liable for the results of interpretations or decisions so rendered in good faith. • . E. The Architect shall render initial decisions on claimsdecisions, disputes interpretations and/or clarifications of Drawings, Specifications, and other Construction Documents via written instruments such as “Submittal packages”, “Request for Information” (RFI), “Architect’s Supplemental Information” (ASI) or similar professionally recognized documents. F. The Architect’s responsibility will include checking “submittals” (shop drawings) for conformance with the Contract Documents. All materials requested or processes used in the Project shall be of the kinds and brands specified in the Contract Documents or, where not so specified, shall be as approved by the Architect during the bidding period only. Where a certain kind, grade or brand of material, article or process shall be used in substitution for the material, article or process of the kind, grade or brand specified unless such substitution and the terms and conditions thereof shall have first been approved by the Architect, and then the Owner. Any request by the Contractor for any substitution shall specify other matters parts of the Project, as well as, Project under any separate contract, if any, which would be affected by such substitution. When possible, all materials shall have the marks of the manufacturer and the weights per standard unit distinctly shown upon them. Samples of all materials to be used and of the finish to be applied shall be delivered by the Contractor to the Architect as called for by the Contract Documents or as directed in question between writing by the Client Architect, in sufficient size (large scale samples) to properly judge and/or test their conformance to the requirements of the Contract Documents. These samples shall be submitted in triplicate unless otherwise specified, and Contractor the written approval of the Architect thereof shall be obtained. At the time of submission of any samples, the contractor shall inform the Architect in writing of any deviation in the samples submitted from the requirements of the contract documents. G. The Architect and Owner shall review submittals, shop drawings, product data, and samples required by the Contract Documents to be submitted and reviewed for approval per Contract Document compliance by the Contractor. The Architect’s review shall be solely for conformance with the Construction Documents of the Project and not for revision or modification of the Construction Documents as provided reasonably inferable from the information given in the Contract Documents. • During Such review shall not be conducted for the purpose of determining the accuracy or completeness of dimensions and quantities, nor shall approvals or acceptances constitute approval or acceptance of safety precautions or construction means, methods, or techniques, all of which remain the responsibility of the Construction Contractor. The Architect’s review shall be performed with such reasonable promptness as to cause no delay in the Project or in the work and/or services of separate contracts, while allowing sufficient time in the Architect's performance ’s professional judgment to permit adequate review but not to exceed fourteen (14) business days upon receipt of each submittal. The Owner agrees that the Contractor is responsible at all times for the conformity of the Project installed in compliance with the intent of the Contract Administration ServicesDocuments. Additionally, the Architect shall review Owner will include this paragraph and the project from time to time and may recommend design changes, additions, or corrections. Changes and additions approved provision in the Contractor’s contract requiring that all shop drawing submittals for all related work by the Client and corrections as necessary Construction Contractor or their subcontractors shall be added to the work by Change Order. A contingency fund, in an amount established by the Client in consultation conformance with the Architect, shall be provided by the Client to be used for such changes, additions, ’s Contract Documents “For Construction” including Quality Control and corrections. SITE VISITS/ CONSTRUCTION SITE MEETINGS • Compliance with accepted Industry Standards. H. The Architect, as a representative of the ClientOwner, shall visit the make regular site visits at intervals appropriate consistent with various stages of the each Project and in compliance with Attachment A, but not less than twice per month by a qualified individual, employed by the Architect and approved by the Owner and not less than twice per month by the Architect or Engineers, to become familiar with the progress of the work; and determine if the character, scope and detail of construction, the quantity and quality of materials and equipment and the standard of workmanship conforms to the stage intent of the Architect as expressed in the Contract Documents and its written directives. Each site visit shall be documented by field report. The Architect shall make additional visits to the Project when so requested by the Owner. The Architect shall attend Project meetings and review and respond to meeting minutes of such Project meetings as distributed by the Contractor to the Architect and Owner. The Architect will not be responsible for or have control or charge over the acts or omissions of the Contractor's operations, (1) to become generally familiar with and to keep the Client informed about the progress and quality Subcontractors, or any of its agents or employees, or any other persons performing any of the portion work. I. Architect shall notify the Owner promptly, via written instrument, of deficiencies known or observed in construction of the Project, including those which have developed following the acceptance of the Work completed, (2) and prior to endeavor to guard expiration of the Client against defects and deficiencies in warranty period of the WorkProject, and (3) advise as to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documentssatisfactory methods for correction of such deficiencies. However, If the Architect shall not be required to make exhaustive sees or continuous on-site inspections to check is informed of defective work, it must direct its efforts toward obtaining compliance by the quality or quantity of the Work. Contractor. J. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities. • construction project. K. The Architect shall attend routine construction progress meetings with review and provide recommendation on the amounts due the Contractor at and shall review the construction siteCertificates of Payment in such amounts, and determine amounts of progress payments and final payment due to the Construction Contractor. The Architect shall conduct such meetings, record minutes determine these amounts based on observations at the site and on evaluation of the meetings’ activitiesContractor's Applications for Payment, and distribute minutes to shall review the Client and Contractor. • The Architect shall attend other special site meetings when required Certificates for review of mock-ups, pre-construction conferences, and the like. • The Architect shall report to the Client known deviations from Payment in such amounts as provided in the Contract Documents and from which are in accord with its observations and evaluations. The recommendation for the most recent construction schedule submitted Owner to issue a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and on its evaluation of the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, in the Architect’s professional opinion, the quality of the work is in accordance with the Contract Documents; and that the Contractor is entitled to payment in the amount recommended. However, the Architect review and recommendation for the Owner to issue a Certificate for Payment shall not be responsible a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor's failure Contractor has used the moneys paid on account of the Contract sum. L. The Architect shall prepare all Modifications to perform the Contract for construction. The Owner shall have sole authority to approve all Modifications, provided, however, that the Architect is authorized to order minor changes in the Work in accordance which do not involve an adjustment to the Contract Sum or any extension of Time within which the Contract is to be completed, which changes shall be consistent with the requirements Contract Documents. M. Architect will review tests and reports of independent field inspection and/or materials testing service provider(s), evaluate and monitor compliance issues. N. When necessary, Architect will properly interpret the Contract Documents and furnish to the Owner one copy in reproducible form of all clarification drawings and other documentation required. Such interpretations shall be consistent with the intent of, and must be reasonably inferable from, the Contract Documents. The Architect shall be responsible will also prepare, for approval by the Owner, change orders to the construction contract and analyze price quotations received from the Construction Contractor for proposed change orders and advise the Owner in writing as to the acceptability of the same. O. Without additional cost to the Owner, Architect will make all revisions and changes to the Contract Documents as directed by the Owner to correct errors, conflicts or omissions directly attributable to or created by the Architect and/or its contracted P. Architect will author punch lists and separate warranty period work lists; participate in punch walks and inspect punch list and warranty period list work. Q. Architect will review and deliver to the Owner, written guarantees, operating and maintenance instruction books, diagrams, as-built drawings and charts required of the Construction Contractor. Architect will assist Owner in commissioning, start- up, initial operation and maintenance of facilities and equipment, and resolution of issues associated with such processes. R. Architect will notify the Owner in writing when, in the Architect's negligent acts or omissionsopinion, but shall not have control over or charge of the Project is Substantially Complete and shall not be responsible ready for acts or omissions beneficial occupancy by the Owner. Architect will participate in the final inspection of the ContractorProject and advise the Owner, Subcontractorsin writing, or their agents or employees, or of any other persons or entities performing portions of the Work. • The Client shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating as to the Contract Documents. Communications acceptability of Work performed by and with the Construction Contractor. S. Architect will notify the Owner in writing when, in the Architect's consultants opinion, the Project is ready for Final Completion. T. Promptly, after recording of Notice of Completion by the Owner, Architect will furnish the Owner, at no expense to the Owner, with an Owner approved form of final Plans in electronic format compatible with a recent version of AutoCAD and in PDF format and copies of Specifications which are reproducible and also in PDF format, including such revisions, alterations, additions, or modifications that may have been made in the course of construction. Revisions or changes shall be through properly annotated on the Architectreproducible Plans and cross-referenced. • The Architect Each sheet of the Plans shall have authority to reject Work that does not conform to be prominently noted, "record drawings." U. Upon final acceptance of the Contract Documents. Whenever Project by the Architect considers it necessary or advisableOwner, the Architect will have shall complete the authority to require inspection following warranty period services: (i) Provide assistance in the form of professional advice as requested by the Owner, in connection with the Contractor’s refining and adjusting of any equipment or testing system until the end of the Workwarranty period. (ii) Make visits to the Project, whether as requested by the Owner, to observe apparent defects and deficiencies in the completed construction. Consult with the Owner and advise as to satisfactory methods for corrections of such deficiencies or not such Work is fabricateddefective work. (iii) Render prompt decision on claims, installed or completed. However, neither this authority disputes and other matters in question between Construction Contractor and Owner relating to operations of and defects in the completed work. (iv) Assist the Owner in an eleven (11) month review of the Architect nor a decision made in good faith either completed work to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractorsdetermine if any operational deficiencies, material and equipment suppliersdefects, their agents or employees or other persons or entities performing portions of the Work. • The Architect is not responsible for general coordination and phasing of the project or construction sequencesdeficiencies exist that require correction. Advise as to acceptance by the Owner and for corrective action by the Construction Contractor.