Common use of Engineer’s Consultants Clause in Contracts

Engineer’s Consultants. Engineer has the option, unless Owner reasonably objects in writing, to employ, at its expense, consultants qualified and licensed to render Services in connection with the Project and to delegate duties to them without relieving Engineer from responsibility under this Agreement. Engineer shall utilize the consultants accepted by Owner and designated in Exhibit B (“Consultants”) to perform Services. Whenever it is necessary for the Engineer to employ additional Consultants or substitute designated Consultants, that action shall require the prior written acceptance of Owner. Owner will not unreasonably withhold acceptance. The Engineer shall enter into written agreements with the Consultants that require each Consultant to acknowledge and agree that all Services must be performed in accordance with Engineer’s obligations under this Agreement and to provide a breakdown and back-up for all Services and costs. Owner shall have the right, but not the obligation, to review and accept the form and substance of Engineer’s contracts with Consultants. All primary Consultants (Mechanical, Electrical, Plumbing, Structural, Civil, and others) hired by Engineer shall meet all of the insurance requirements set forth in this Agreement and their contracts shall not contain any waiver or limitation of liability unless approved by Owner in writing. Each Consultant contract will be assigned if necessary by the Engineer to Owner, provided that the assignment is effective only after termination of this Agreement by the Owner and only for those Consultant contracts that the Owner accepts by notifying the Consultant in writing. A copy of each written contract between the Engineer and its Consultants shall be provided to the City prior to the commencement of Consultants services to be provided to the Engineer.

Engineer’s Consultants. Engineer has the option, unless Owner reasonably objects in writing, to employ, at its expense, consultants qualified and licensed to render Services in connection with the Project and to delegate duties to them without relieving Engineer from responsibility under this Agreement. Engineer shall utilize the consultants accepted by Owner and designated in Exhibit B (“Consultants”) to perform Services. Whenever it is necessary for the Engineer to employ additional Consultants or substitute designated Consultants, that action shall require the prior written acceptance of Owner. Owner will not unreasonably withhold acceptance. The Engineer shall enter into written agreements with the Consultants that require each Consultant to acknowledge and agree that all Services must be performed in accordance with Engineer’s obligations under this Agreement and to provide a breakdown and back-up for all Services and costs. Owner shall have the right, but not the obligation, to review and accept the form and substance of Engineer’s contracts with Consultants. All primary Consultants (Mechanical, Electrical, Plumbing, Structural, Civil, and others) hired by Engineer shall meet all of the insurance requirements set forth in this Agreement and their contracts shall not contain any waiver or limitation of liability unless approved by Owner in writing. Each Consultant contract will be assigned if necessary by the Engineer to Owner, provided that the assignment is effective only after termination of this Agreement by the Owner and only for those Consultant contracts that the Owner accepts by notifying the Consultant in writing. A copy of each written contract between the Engineer and its Consultants shall be provided to the City prior to the commencement of Consultants services to be provided to the Engineer. Pursuant to California Department of Transportation (Caltrans) Local Assistance Procedures Manual (LAPM) Chapter 10, subcontracts exceeding $25,000 must contain all required provisions of the prime contract.