Common use of Design and Construction Management Services Clause in Contracts

Design and Construction Management Services. Developer shall provide the following design and construction management services to Owner, except to the extent that Owner determines such services are no longer necessary to be provided in light of the stage of development of the Project as of the date hereof: a. Submit to Owner for Owner's review and approval overall design plans and schematic drawings. After approval of such preliminary plans and drawings, Developer shall oversee the preparation of final architectural and construction plans, which shall be submitted to Owner for its review and approval; b. Provide and/or coordinate with third-party architects and engineers all necessary architectural services for the Facility, including architectural, structural, mechanical, electrical and plumbing/fire protection engineering services; c. Coordinate preparation of all design development documents, including all architectural, structural, electrical, mechanical and plumbing plans and specifications necessary for the construction of the Facility; d. Coordinate all civil engineering services required for the Facility as well as all services necessary for approval, acceptance and securing construction permits from appropriate federal, state and/or local governmental authorities having jurisdiction over the Site; e. Prepare all construction bid documents, secure bids from the general contractor, and assist Owner in negotiating the terms of the construction contract. After Owner has approved the terms of the construction contract, Developer shall have the authority to execute the construction contract as agent for Owner; f. Develop and review critical path schedules and updates and assist the general contractor in developing the project schedule and updates; g. Discuss and review with the general contractor its means and methods of construction; h. Discuss and review with the general contractor permitting approval and licensing issues and requirements necessary to complete and open the Facility, and obtain (or cause the general contractor to obtain) all required permits; i. Perform construction management and cost control services, including assisting Owner in obtaining the most favorable prices for construction, equipment, finishes and furnishings, and making recommendations to Owner regarding change orders, extensions of time and increases or decreases in the contract sum; j. Monitor and evaluate construction progress and make recommendations to the general contractor and Owner as deemed necessary; k. Assist in the resolution of critical issues impacting the progress of work, and monitor architectural supplemental instructions and requirements for information; l. Provide quality control and the early detection of defects in workmanship; m. Review punch list items and assist in the close-out of the project; and n. Coordinate opening date for the Facility with Owner and the Facility's managing agent (the "Manager").

Design and Construction Management Services. Developer shall provide the following design and construction management services to Owner, except to the extent that Owner determines such services are no longer necessary to be provided in light of the stage of development of the Project as of the date hereof: a. Submit to Owner Make available at the architect's office for Owner's review and approval approval, overall design plans and schematic drawingsdrawings in their current state of development. After approval of such preliminary plans and drawings, Developer shall oversee the preparation of final architectural and construction plans, which shall be submitted made available to Owner for its review. Owner's approval of the final plans and specifications shall not be required if such plans and specifications reflect the drawings previously approved by Owner and are for a typical Sunrise facility. Promptly following review of such plans, specifications and approval;drawings, Owner shall provide its written approval (if required) of such plans, specifications and drawings which, thereafter, shall be referred to herein as the "Approved Plans." If Owner's approval is required, and Owner does not provide specific objections to the final plans and specifications within thirty (30) days of Owner's receipt thereof, then Owner shall be deemed to have approved the same. There shall not be a material change (as defined in Section 2.04(b)(iii)) to the Approved Plans without the prior written consent of Owner. Owner and Developer acknowledge that changes to the Approved Plans are likely to be required as the development of the Facility proceeds; provided, however, that Owner's prior approval of any material changes shall be required. b. Provide and/or coordinate with third-party architects and engineers all necessary architectural services for the Facility, including architectural, structural, mechanical, electrical and plumbing/fire protection engineering services;. c. Coordinate preparation of all design development documents, including all architectural, structural, electrical, mechanical and plumbing plans and specifications necessary for the construction of the Facility;. d. Coordinate all civil engineering services required for the Facility as well as all services necessary for approval, acceptance and securing construction permits from appropriate federal, state and/or local governmental authorities having jurisdiction over the Site;site. e. Prepare all construction bid documents, secure bids from the general contractor, and assist Owner in negotiating negotiate the terms of the construction contract. Owner has reviewed and approved Developer's standard form of construction contract. After Owner has approved the terms of the construction contract, Developer shall have the authority to execute the construction contract as agent for Owner;. Owner's approval shall not be required if the proposed construction contract is on Developer's standard form, without material revisions and the business terms are within the budget limitations contained in the Development Budget. The construction contract shall obligate the Contractor to provide materials and performance of all trades for the Facility (including all on and offsite improvements) customarily included within an inclusive general contractor's agreement for a "fixed price" or "guaranteed maximum price" not in excess of that set forth in the Development Budget. If the architect's contract and general construction contract have not been executed prior to the date hereof, or if the architect or general contractor has not been retained by Developer on at least three (3) projects substantially similar to the Facility within the previous twenty-four (24) month period, such architect or contractor and/or the applicable contract, as the case may be, shall be subject to Owner's reasonable approval. f. Develop and review critical path schedules and updates and assist the general contractor in developing the project schedule and updates;. g. Discuss and review with the general contractor its means and methods of construction;. h. Discuss and review with the general contractor permitting permitting, approval and licensing issues and requirements necessary to complete and open the Facility, and obtain (or cause the general contractor to obtain) all required permits;. i. Perform construction management and cost control services, including assisting Owner in obtaining approving the most favorable prices for construction, equipment, finishes and furnishings, and making recommendations to Owner regarding change orders, extensions of time and increases or decreases in the contract sum;. j. Monitor Inspect, approximately every two (2) weeks, the progress of the construction of the Facility, and request the inspecting architect to certify once each month those matters covered by a standard AIA Request for Payment form. Developer shall advise Owner if any condition becomes known to Developer that would cause the Facility not to be in compliance with the foregoing. k. Request that the architect confirm that such construction is or is not being carried out substantially in accordance with the Approved Plans. l. Confirm that construction is being carried out consistent with the final approved Development Plan and within the time allocated under the Progress Schedule. m. Document and process changes, review and scrutinize costs for changes. n. Direct the architect to monitor percentage of completion of the construction to enable Owner to calculate that at each stage of the construction process there are sufficient remaining funds within the Development Budget to complete the Facility in accordance with the Development Plan. o. Evaluate all submissions for payment by the general contractor, and monitor and evaluate construction progress and make recommendations to the general contractor and Owner as deemed necessary;. k. p. Assist in the resolution of critical issues impacting the progress of work, and monitor architectural supplemental instructions and requirements for information;. l. Provide q. With assistance from the project architect, provide quality control and the early detection of defects in workmanship;. m. r. Review punch list items and assist in the close-out of the project; and. n. s. Coordinate the opening date for the Facility with Owner the contractor and the Facility's managing agent manager (the "Manager"). t. Provide updates to Owner and obtain updates (or such certifications as Developer is contractually entitled to) from the Contractor and/or the architect, at Owner's reasonable request from time to time, as to any of the above matters. Developer's engagement hereunder shall be as an independent contractor only, and except as expressly set forth herein, Developer shall have no right or authority to commit or obligate Owner in any manner whatsoever. Owner acknowledges that Developer's inspection and monitoring obligations required pursuant to this Section 2.05 do not constitute or otherwise result in Developer being a guarantor of the design or installation of work conducted in connection with the construction of the Facility and/or the cost thereof, provided, however, such acknowledgment by Owner does not in any way relieve, release or otherwise exonerate Contractor from obligations under the construction contract or Developer from performing its obligations hereunder or Developer's liabilities for failing to perform its obligations in the manner required hereunder.