Common use of THE WORK OF THE CONTRACT Clause in Contracts

THE WORK OF THE CONTRACT. § 2.3.4.1 The Construction Manager shall fully execute the Work described in the Contract Documents or reasonably inferable by the Construction Manager as necessary to produce the results indicated by the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. § 2.3.4.2 The Construction Manager shall perform the Work at the location or locations described in the Project Site Description attached hereto as Exhibit A-1 (the "Project Site") and in the Site Utilization Plan incorporated into the Contract Documents as Exhibit A-2 to this Agreement. The Construction Manager shall confine its operations and restrict its staging and storage of machinery, equipment, and materials to those areas within the Project Site as set out in the Site Utilization Plan or to such other areas authorized in writing by the Owner. In the event that the Site Documents prior to the GMP Amendment, Construction Manager shall, on or before submitting its GMP Proposal to Owner, furnish Owner with its proposed Site Utilization Plan for Owner’s approval and incorporation into the Contract Documents. Except with Owner’s written approval, no Work shall commence on the Project Site prior to the Owner’s approval, in writing, of the Site Utilization Plan. Construction Manager shall not encumber the Project Site and adjacent areas with any materials or equipment and shall arrange and maintain its materials and equipment in an orderly manner so that Owner's Separate Contractors shall have free and unimpaired access to and within the Project Site and any construction occurring there and in adjacent areas. § 2.3.4.2.1 The Owner reserves the right to make reasonable modifications or revisions to the Site Utilization Plan by Construction Change Directive or by other Modification of the Agreement. In the event that Construction Manager intends to request an increase in the Guaranteed Maximum Price or Contract Time as a result of such modification or revision of the Site Utilization Plan, the Construction Manager shall strictly comply with the notice requirements set forth in Section 15.1 of the General Conditions. § 2.3.4.3 The Construction Manager shall furnish only skilled and properly trained staff for performance of the Work. The key members of the Construction Manager’s staff shall be Construction Manager’s Senior Project Personnel identified under Section 2.1.11 above and in the List of Designated Representatives and Contact Persons [including Construction Manager’s Senior Project Personnel] attached hereto as Exhibit B, and such other persons agreed upon with the Owner, any such agreement not to be unreasonably withheld. Such key members of the Construction Manager’s staff shall not be changed without the written consent of the Owner, unless such person becomes unable to perform any required duties due to death, disability, transfer, or termination of employment with the Construction Manager. Without limiting the foregoing, during the performance of the Work, the Construction Manager shall keep a competent superintendent at the Project site at all times, fully authorized to act on behalf of the Construction Manager. Notice from the Owner to one of Construction Manager’s designated representatives identified in Exhibit B in connection with defective Work or instructions for performance of the Work shall be considered notice of such issues to the Construction Manager.

Appears in 3 contracts

Sources: Standard Form of Agreement Between Owner and Construction Manager as Constructor, Standard Form of Agreement Between Owner and Construction Manager as Constructor, Standard Form of Agreement Between Owner and Construction Manager as Constructor