Design Services Provider. All design services to be performed by ESCO under this Contract are appurtenant to construction services being provided by ESCO. Whether ESCO is a Design Professional, has a Design Professional as a member or on staff, or shall otherwise provide a consultant to perform the services of a Design Professional, all services constituting professional design services (whether constituting the practice of architecture, the practice of engineering, the practice of surveying or the practice of other design services) and referred to in this Contract shall be provided by a duly licensed and certified Design Professional employed or otherwise retained by ESCO as a consultant. The Design Professional(s) currently qualified and designated to provide such services is (are): [shall be determined if contract moves to construction phase and identified in amendment.] Owner hereby consents to ESCO’s retention of said Design Professional(s) to provide these services. No substitution of the consultant(s) listed in this Section 4.6 as ESCO’s Design Professional(s) for the Project shall occur except with the prior approval of Owner. ESCO agrees to support Owner’s efforts to create a collaborative and cooperative team among ESCO, Owner’s Project Manager, ESCO’s Design Professional(s) (if separate from ESCO), and the remainder of ESCO’s Project staff. Notwithstanding the fact that Owner has consented to ESCO’s decision to retain the consultant(s) listed in this Section
Design Services Provider. All design services to be performed by ESCO under this Contract are appurtenant to construction services being provided by ESCO. Whether ESCO is a Design Professional, has a Design Professional as a member or on staff, or shall otherwise provide a consultant to perform the services of a Design Professional, all services constituting professional design services (whether constituting the practice of architecture, the practice of engineering, the practice of surveying or the practice of other design services) and referred to in this Contract shall be provided by a licensed Design Professional employed or otherwise retained by ESCO as a consultant. The Design Professional(s) currently qualified and designated to provide such services is (are) . County hereby consents to ESCO’s retention of said Design Professional(s) to provide these services. No substitution of the consultant(s) listed in this Section 4.5 as ESCO’s Design Professional(s) for the Project shall occur except with the prior written approval of County. XXXX agrees to support County’s efforts to create a collaborative and cooperative team among ESCO, County’s Project Manager, XXXX’x Design Professional(s) (if separate from ESCO), and the remainder of XXXX’x Project staff. Notwithstanding the fact that County has consented to ESCO’s decision to retain the consultant(s) listed in this Section 4.5 as the Design Professional(s) for the Project, ESCO remains solely liable to County for completion and delivery of all services required under this Contract and this Contract shall confer no rights to the Design Professional(s) not contained in the agreement (if any) between ESCO and the Design Professional(s).
