OWNER’S RESPONSIBILITIES. 8.1 OWNER will provide information regarding the requirements for the Project which will set forth OWNER's objectives, schedule, constraints and criteria. 8.2 OWNER will designate a representative authorized to act on the OWNER's behalf with respect to the Project. The OWNER or such authorized representative shall render, in a timely manner, decisions pertaining to documents submitted by the CONSULTANT. 8.3 OWNER xxxx xxxxxxx surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing physical characteristics, legal limitations and utility locations for the site of the Project and a written legal description of the site. Surveys and legal information will include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, 8.4 OWNER xxxx xxxxxxx the services of geotechnical engineers when such services are requested by the CONSULTANT. 8.5 OWNER will furnish structural, mechanical, and other laboratory and environmental tests, required by law or the Contract Documents. 8.6 OWNER will give prompt written notice to CONSULTANT if OWNER becomes aware of a fault or defect in the Project or CONSULTANT's nonconformance with the Contract Documents. 8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's performance and share preliminary grading with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K").
Appears in 7 contracts
Samples: Consultant Agreement, Consultant Agreement, Consultant Agreement
OWNER’S RESPONSIBILITIES. 8.1 OWNER will § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner’s objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements.
§ 5.2 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner’s budget for the Project which will set forth OWNER's objectivesas necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, schedule, constraints the Owner shall notify the Architect. The Owner and criteriathe Architect shall thereafter agree to a corresponding change in the Project’s scope and quality.
8.2 OWNER will designate § 5.3 The Owner shall identify a representative authorized to act on the OWNER's Owner’s behalf with respect to the Project. The OWNER or such authorized representative Owner shall render, render decisions and approve the Architect’s submittals in a timely manner, decisions pertaining manner in order to documents submitted by avoid unreasonable delay in the CONSULTANTorderly and sequential progress of the Architect’s services.
8.3 OWNER xxxx xxxxxxx § 5.4 The Owner shall furnish surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing to describe physical characteristics, legal limitations and utility locations for the site of the Project Project, and a written legal description of the site. Surveys The surveys and legal information will shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
8.4 OWNER xxxx xxxxxxx § 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
§ 5.6 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1.
§ 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204™–2017, Sustainable Projects Exhibit, attached to this Agreement.
§ 5.8 The Owner shall coordinate the services of geotechnical engineers its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are requested reasonably required by the CONSULTANTscope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided.
8.5 OWNER will § 5.9 The Owner shall furnish structural, mechanical, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
8.6 OWNER will give § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests.
§ 5.11 The Owner shall provide prompt written notice to CONSULTANT the Architect if OWNER the Owner becomes aware of a any fault or defect in the Project Project, including errors, omissions or CONSULTANT's nonconformance inconsistencies in the Architect’s Instruments of Service.
§ 5.12 The Owner shall include the Architect in all communications with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County projectContractor that relate to or affect the Architect’s services or professional responsibilities. The Project Manager will grade CONSULTANT's performance and share preliminary grading with Owner shall promptly notify the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part Architect of the Project file substance of any direct communications between the Owner and will also be added the Contractor otherwise relating to a database tabulating all such performance ratings (see Attachment "K")the Project.
Appears in 6 contracts
Samples: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. 8.1 OWNER will provide information regarding the requirements for the Project which will set forth OWNER's objectives, schedule, constraints and criteria.
8.2 OWNER will designate a representative authorized to act on the OWNER's behalf with respect to the Project. The OWNER or such authorized representative shall render, in a timely manner, decisions pertaining to documents submitted by the CONSULTANT.
8.3 OWNER xxxx xxxxxxx will furnish surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing physical characteristics, legal limitations and utility locations for the site of the Project and a written legal description of the site. Surveys and legal information will include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
8.4 OWNER xxxx xxxxxxx will furnish the services of geotechnical engineers when such services are requested by the CONSULTANT.
8.5 OWNER will furnish structural, mechanical, and other laboratory and environmental tests, required by law or the Contract Documents.
8.6 OWNER will give prompt written notice to CONSULTANT if OWNER becomes aware of a fault or defect in the Project or CONSULTANT's nonconformance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's performance and share preliminary grading with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K").
Appears in 6 contracts
Samples: Consultant Agreement, Consultant Agreement for Professional Services, Consultant Agreement
OWNER’S RESPONSIBILITIES. 8.1 OWNER will § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner’s objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements.
§ 5.2 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner’s budget for the Project which will set forth OWNER's objectivesas necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, schedule, constraints the Owner shall notify the Architect. The Owner and criteriathe Architect shall thereafter agree to a corresponding change in the Project’s scope and quality.
8.2 OWNER will designate § 5.3 The Owner shall identify a representative authorized to act on the OWNER's Owner’s behalf with respect to the Project. The OWNER or such authorized representative Owner shall render, render decisions and approve the Architect’s submittals in a timely manner, decisions pertaining manner in order to documents submitted by avoid unreasonable delay in the CONSULTANTorderly and sequential progress of the Architect’s services.
8.3 OWNER xxxx xxxxxxx § 5.4 The Owner shall furnish surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing to describe physical characteristics, legal limitations and utility locations for the site of the Project Project, and a written legal description of the site. Surveys The surveys and legal information will shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
8.4 OWNER xxxx xxxxxxx § 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
§ 5.6 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1.
§ 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204™–2017, Sustainable Projects Exhibit, attached to this Agreement.
§ 5.8 The Owner shall coordinate the services of geotechnical engineers its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are requested reasonably required by the CONSULTANTscope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided.
8.5 OWNER will § 5.9 The Owner shall furnish structural, mechanical, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
8.6 OWNER will give § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests.
§ 5.11 The Owner shall provide prompt written notice to CONSULTANT the Architect if OWNER the Owner becomes aware of a any fault or defect in the Project Project, including errors, omissions or CONSULTANT's nonconformance inconsistencies in the Architect’s Instruments of Service.
§ 5.12 The Owner shall include the Architect in all communications with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County projectContractor that relate to or affect the Architect’s services or professional responsibilities. The Project Manager will grade CONSULTANT's performance Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and share preliminary grading the Contractor otherwise relating to the Project. Communications by and with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on Architect’s consultants shall be through the performance report. The final report along with CONSULTANT comments will become part of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K")Architect.
Appears in 5 contracts
Samples: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. 8.1 OWNER will provide information regarding the requirements for the Project which will set forth OWNER's objectives, schedule, constraints and criteria.
8.2 OWNER will designate a representative authorized to act on the OWNER's behalf with respect to the Project. The OWNER or such authorized representative shall render, in a timely manner, decisions pertaining to documents submitted by the CONSULTANT.
8.3 OWNER xxxx xxxxxxx surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing physical characteristics, legal limitations and utility locations for the site of the Project and a written legal description of the site. Surveys and legal information will include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,, dimensions and necessary data pertaining to existing buildings, other improvements and trees; utility services and lines, both public and private, above and below grade, including inverts and depths. Survey information will be referenced to the project benchmark.
8.4 OWNER xxxx xxxxxxx the services of geotechnical engineers when such services are requested by the CONSULTANT.
8.5 OWNER will furnish structural, mechanical, and other laboratory and environmental tests, required by law or the Contract Documents.
8.6 OWNER will give prompt written notice to CONSULTANT if OWNER becomes aware of a fault or defect in the Project or CONSULTANT's nonconformance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's performance and share preliminary grading with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K").
Appears in 5 contracts
Samples: Consultant Agreement, Consultant Agreement, Consultant Agreement
OWNER’S RESPONSIBILITIES. 8.1 3.1 OWNER will provide information regarding the requirements for the Project which will set forth OWNER's objectives, schedule, constraints and criteria.
8.2 OWNER will shall designate in writing a representative authorized project coordinator to act on the as OWNER's behalf ’s representative with respect to the Project. The OWNER or such authorized representative shall render, in a timely manner, decisions pertaining services to documents submitted by the CONSULTANT.
8.3 OWNER xxxx xxxxxxx surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing physical characteristics, legal limitations and utility locations for the site of the be rendered under this Agreement (“Project and a written legal description of the site. Surveys and legal information will include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
8.4 OWNER xxxx xxxxxxx the services of geotechnical engineers when such services are requested by the CONSULTANT.
8.5 OWNER will furnish structural, mechanical, and other laboratory and environmental tests, required by law or the Contract Documents.
8.6 OWNER will give prompt written notice to CONSULTANT if OWNER becomes aware of a fault or defect in the Project or CONSULTANT's nonconformance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County projectManager”). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER’s policies and decisions with respect to DESIGN PROFESSIONAL’s Services for the Project. However, except as may be otherwise expressly authorized in writing by the Orange County School Board, neither the Project Manager nor any other party is authorized to issue any verbal or written orders or instructions to DESIGN PROFESSIONAL that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever the: (1) Scope of Services to be provided and performed by DESIGN PROFESSIONAL hereunder; (2) the time DESIGN PROFESSIONAL is obligated to complete all such Services; or (3) the amount of compensation OWNER is obligated or committed to pay DESIGN PROFESSIONAL. Additional Services must be approved in writing in the form of a written and executed amendment to this Agreement prior to starting such Additional Services. OWNER will grade CONSULTANT's performance and share preliminary grading with not be responsible for the CONSULTANTcosts of Additional Services commenced without its express prior written approval. CONSULTANT Failure to obtain prior written approval for Additional Services waives DESIGN PROFESSIONAL’s claim that it performed Additional Services and, instead, such services will have an opportunity be deemed to review and comment on the performance report. The final report along with CONSULTANT comments will become be part of the Basic Services required of DESIGN PROFESSIONAL hereunder.
3.2 OWNER shall provide, if available, all of OWNER’s criteria and information requested by DESIGN PROFESSIONAL as to OWNER’s requirements for the Project, including, without limitation, design objectives and constraints, space requirements, educational specifications, capacity and performance requirements, flexibility and expendability, and any budgetary limitations, which are not addressed within the Scope of Services.
3.3 Upon request from DESIGN PROFESSIONAL, OWNER will assist DESIGN PROFESSIONAL by making available to DESIGN PROFESSIONAL all reasonably available information in OWNER’s possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project.
3.4 OWNER shall arrange for access to and make all provisions for DESIGN PROFESSIONAL to enter the Project file and will also site to perform the Services to be added provided by DESIGN PROFESSIONAL under this Agreement. DESIGN PROFESSIONAL acknowledges that such access may be provided during times that are not the normal business hours of DESIGN PROFESSIONAL.
3.5 If applicable, OWNER shall provide written notice to a database tabulating all DESIGN PROFESSIONAL of any deficiencies or defects discovered by OWNER with respect to the Basic Services to be rendered by DESIGN PROFESSIONAL hereunder.
3.6 Wherever the terms of this Agreement refer to some action, consent, or approval (excluding approvals of Additional Services or changes to this Agreement) to be provided by OWNER or some notice, report or document is to be provided to OWNER, such performance ratings (see Attachment "K")reference to “OWNER” shall mean OWNER’s Project Manager, unless otherwise stated by OWNER in writing.
Appears in 4 contracts
Samples: Design Professional Services Agreement, Design Professional Services Agreement, Design Professional Services Agreement
OWNER’S RESPONSIBILITIES. 8.1 OWNER will provide information regarding The Owner shall, with the Architect/Engineer’s assistance, identify requirements for the Project, which shall set forth the Owner’s objectives, schedule, constraints, and criteria, including space requirements, relationships, flexibility, expandability, special equipment, systems, and Project site requirements.
4.1 The Owner shall establish and update an overall budget for the Project which will set forth OWNER's objectivesmay include Construction Administration services (refer to Section not limited to , scheduleany other costs of the Owner, constraints and criteriareasonable contingencies related to all costs.
8.2 OWNER will 4.2 If requested by the Architect/Engineer, the Owner shall provide evidence that financial arrangements have been made to fulfill the Owner’s obligations under this Agreement.
4.3 The Owner shall designate a an authorized representative authorized to act on the OWNER's Owner’s behalf with respect to the Project. .
4.3.1 The OWNER or Owner and/or such authorized representative shall render, render decisions in a timely manner, decisions manner pertaining to any documents submitted by the CONSULTANTArchitect/Engineer to avoid unreasonable delay in the orderly and sequential progress of the Architect/Engineer’s services .
8.3 OWNER xxxx xxxxxxx 4.4 The Owner shall provide, at their own expense, surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing physical characteristics, legal limitations limitations, and utility locations for the Project site of the Project and along with a written legal description of the Project site. Surveys .
4.4.1 The surveys and legal information will shall include, as applicable, : grades and lines of streets, alleys, pavements pavements, and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the Project site; locations,, dimensions and necessary data pertaining to existing buildings, other improvements and tress; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths.
8.4 OWNER xxxx xxxxxxx 4.4.2 All the information on the survey shall be referenced to a benchmark of a similar project of size and scope to the Project.
4.5 The Owner shall provide, at its own expense, the services of geotechnical engineers engineering when such services are requested by the CONSULTANTArchitect/Engineer.
8.5 OWNER will furnish structural, mechanical, 4.5.1 Such services made include but are not limited to: test borings; test pits; determinations of soil-bearing values; percolation tests; evaluations of hazardous materials; ground corrosion and other laboratory and environmental resistively tests, including necessary operations for anticipating subsoil conditions with reports; and appropriate recommendations.
4.6 If requested by the Architect/Engineer, the Owner shall secure, at its own expense, retain the services of other consultants/subconsultants when such services are reasonably required by law or the Contract Documents.
8.6 OWNER will give prompt written notice to CONSULTANT if OWNER becomes aware of a fault or defect in the Project or CONSULTANT's nonconformance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's performance and share preliminary grading with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part scope of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K")Project.
Appears in 3 contracts
Samples: Agreement for Professional Architect/Engineer Design Services, Agreement for Professional Architect / Engineer Design Services, Agreement for Professional Architect/Engineer Design Services
OWNER’S RESPONSIBILITIES. 8.1 OWNER 3.1 The Owner will provide full information regarding the his requirements for the Project which will set forth OWNER's objectives, schedule, constraints and criteriaProject.
8.2 OWNER will 3.2 The Owner may designate in writing a representative authorized who will be fully acquainted with the Project and has authority to act on issue and approve Project Construction Budgets, issue Change Orders, render decisions promptly and furnish information expeditiously. This representative has the OWNER's behalf with respect authority outlined in 6.5. Any limitations of the foregoing will be indicated to the ProjectConstruction Manager in writing. The OWNER or such authorized representative shall render, Construction Manager agrees that any of the above decisions increasing the guaranteed maximum price and the project time will be made by Commissioners Court in a timely mannerproperly noticed meeting.
3.3 The Architect, decisions pertaining to documents submitted employed by the CONSULTANTOwner, has provided design services and prepared construction documents for the project. The Construction Manager is not responsible for the accuracy or completeness of the construction documents prepared by the design professionals employed by Owner.
8.3 OWNER xxxx xxxxxxx 3.4 The Owner will furnish for the site of the Project all necessary surveys required by describing the Projectphysical characteristics, soil reports and subsurface investigations, legal limitations, utility locations, and not otherwise provided in a legal description. These surveys describe the CONSULTANTS proposal, describing physical characteristics, legal limitations and utility locations for the site of the Project Project, and a written legal description of the site. Surveys The surveys and legal information will include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All information on the survey will be referenced to a project benchmark.
8.4 OWNER xxxx xxxxxxx 3.5 The Owner will secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities.
3.6 The Owner will furnish such legal services as may be necessary for providing the items set forth in Paragraph 3.5 and such auditing services as he may require.
3.7 The Construction Manager will be furnished without charge all copies of geotechnical engineers when such services are requested Drawings and Specifications reasonably necessary for the execution of the Work.
3.8 The Construction Manager will provide the insurance for the Project as provided in Paragraph 9.2 and 9.4.
3.9 The services, information, surveys and reports required by the CONSULTANTabove paragraphs or otherwise to be furnished by other consultants employed by the Owner, will be furnished with reasonable promptness at the Owner's expense and the Construction Manager will be entitled to rely upon the accuracy and completeness thereof.
8.5 OWNER will furnish structural, mechanical, and other laboratory and environmental tests, required by law or 3.10 If the Contract Documents.
8.6 OWNER will give prompt written notice to CONSULTANT if OWNER Owner becomes aware of a any fault or defect in the Project or CONSULTANT's nonconformance with the Contract DocumentsDrawings and Specifications, he will give prompt written notice thereof to the Construction Manager.
8.7 OWNER 3.11 The Owner will utilize furnish, prior to commencing work and at such future times as may be requested, reasonable evidence satisfactory to the Construction Manager that sufficient funds are available and committed for the entire cost of the Project. Unless such reasonable evidence is furnished, the Construction Manager is not required to commence or continue any Work, or may, if such evidence is not presented within a consultant grading procedure for CONSULTANT's performance on each Milwaukee County projectreasonable time, stop the Project upon 15 days' notice to the owner. The Project failure of the Construction Manager to insist upon the providing of this evidence at any one time will grade CONSULTANTnot be a waiver of the Owner's performance and share preliminary grading obligation to make payments pursuant to this Agreement nor will it be a waiver of the Construction Manager's right to request or insist that such evidence be provided at a later date.
3.12 The Owner will communicate with the CONSULTANT. CONSULTANT Trade Contractors only through the Construction Manager.
3.13 The Owner, at its discretion, may provide materials and equipment purchased from Texas Correctional Industries and others for incorporation into the work by the Construction Manager.
3.14 The Owner will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part provide or contract for, independently of the Project file Construction Manager, the inspection services, the testing of construction materials engineering, and will also be added to a database tabulating all such performance ratings (see Attachment "K")the verification testing services necessary for acceptance of the facility by the Owner.
Appears in 3 contracts
Samples: Construction Management Contract, Construction Management Contract, Construction Management Contract
OWNER’S RESPONSIBILITIES. 8.1 OWNER will provide information regarding the requirements for the Project which will set forth OWNER's objectives, schedule, constraints and criteria.
8.2 OWNER will designate a representative authorized to act on the OWNER's behalf with respect to the Project. The OWNER or such authorized representative shall render, in a timely manner, decisions pertaining to documents submitted by the CONSULTANT.
8.3 OWNER xxxx xxxxxxx will furnish surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing physical characteristics, legal limitations and utility locations for the site of the Project and a written legal description of the site. Surveys and legal information will include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,, dimensions and necessary data pertaining to existing buildings, other improvements and trees; utility services and lines, both public and private, above and below grade, including inverts and depths. Survey information will be referenced to the project benchmark.
8.4 OWNER xxxx xxxxxxx will furnish the services of geotechnical engineers when such services are requested by the CONSULTANT.
8.5 OWNER will furnish structural, mechanical, and other laboratory and environmental tests, required by law or the Contract Documents.
8.6 OWNER will give prompt written notice to CONSULTANT if OWNER becomes aware of a fault or defect in the Project or CONSULTANT's nonconformance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's performance and share preliminary grading with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K").
Appears in 3 contracts
Samples: Consultant Agreement, Consultant Agreement, Consultant Agreement
OWNER’S RESPONSIBILITIES. 8.1 OWNER will provide information regarding the requirements for the Project which will set forth OWNER's objectives, schedule, constraints and criteria.
8.2 OWNER will designate a representative authorized to act on the OWNER's behalf with respect to the Project. The OWNER or such authorized representative shall render, in a timely manner, decisions pertaining to documents submitted by the CONSULTANT.
8.3 OWNER xxxx xxxxxxx will furnish surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing physical characteristics, legal limitations and utility locations for the site of the Project and a written legal description of the site. Surveys and legal information will include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
8.4 OWNER xxxx xxxxxxx will furnish the services of geotechnical engineers when such services are requested by the CONSULTANT.
8.5 OWNER will furnish structural, mechanical, and other laboratory and environmental tests, required by law or the Contract Documents.
8.6 OWNER will give prompt written notice to CONSULTANT if OWNER becomes aware of a fault or defect in the Project or CONSULTANT's nonconformance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's performance and share preliminary grading with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K").
Appears in 2 contracts
Samples: Consultant Agreement for Professional Services, Consultant Agreement
OWNER’S RESPONSIBILITIES. 8.1 OWNER 3.1 The Owner will provide full information regarding the his requirements for the Project which will set forth OWNER's objectives, schedule, constraints and criteriaProject.
8.2 OWNER will 3.2 The Owner may designate in writing a representative authorized who will be fully acquainted with the Project and has authority to act on issue and approve Project Construction Budgets, issue Change Orders, render decisions promptly and furnish information expeditiously. This representative has the OWNER's behalf with respect authority outlined in 6.5. Any limitations of the foregoing will be indicated to the ProjectConstruction Manager in writing. The OWNER or such authorized representative shall render, Construction Manager agrees that any of the above decisions increasing the guaranteed maximum price and the project time will be made by Commissioners Court in a timely mannerproperly noticed meeting.
3.3 The Architect, decisions pertaining to documents submitted employed by the CONSULTANTOwner, has provided design services and prepared construction documents for the project. The Construction Manager is not responsible for the accuracy or completeness of the construction documents prepared by the design professionals employed by Owner.
8.3 OWNER xxxx xxxxxxx 3.4 The Owner will furnish for the site of the Project all necessary surveys required by describing the Projectphysical characteristics, soil reports and subsurface investigations, legal limitations, utility locations, and not otherwise provided in a legal description. These surveys describe the CONSULTANTS proposal, describing physical characteristics, legal limitations and utility locations for the site of the Project Project, and a written legal description of the site. Surveys The surveys and legal information will include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-of- way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All information on the survey will be referenced to a project benchmark.
8.4 OWNER xxxx xxxxxxx 3.5 The Owner will secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities.
3.6 The Owner will furnish such legal services as may be necessary for providing the items set forth in Paragraph 3.5 and such auditing services as he may require.
3.7 The Construction Manager will be furnished without charge all copies of geotechnical engineers when such services are requested Drawings and Specifications reasonably necessary for the execution of the Work.
3.8 The Construction Manager will provide the insurance for the Project as provided in Paragraph 9.2 and 9.4.
3.9 The services, information, surveys and reports required by the CONSULTANT.
8.5 OWNER above paragraphs or otherwise to be furnished by other consultants employed by the Owner, will furnish structural, mechanical, be furnished with reasonable promptness at the Owner's expense and other laboratory and environmental tests, required by law or the Contract Documents.
8.6 OWNER will give prompt written notice to CONSULTANT if OWNER becomes aware of a fault or defect in the Project or CONSULTANT's nonconformance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Construction Manager will grade CONSULTANT's performance be entitled to rely upon the accuracy and share preliminary grading with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K")completeness thereof.
Appears in 2 contracts
Samples: Construction Manager Agreement, Construction Manager Agreement
OWNER’S RESPONSIBILITIES. 8.1 OWNER will h sh, flex pt of vant for the Architect to inclu sonab
§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information regarding in a timely manner
§ 5.2 The Owner shall establish and periodically update the requirements Owner’s budget for the Project, for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) rea
§ 5.2.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides with it associated risks. Such risks include the Owner incurring costs for the Architect to co portions of the Project which will set forth OWNER's objectivesaffected by procuring or installing elements of the Project prior to th relevant Construction Documents, scheduleand costs for the Contractor to remove and replace previ the Owner selects accelerated, constraints and criteriaphased or fast-track scheduling, the Owner agrees to include Project sufficient contingencies to cover such costs.
8.2 OWNER will designate § 5.3 The Owner shall identify a representative authorized to act on the OWNER's Owner’s behalf with respect to the Project. The OWNER or such authorized representative Owner shall render, render decisions and approve the Architect’s submittals in a timely manner, decisions pertaining manner in order to documents submitted by avoid unreasonable delay in the CONSULTANTorderly and sequential progress of the Architect’s services.
8.3 OWNER xxxx xxxxxxx § 5.4 The Owner shall furnish surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing to describe physical characteristics, legal limitations and utility locations for the site of the Project Project, and a written legal description of the site. Surveys The surveys and legal information will shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
8.4 OWNER xxxx xxxxxxx § 5.5 The Owner shall coordinate the services of geotechnical engineers its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are requested reasonably required by the CONSULTANTscope of the Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided.
8.5 OWNER will § 5.6 The Owner shall furnish structural, mechanical, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
8.6 OWNER will give § 5.7 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests.
§ 5.8 The Owner shall provide prompt written notice to CONSULTANT the Architect if OWNER the Owner becomes aware of a any fault or defect in the Project Project, including errors, omissions or CONSULTANT's nonconformance inconsistencies in the Architect’s Instruments of Service.
§ 5.9 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect’s consultants through
§ 5.10 Before executing the Contract Documentsfor Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. § 5.11 The Project Manager will grade CONSULTANT's performance and share preliminary grading with Owner shall provide the CONSULTANT. CONSULTANT will have an opportunity Architect access to review and comment on the performance report. The final report along with CONSULTANT comments will become part of the Project file and will also be added site prior to a database tabulating all such performance ratings (see Attachment "K").commencem obligate the Contractor to provide the Architect access to the Work wherever it is in prepara
Appears in 2 contracts
Samples: Standard Form of Agreement Between Owner and Architect for a Large or Complex Project, Standard Form of Agreement Between Owner and Architect for a Large or Complex Project
OWNER’S RESPONSIBILITIES. 8.1 OWNER will 5.1 Owner shall provide information regarding the requirements for the Project which will set forth OWNER's objectives, schedule, constraints and criteriaeach Project.
8.2 OWNER will 5.2 Owner shall establish and update an overall budget for each Project, including the Construction Cost, Owner's other costs and reasonable contingencies related to all of these costs.
5.3 Owner shall designate a representative authorized to act on the OWNEROwner's behalf with respect to the each Project. The OWNER Owner’s representative shall be the sole party authorized to render decisions under this Agreement on Owner’s behalf. If Architect/Engineer accepts and relies on direction from any other FIU representative under this Agreement, Architect/Engineer shall do so at its own risk and shall be responsible for all costs associated therewith. Owner or such authorized representative shall render, render decisions within the time frames specified in a timely manner, decisions this Agreement pertaining to documents submitted by Architect/Engineer to avoid unreasonable delay in the CONSULTANTorderly and sequential progress of the Architect/ Engineer's services.
8.3 OWNER xxxx xxxxxxx 5.4 Owner shall review and approve or take other appropriate action on all Work submittals of Architect/Engineer within fifteen (15) calendar days after Owner’s receipt of each submittal.
5.5 If required, Owner may furnish, or direct Architect/Engineer to obtain at Owner's expense, surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing physical characteristics, legal limitations and utility locations for the site Site of the Project and Project, including a written legal description of the siteProject Site, if required. Surveys The surveys and legal information will shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the siteSite; locations,, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths.
8.4 OWNER xxxx xxxxxxx 5.6 If required, Owner shall furnish, or direct Architect/Engineer to obtain at Owner's expense, the services of geotechnical engineers when such as necessary for the Project. Such services may include but are requested by the CONSULTANTnot limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of Hazardous Substances, ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations.
8.5 OWNER will furnish 5.7 Owner shall pay for structural, mechanical, chemical, air and water pollution tests; tests for Hazardous Substances; and, other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
8.6 OWNER will give prompt 5.8 Review of Architect/Engineer’s documents shall be solely for purposes of determining whether such documents are generally consistent with Owner’s intent and such review shall not relieve Architect/Engineer of any of its responsibilities. Prompt written notice shall be given by Owner to CONSULTANT Architect/Engineer if OWNER Owner becomes aware of a any fault or defect in the Project or CONSULTANT's nonconformance non-conformance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's performance and share preliminary grading with Further, nothing in this Agreement is intended or shall be construed to require Owner to determine the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part adequacy, accuracy or sufficiency of the Project file design, Architect/Engineer’s Work or Architect/Engineer’s Services and will also be added nothing in this Agreement shall impose upon Owner a duty to third parties to assure that Architect/Engineer, Architect/Engineer’s consultants, Construction Manager, subcontractors or others are adhering to applicable laws. Further, Owner’s review of, inspection of, acceptance of, or payment for any of Architect/Engineer’s Services shall not constitute acceptance of, or a database tabulating all waiver of any of Owner’s rights or remedies relating to, Services that fail to conform to the requirements of this Agreement, unless Owner expressly accepts such performance ratings (see Attachment "K")non-conforming Services in writing.
Appears in 2 contracts
Samples: Agreement Between Owner and Architect/Engineer, Agreement Between Owner and Architect/Engineer
OWNER’S RESPONSIBILITIES. 8.1 OWNER will 5.1 Owner shall provide information regarding the requirements for the Project which will set forth OWNER's objectives, schedule, constraints and criteriaProject.
8.2 OWNER will 5.2 Owner shall establish and update an overall budget for the Project, including the Construction Cost, Owner's other costs and reasonable contingencies related to all of these costs.
5.3 Owner shall designate a representative authorized to act on the OWNEROwner's behalf with respect to the Project. The OWNER Owner’s representative shall be the sole party authorized to render decisions under this Agreement on Owner’s behalf. If Architect/Engineer accepts and relies on direction from any other FIU representative under this Agreement, Architect/Engineer shall do so at its own risk and shall be responsible for all costs associated therewith. Owner or such authorized representative shall render, render decisions within the time frames specified in a timely manner, decisions this Agreement pertaining to documents submitted by Architect/Engineer to avoid unreasonable delay in the CONSULTANTorderly and sequential progress of the Architect/ Engineer's services.
8.3 OWNER xxxx xxxxxxx 5.4 Owner shall review and approve or take other appropriate action on all Work submittals of Architect/Engineer within twenty-one (21) calendar days after Owner’s receipt of each submittal.
5.5 If required, Owner may furnish, or direct Architect/Engineer to obtain at Owner's expense, surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing physical characteristics, legal limitations and utility locations for the site Site of the Project and Project, including a written legal description of the siteProject Site, if required. Surveys The surveys and legal information will shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the siteSite; locations,, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths.
8.4 OWNER xxxx xxxxxxx 5.6 If required, Owner shall furnish, or direct Architect/Engineer to obtain at Owner's expense, the services of geotechnical engineers when such as necessary for the Project. Such services may include but are requested by the CONSULTANTnot limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of Hazardous Substances, ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations.
8.5 OWNER will furnish 5.7 Owner shall pay for structural, mechanical, chemical, air and water pollution tests; tests for Hazardous Substances; and, other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
8.6 OWNER will give prompt 5.8 Review of Architect/Engineer’s documents shall be solely for purposes of determining whether such documents are generally consistent with Owner’s intent and such review shall not relieve Architect/Engineer of any of its responsibilities. Prompt written notice shall be given by Owner to CONSULTANT Architect/Engineer if OWNER Owner becomes aware of a any fault or defect in the Project or CONSULTANT's nonconformance non-conformance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's performance and share preliminary grading with Further, nothing in this Agreement is intended or shall be construed to require Owner to determine the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part adequacy, accuracy or sufficiency of the Project file design, Architect/Engineer’s Work or Architect/Engineer’s Services and will also be added nothing in this Agreement shall impose upon Owner a duty to third parties to assure that Architect/Engineer, Architect/Engineer’s consultants, Construction Manager, subcontractors or others are adhering to applicable laws. Further, Owner’s review of, inspection of, acceptance of, or payment for any of Architect/Engineer’s Services shall not constitute acceptance of, or a database tabulating all waiver of any of Owner’s rights or remedies relating to, Services that fail to conform to the requirements of this Agreement, unless Owner expressly accepts such performance ratings (see Attachment "K")non-conforming Services in writing.
Appears in 2 contracts
Samples: Agreement Between Owner and Architect/Engineer, Agreement Between Owner and Architect/Engineer
OWNER’S RESPONSIBILITIES. 8.1 OWNER will § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding the requirements for and limitations on the Project Project, including a written program which will shall set forth OWNER's the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Architect and Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions for the Project as refelected in Article 1 hereof. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights.
8.2 OWNER will designate § 5.3 The Owner shall identify a representative authorized to act on the OWNER's Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The OWNER or such authorized representative Owner shall render, render decisions and approve the Architect’s submittals in a timely manner, decisions pertaining to documents submitted by the CONSULTANT.
8.3 OWNER xxxx xxxxxxx surveys required by § 5.4 Where necessary for the ProjectArchitect’s performance of the Services, and not otherwise provided in the CONSULTANTS proposalArchitect’s opinion, describing the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project Project, and a written legal description of the site. Surveys The surveys and legal information will shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,, dimensions and necessary data with respect to existing buildings, other improvements, overall dimensions, and significant landscape features, including trees of three inches (3") or greater caliper; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths.
8.4 OWNER xxxx xxxxxxx the § 5.5 The Owner shall furnish services of geotechnical engineers when such services engineers, which may include but are requested by the CONSULTANT.
8.5 OWNER will furnish structuralnot limited to test borings, mechanicaltest pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo ed, and other laboratory and environmental where needed foror failure to perform. g ser here
§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents.structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligence
8.6 OWNER will give § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditin reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w
§ 5.9 The Owner shall provide prompt written notice to CONSULTANT the Architect if OWNER the Owner becomes aware of a any fault or defect in the Project Project, including errors, omissions or CONSULTANT's nonconformance with inconsistencies in the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's performance and share preliminary grading with Architect’s Instruments of Service, provided nothing in this Agreement shall be construed so as to require the CONSULTANT. CONSULTANT will have an opportunity Owner to review and comment on determine the performance report. The final report along with CONSULTANT comments will become part adequacy, accuracy, or sufficiency of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K")design, the Construction Documents, or the Architect’s Services.
Appears in 2 contracts
Samples: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. 8.1 OWNER Owner will provide information regarding the requirements for the Project which will set forth OWNEROwner's objectives, schedule, constraints and criteria.
8.2 OWNER Owner will designate a representative authorized to act on the OWNEROwner's behalf with respect to the Project. The OWNER Owner or such authorized representative shall render, in a timely manner, decisions pertaining to documents submitted by the CONSULTANTConsultant.
8.3 OWNER xxxx xxxxxxx Owner will furnish surveys required by the Project, and not otherwise provided in the CONSULTANTS Consultant’s proposal, describing physical characteristics, legal limitations and utility locations for the site of the Project and a written legal description of the site. Surveys and legal information will include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,, dimensions and necessary data pertaining to existing buildings, other improvements and trees; utility services and lines, both public and private, above and below grade, including inverts and depths. Survey information will be referenced to the project benchmark.
8.4 OWNER xxxx xxxxxxx Owner will furnish the services of geotechnical engineers when such services are requested by the CONSULTANTConsultant.
8.5 OWNER Owner will furnish structural, mechanical, and other laboratory and environmental tests, required by law or the Contract Documents.
8.6 OWNER Owner will give prompt written notice to CONSULTANT Consultant if OWNER Owner becomes aware of a fault or defect in the Project or CONSULTANT's Consultant’s nonconformance with the Contract Documents.
8.7 OWNER Owner will utilize a consultant Consultant grading procedure for CONSULTANT's Consultant’s performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's consultant’s performance and share preliminary grading with the CONSULTANTConsultant. CONSULTANT Consultant will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT Consultant comments will become part of the Project file and will also be added to a database tabulating all such performance ratings ratings. (see Attachment "K"K-2 of 2).
Appears in 2 contracts
Samples: Consultant Agreement for Construction Management Professional Services, Consultant Agreement for Construction Management Professional Services
OWNER’S RESPONSIBILITIES. 8.1 OWNER will 4.1 The Owner shall provide full information in a timely manner regarding the requirements for and limitations on the Project Project, including a written program which will shall set forth OWNER's the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements.
8.2 OWNER will 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner’s other costs and reasonable contingencies related to all of these costs.
4.3 The Owner shall designate a representative authorized to act on the OWNER's Owner’s behalf with respect to the Project. The OWNER Owner or such authorized designated representative shall render, render decisions in a timely manner, decisions manner pertaining to documents submitted by the CONSULTANTConsultant in order to avoid unreasonable delay in the order and sequential progress of the Consultant’s services.
8.3 OWNER xxxx xxxxxxx 4.4 The Owner shall furnish surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing to describe physical characteristics, legal limitations and utility locations for the site of the Project Project, and a written legal description of the site. Surveys The surveys and legal information will shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
8.4 OWNER xxxx xxxxxxx 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the CONSULTANTConsultant. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations.
8.5 OWNER will 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are requested by the Consultant and are reasonably required by the scope of the Project.
4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documentslaw.
8.6 OWNER will give prompt written notice to CONSULTANT if OWNER becomes aware of a fault or defect in 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner’s needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor’s Applications for Payment or CONSULTANT's nonconformance with to ascertain how or for what purposes the Contract DocumentsContractor has used the money paid by or on behalf of the Owner.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. 4.9 The Project Manager will grade CONSULTANT's performance services, information, surveys and share preliminary grading with reports required by Paragraphs 4.4 through 4.8 shall be furnished at the CONSULTANT. CONSULTANT will have an opportunity Owner’s expense, and the Consultant shall be entitled to review rely upon the accuracy and comment on the performance report. The final report along with CONSULTANT comments will become part of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K")completeness thereof.
Appears in 1 contract
Samples: Consultant Agreement
OWNER’S RESPONSIBILITIES. 8.1 OWNER will § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner’s objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements.
§ 5.2 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner’s budget for the Project which will set forth OWNER's objectivesas necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, schedule, constraints the Owner shall notify the Architect. The Owner and criteriathe Architect shall thereafter agree to a corresponding change in the Project’s scope and quality.
8.2 OWNER will designate a § 5.3 The Owner’s representative authorized to act on the OWNER's Owner’s behalf with respect to the Project. Project is set out in
§ 5.4 The OWNER or such authorized representative Owner shall render, in a timely manner, decisions pertaining furnish surveys to documents submitted by the CONSULTANT.
8.3 OWNER xxxx xxxxxxx surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing describe physical characteristics, legal limitations and utility locations for the site of the Project Project, and a written legal description of the site. Surveys The surveys and legal information will shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-waydesignated wetlands;
§ 5.5 The Owner shall furnish services of geotechnical engineers, restrictionswhich may include test borings, easementstest pits, encroachmentsdeterminations of soil bearing values, zoningpercolation tests, deed restrictionsevaluations of hazardous materials, boundaries seismic evaluation, ground corrosion tests and contours of resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
§ 5.6 The Owner shall provide the site; locations,Supplemental Services designated as the Owner’s responsibility in Section 4.1.1.
8.4 OWNER xxxx xxxxxxx § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204™–2017, Sustainable Projects Exhibit, attached to this Agreement.
§ 5.8 The Owner shall coordinate the services of geotechnical engineers its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are requested reasonably required by the CONSULTANTscope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided.
8.5 OWNER will § 5.9 The Owner shall furnish structural, mechanical, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
8.6 OWNER will give § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests.
§ 5.11 The Owner shall provide prompt written notice to CONSULTANT the Architect if OWNER the Owner becomes aware of a any fault or defect in the Project Project, including errors, omissions or CONSULTANT's nonconformance inconsistencies in the Architect’s Instruments of Service.
§ 5.12 The Owner shall include the Architect in all communications with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County projectContractor that relate to or affect the Architect’s services or professional responsibilities. The Project Manager will grade CONSULTANT's performance Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and share preliminary grading the Contractor otherwise relating to the Project. Communications by and with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on Architect’s consultants shall be through the performance report. The final report along with CONSULTANT comments will become part of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K")Architect.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. 8.1 OWNER will provide information 4.1 The Owner shall consult with the Design Professional regarding the requirements for the Project which will set forth OWNERProject, including (1) the Owner's objectives, schedule, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more specifically described in Subsection 2.2.1.
8.2 OWNER will 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative authorized to act on the OWNEROwner's behalf with respect to the Project. The OWNER Owner or such authorized representative shall render, render decisions in a timely manner, decisions manner pertaining to documents submitted by the CONSULTANTDesign Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services.
8.3 OWNER xxxx xxxxxxx 4.5 Where applicable, the Owner shall furnish surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing physical characteristics, legal limitations and utility locations for the site of the Project Project, and a written legal description of the site. Surveys The surveys and legal information will shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark.
8.4 OWNER xxxx xxxxxxx 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the CONSULTANTDesign Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
8.5 OWNER will 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous mate- rials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
8.6 OWNER will 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to CONSULTANT the Design Professional if OWNER the Owner becomes aware of a any fault or defect in the Project or CONSULTANT's nonconformance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure 4.11 Design Professional shall propose language for CONSULTANTcertificates or certifications to be requested of the Design Professional or Design Professional's performance on each Milwaukee County projectconsultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Project Manager will grade CONSULTANT's performance and share preliminary grading with Owner agrees not to request certifications that would require knowledge or services beyond the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part scope of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K")Agreement.
Appears in 1 contract
Samples: Professional Services
OWNER’S RESPONSIBILITIES. 8.1 OWNER will provide information regarding the requirements for the Project which will set forth OWNER's objectives, schedule, constraints and criteria.
8.2 OWNER will designate a representative authorized to act on the OWNER's behalf with respect to the Project. The OWNER or such authorized representative shall render, in a timely manner, decisions pertaining to documents submitted by the CONSULTANT.
8.3 OWNER xxxx xxxxxxx surveys required by the Project, and not otherwise provided in the CONSULTANTS CONSULTANT's proposal, describing physical characteristics, legal limitations and utility locations for the site of the Project and a written legal description of the site. Surveys and legal information will include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,, dimensions and necessary data pertaining to existing buildings, other improvements and trees; utility services and lines, both public and private, above and below grade, including inverts and depths. Survey information will be referenced to the project benchmark .
8.4 OWNER xxxx xxxxxxx the services of geotechnical engineers when such services are requested by the CONSULTANTCONSULTANT .
8.5 OWNER will furnish structural, mechanical, and other laboratory and environmental tests, required by law or the Contract Documents.
8.6 OWNER will give prompt written notice to CONSULTANT if OWNER becomes aware of a fault or defect in the Project or CONSULTANT's nonconformance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's performance and share preliminary grading with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K").
Appears in 1 contract
OWNER’S RESPONSIBILITIES. 8.1 OWNER will § 5.1 Unless otherwise provided for in the Engineer Contract, the Owner shall provide information in a timely manner in response to requests from Engineer regarding requirements for and limitations on the Project, including information regarding the requirements for the Project which will set forth OWNER's Owner’s objectives, ; schedule, ; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements.
8.2 OWNER will designate § 5.2 The Owner shall establish the Owner’s budget for the Cost of the Work and update the budget as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Engineer of the adjustment and any corresponding change in the Project’s scope and quality.
§ 5.3 The Owner shall identify a representative authorized to act on the OWNER's Owner’s behalf with respect to the Project. The OWNER or such authorized representative shall render, in a timely manner, decisions pertaining to documents submitted by the CONSULTANT.
8.3 OWNER xxxx xxxxxxx surveys required by the Project, and not except as otherwise provided in the CONSULTANTS proposalAgreement. The Owner shall render decisions and approve the Engineer’s submittals in a timely manner and in accordance with the schedule set forth in the Engineer Contract.
§ 5.4 Upon Engineer’s reasonable request, describing the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project site, and a written legal description of the Project site. Surveys The surveys and legal information will shall include, as requested and applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries boundaries, and contours of the Project site; locations,, overall dimensions, and other necessary data with respect to existing buildings, other improvements, and significant trees; and information concerning existing utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to Owner benchmarks, the State Plane Coordinate System of Tennessee, and the North American 83 Datum.
8.4 OWNER xxxx xxxxxxx § 5.5 If reasonably required by the scope of the Project, the Owner shall furnish services of environmental consultants and geotechnical engineers when such services are engineers, including, if reasonably requested by the CONSULTANTEngineer, environmental assessments, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
8.5 OWNER will § 5.6 The Engineer shall coordinate its services with those services provided by the Owner’s consultants. Upon the Engineer’s request, the Owner shall furnish structuralcopies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall require that its consultants and contractors maintain insurance, mechanicalincluding professional liability insurance, as appropriate to the services or work provided.
§ 5.7 Upon Engineer’s reasonable request, the Owner shall furnish tests, inspections, and other laboratory and environmental tests, reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. Engineer shall timely advise Owner of these tests, inspections, and reports.
8.6 OWNER will give § 5.8 The Owner shall furnish all legal, insurance, and accounting services, including auditing services, that are reasonably necessary at any time for the Project to meet the Owner’s needs and interests.
§ 5.9 Both Owner and Engineer shall provide prompt written notice to CONSULTANT the other if OWNER either becomes aware of a any fault or defect in the Project Project, including errors, omissions, or CONSULTANT's nonconformance inconsistencies in the Instruments of Service.
§ 5.10 Owner shall promptly notify the Engineer of the substance of any direct communications between the Owner and the Contractor that relate to or affect the Engineer’s services. Except as otherwise provided in the Agreement or the Contract for Construction, or when direct communications have been specifically authorized, Owner shall endeavor to communicate with the Contract DocumentsEngineer’s consultants through the Engineer about matters arising out of or relating to the Engineer’s services for the Project. Notwithstanding the foregoing, Owner may communicate directly with these third parties orally or in writing, but shall copy Engineer on any written communications.
8.7 OWNER will utilize § 5.11 The Owner shall provide the Engineer a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's performance and share preliminary grading with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part signed copy of the Contract for Construction, including the General Conditions and exhibits thereto.
§ 5.12 The Owner shall provide the Engineer access to the Project file site prior to commencement of the Work and will also be added shall obligate the Contractor to a database tabulating all such performance ratings provide the Engineer access to the Work in preparation or progress. (see Attachment "K"Paragraphs deleted).
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. 8.1 OWNER will § 5.1 Unless otherwise provided for in the Architect Contract, the Owner shall provide information in a timely manner in response to requests from Architect regarding requirements for and limitations on the Project, including information regarding the requirements for the Project which will set forth OWNER's Owner’s objectives, ; schedule, ; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements.
8.2 OWNER will designate § 5.2 The Owner shall establish the Owner’s budget for the Cost of the Work and update the budget as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect of the adjustment and any corresponding change in the Project’s scope and quality.
§ 5.3 The Owner shall identify a representative authorized to act on the OWNER's Owner’s behalf with respect to the Project. The OWNER or such authorized representative shall render, in a timely manner, decisions pertaining to documents submitted by the CONSULTANT.
8.3 OWNER xxxx xxxxxxx surveys required by the Project, and not except as otherwise provided in the CONSULTANTS proposalAgreement. The Owner shall render decisions and approve the Architect’s submittals in a timely manner and in accordance with the schedule set forth in the Architect Contract.
§ 5.4 Upon Architect’s reasonable request, describing the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project site, and a written legal description of the Project site. Surveys The surveys and legal information will shall include, as requested and applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries boundaries, and contours of the Project site; locations,, overall dimensions, and other necessary data with respect to existing buildings, other improvements, and significant trees; and information concerning existing utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to Owner benchmarks, the State Plane Coordinate System of Tennessee, and the North American 83 Datum.
8.4 OWNER xxxx xxxxxxx § 5.5 If reasonably required by the scope of the Project, the Owner shall furnish services of environmental consultants and geotechnical engineers when such services are engineers, including, if reasonably requested by the CONSULTANT.
8.5 OWNER will furnish structuralArchitect, mechanicalenvironmental assessments, and other laboratory and environmental test borings, test pits, determinations of soil bearing values, percolation tests, required evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Ar Architect’s chitect shall coordinate its services with those services provided by law or the Contract Documents.
8.6 OWNER will give prompt written notice to CONSULTANT if OWNER becomes aware Owner’s consultants. Upon the request, the Owner shall furnish copies of a fault or defect the scope of services in the Project or CONSULTANT's nonconformance with contracts between the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County projectOwner and the nsultants. The Project Manager will grade CONSULTANT's performance Owner shall require that its consultants and share preliminary grading with contractors maintain insurance, including l liability insurance, as appropriate to the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K")services or work provided.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. 8.1 4.1 The OWNER will shall provide full information regarding the requirements for the Project Project, including a program which will shall set forth the OWNER's ’S objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements.
8.2 4.2 The OWNER will shall establish and update an overall budget for the Project, including the Construction cost, the OWNER’S other costs and reasonable contingencies related to all of these costs.
4.3 If requested by the ARCHITECT, the OWNER shall furnish evidence that financial arrangements have been made to fulfill the OWNER’S obligations under this Agreement.
4.4 The OWNER shall designate a representative authorized to act on the OWNER's ’S behalf with respect to the Project. The OWNER or such authorized representative shall render, render decisions in a timely manner, decisions manner pertaining to documents submitted by the CONSULTANTARCHITECT in order to avoid unreasonable delay in the orderly and sequential progress of the ARCHITECT’S services.
8.3 4.5 The OWNER xxxx xxxxxxx shall furnish surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing physical characteristics, legal limitations and utility locations for the site of the Project Project, and a written legal description of the site. Surveys The surveys and legal information will shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-of- way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
8.4 4.6 The OWNER xxxx xxxxxxx shall furnish the services of geotechnical engineers when such services are requested by the CONSULTANTARCHITECT. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
8.5 4.6.1 The OWNER will shall furnish the services of other consultants when such services are reasonable required by the scope of the Project and are requested by the ARCHITECT.
4.7 The OWNER shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
8.6 4.8 The OWNER will give prompt shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the OWNER may require to verify the Contractor’s Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the OWNER.
4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the OWNER’s expense, and the ARCHITECT shall be entitled to rely upon the accuracy and completeness thereof.
4.10 Prompt written notice shall be given by the OWNER to CONSULTANT the ARCHITECT if the OWNER becomes aware of a any fault or defect in the Project or CONSULTANT's nonconformance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure 4.11 The proposed language of certificates or certifications requested of the ARCHITECT or ARCHITECT’S consultants shall be submitted to the ARCHITECT for CONSULTANT's performance on each Milwaukee County projectreview and approval at least 14 days prior to execution. The Project Manager will grade CONSULTANT's performance and share preliminary grading with OWNER shall not request certifications that would require knowledge or services beyond the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part scope of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K")this Agreement.
Appears in 1 contract
OWNER’S RESPONSIBILITIES. 8.1 OWNER will provide shall:
3.1 Provide all criteria and full information regarding the as to OWNER's requirements for the Project Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will set forth OWNER's objectives, schedule, constraints require to be included in the drawings and criteriaspecifications.
8.2 OWNER will designate a representative authorized to act on the OWNER's behalf with respect 3.2 Assist ENGINEER by placing at his disposal all reasonably available information pertinent to the Project. The OWNER , including previous reports and any other data relative to design or such authorized representative shall render, in a timely manner, decisions pertaining to documents submitted by construction of the CONSULTANTProject.
8.3 OWNER xxxx xxxxxxx surveys 3.3 Furnish to ENGINEER, as required for performance of ENGINEER's basic services, data prepared by the Projector services of others, including without limitation core borings, probings, and not otherwise provided in the CONSULTANTS proposalsubsurface explorations, describing physical characteristicshydrographic surveys, legal limitations laboratory tests and utility locations for the site inspections of samples, materials, and equipment; appropriate professional interpretations of all of the Project foregoing; environmental assessment and a written legal description of the site. Surveys and legal information will includeimpact statements; property, as applicableboundary, grades and lines of streetseasement, alleys, pavements and adjoining property and structures; adjacent drainage; rightsright-of-way, restrictions, easements, encroachments, utility surveys; property descriptions; zoning, deed restrictionsand other land use restriction; and other special data or consultations not covered in Section 2; all of which ENGINEER may reasonably rely upon in performing his services.
3.4 Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as reasonably required for ENGINEER to perform his services.
3.5 Examine all studies, boundaries reports, sketches, drawings, specifications, proposals, and contours other documents presented by ENGINEER, obtain advice of the site; locations,
8.4 an attorney, insurance counselor, and other consultants as OWNER xxxx xxxxxxx deems appropriate for such examination and render decisions pertaining thereto within a reasonable time so as not to delay the services of geotechnical engineers when such services are requested by the CONSULTANTENGINEER.
8.5 OWNER will furnish structural3.6 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project.
3.7 Provide such accounting, mechanicalindependent cost estimating, and other laboratory insurance counseling services as may be reasonably required for the Project; such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by contractor(s); such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid to him under the construction contract; and environmental testssuch inspection services as OWNER may require to ascertain that contractor(s) are complying with any law, required by law rule, or regulation applicable to their performance of the Contract Documentswork.
8.6 OWNER will give 3.8 Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to materials, equipment, elements, and systems pertinent to ENGINEER's services.
3.9 Give prompt written notice to CONSULTANT if ENGINEER whenever OWNER observes or otherwise becomes aware of a fault any development that affects the scope or timing of ENGINEER's services, or any defect in the Project work of contractor(s).
3.10 Furnish, or CONSULTANT's nonconformance direct in writing ENGINEER to provide, necessary additional services as stipulated in Section 2 of this agreement or other services as required.
3.11 Bear all costs incidental to compliance with the Contract Documentsrequirements of this Section 3. The Parties acknowledge and agree that all such costs must be approved in advance by OWNER in writing.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's performance and share preliminary grading with the CONSULTANT. CONSULTANT will have an opportunity 3.12 Geotechnical investigations to review and comment on the performance report. The final report along with CONSULTANT comments will become part of the Project file and will also be added determine depth to a database tabulating all such performance ratings (see Attachment "K")rock.
Appears in 1 contract
Samples: Professional Services
OWNER’S RESPONSIBILITIES. 8.1 OWNER will § 5.1 Unless otherwise provided for in the Architect Contract, the Owner shall provide information in a timely manner in response to requests from Architect regarding requirements for and limitations on the Project, including information regarding the requirements for the Project which will set forth OWNER's Owner’s objectives, ; schedule, ; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements.
8.2 OWNER will designate § 5.2 The Owner shall establish the Owner’s budget for the Cost of the Work and update the budget as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect of the adjustment and any corresponding change in the Project’s scope and quality.
§ 5.3 The Owner shall identify a representative authorized to act on the OWNER's Owner’s behalf with respect to the Project. The OWNER or such authorized representative shall render, in a timely manner, decisions pertaining to documents submitted by the CONSULTANT.
8.3 OWNER xxxx xxxxxxx surveys required by the Project, and not except as otherwise provided in the CONSULTANTS proposalAgreement. The Owner shall render decisions and approve the Architect’s submittals in a timely manner and in accordance with the schedule set forth in the Architect Contract.
§ 5.4 Upon Architect’s reasonable request, describing the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project site, and a written legal description of the Project site. Surveys The surveys and legal information will shall include, as requested and applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries boundaries, and contours of the Project site; locations,, overall dimensions, and other necessary data with respect to existing buildings, other improvements, and significant trees; and information concerning existing utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to Owner benchmarks, the State Plane Coordinate System of Tennessee, and the North American 83 Datum.
8.4 OWNER xxxx xxxxxxx § 5.5 If reasonably required by the scope of the Project, the Owner shall furnish services of environmental consultants and geotechnical engineers when such services are engineers, including, if reasonably requested by the CONSULTANTArchitect, environmental assessments, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
8.5 OWNER will § 5.6 The Architect shall coordinate its services with those services provided by the Owner’s consultants. Upon the Architect’s request, the Owner shall furnish structuralcopies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall require that its consultants and contractors maintain insurance, mechanicalincluding professional liability insurance, as appropriate to the services or work provided.
§ 5.7 Upon Architect’s reasonable request, the Owner shall furnish tests, inspections, and other laboratory and environmental tests, reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. Architect shall timely advise Owner of these tests, inspections, and reports.
8.6 OWNER will give § 5.8 The Owner shall furnish all legal, insurance, and accounting services, including auditing services, that are reasonably necessary at any time for the Project to meet the Owner’s needs and interests.
§ 5.9 Both Owner and Architect shall provide prompt written notice to CONSULTANT the other if OWNER either becomes aware of a any fault or defect in the Project Project, including errors, omissions, or CONSULTANT's nonconformance inconsistencies in the Instruments of Service.
§ 5.10 Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor that relate to or affect the Architect’s services. Except as otherwise provided in the Agreement or the Contract for Construction, or when direct communications have been specifically authorized, Owner shall endeavor to communicate with the Contract DocumentsArchitect’s consultants through the Architect about matters arising out of or relating to the Architect’s services for the Project. Notwithstanding the foregoing, Owner may communicate directly with these third parties orally or in writing, but shall copy Architect on any written communications.
8.7 OWNER will utilize § 5.11 The Owner shall provide the Architect a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's performance and share preliminary grading with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part signed copy of the Contract for Construction, including the General Conditions and exhibits thereto.
§ 5.12 The Owner shall provide the Architect access to the Project file site prior to commencement of the Work and will also be added shall obligate the Contractor to a database tabulating all such performance ratings (see Attachment "K")provide the Architect access to the Work in preparation or progress.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. 8.1 OWNER will provide shall:
3.1 Provide all criteria and full information regarding the as to OWNER's requirements for the Project Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will set forth OWNER's objectives, schedule, constraints require to be included in the drawings and criteriaspecifications.
8.2 OWNER will designate a representative authorized to act on the OWNER's behalf with respect 3.2 Assist ENGINEER by placing at his disposal all reasonably available information pertinent to the Project. The OWNER , including previous reports and any other data relative to design or such authorized representative shall render, in a timely manner, decisions pertaining to documents submitted by construction of the CONSULTANTProject.
8.3 OWNER xxxx xxxxxxx surveys 3.3 Furnish to ENGINEER, as required for performance of ENGINEER's basic services, data prepared by the Projector services of others, including without limitation core borings, probings, and not otherwise provided in the CONSULTANTS proposalsubsurface explorations, describing physical characteristicshydrographic surveys, legal limitations laboratory tests and utility locations for the site inspections of samples, materials, and equipment; appropriate professional interpretations of all of the Project foregoing; environmental assessment and a written legal description of the site. Surveys and legal information will includeimpact statements; property, as applicableboundary, grades and lines of streetseasement, alleys, pavements and adjoining property and structures; adjacent drainage; rightsright-of-way, restrictions, easements, encroachments, utility surveys; property descriptions; zoning, deed restrictionsand other land use restriction; and other special data or consultations not covered in Section 2; all of which ENGINEER may reasonably rely upon in performing his services.
3.4 Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as reasonably required for ENGINEER to perform his services.
3.5 Examine all studies, boundaries reports, sketches, drawings, specifications, proposals, and contours other documents presented by ENGINEER, obtain advice of the site; locations,
8.4 an attorney, insurance counselor, and other consultants as OWNER xxxx xxxxxxx deems appropriate for such examination and render decisions pertaining thereto within a reasonable time so as not to delay the services of geotechnical engineers when such services are requested by the CONSULTANTENGINEER.
8.5 OWNER will furnish structural3.6 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project.
3.7 Provide such accounting, mechanicalindependent cost estimating, and other laboratory insurance counseling services as may be reasonably required for the Project; such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by contractor(s); such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid to him under the construction contract; and environmental testssuch inspection services as OWNER may require to ascertain that contractor(s) are complying with any law, required by law rule, or regulation applicable to their performance of the Contract Documentswork.
8.6 OWNER will give 3.8 Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this agreement. Such person shall have complete authority to transmit instructions, receive information, interpret, and define the OWNER's policies and decisions with respect to materials, equipment, elements, and systems pertinent to ENGINEER's services.
3.9 Give prompt written notice to CONSULTANT if ENGINEER whenever OWNER observes or otherwise becomes aware of a fault any development that affects the scope or timing of ENGINEER's services, or any defect in the Project work of contractor(s).
3.10 Furnish, or CONSULTANT's nonconformance direct in writing ENGINEER to provide, necessary additional services as stipulated in Section 2 of this agreement or other services as required.
3.11 Bear all costs incidental to compliance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County projectrequirements of this Section 3. The Project Manager will grade CONSULTANT's performance Parties acknowledge and share preliminary grading with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part of the Project file and will also be added to a database tabulating agree that all such performance ratings (see Attachment "K")costs must be approved in advance by the OWNER in writing.
Appears in 1 contract
Samples: Professional Services
OWNER’S RESPONSIBILITIES. 8.1 OWNER will provide information regarding The Owner shall, with the Ai·chitect's assistance, identify requirements for the Project Project, which will shall set forth OWNERthe Owner's objectives, schedule, constraints constraints, and criteria, including space requirements, relationships, flexibility, expandability, special equipment, systems and Project site requirements.
8.2 OWNER will 4.1 The Owner shall establish and update an overall budget for the Project which may include Construction Administration services (refer to Section not limited to , any other costs of the Owner, and reasonable contingencies related to all costs.
4.2 If requested by the Ai·chitect, the Owner shall provide evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement.
4.3 The Owner shall designate a an authorized representative authorized to act on the OWNEROwner's behalf with respect to the Project. .
4.3.1 The OWNER or Owner and/or such authorized representative shall render, render decisions in a timely manner, decisions manner pertaining to any documents submitted by the CONSULTANTAi·chitect to avoid unreasonable delay in the orderly and sequential progress of the Ai·chitect's services and/or work.
8.3 OWNER xxxx xxxxxxx 4.4 The Owner shall provide, at its own expense, surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing physical characteristics, legal limitations limitations, and utility locations for the Project site of the Project and a along with written legal description of the Project site. Surveys .
4.4.1 The surveys and legal information will shall include, as applicable, : grades and lines of streets, alleys, pavements pavements, and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the Project site; locations,, dimensions and necessary data Date: 02/11/2021, Rev. C PUR-F310 Page 15 of25 pertammg to existing buildings, other improvements and tress; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths.
8.4 OWNER xxxx xxxxxxx 4.4.2 All the information on the survey shall be referenced to a benchmark of a similar project of size and scope to the Project.
4.5 The Owner shall provide, at its own expense, the services of geotechnical engineers engineering when such services are requested by the CONSULTANTAl.·chitect.
8.5 OWNER will furnish structural4.5.1 Such services made include, mechanical, but are not limited to: test borings; test pits; determinations of soil-bearing values; percolation tests; evaluations of hazardous materials; ground corrosion and other laboratory and environmental resistively tests, including necessary operations for anticipating subsoil conditions with reports; and appropriate recommendations.
4.6 If requested by the Al.·chitect, the Owner shall secure, at its own expense, retain the services of other consultants/subconsultants when such services and/or work are reasonably required by law or the Contract Documents.
8.6 OWNER will give prompt written notice to CONSULTANT if OWNER becomes aware of a fault or defect in the Project or CONSULTANT's nonconformance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's performance and share preliminary grading with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part scope of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K")Project.
Appears in 1 contract
Samples: Professional Services
OWNER’S RESPONSIBILITIES. 8.1 OWNER will provide shall:
3.1 Provide all criteria and full information regarding the as to OWNER's requirements for the Project Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will set forth OWNER's objectives, schedule, constraints require to be included in the drawings and criteriaspecifications.
8.2 OWNER will designate a representative authorized to act on the OWNER's behalf with respect 3.2 Assist ENGINEER by placing at his disposal all reasonably available information pertinent to the Project. The OWNER , including previous reports and any other data relative to design or such authorized representative shall render, in a timely manner, decisions pertaining to documents submitted by construction of the CONSULTANTProject.
8.3 OWNER xxxx xxxxxxx surveys 3.3 Furnish to ENGINEER, as required for performance of ENGINEER's basic services, data prepared by the Projector services of others, including without limitation core borings, probings, and not otherwise provided in the CONSULTANTS proposalsubsurface explorations, describing physical characteristicshydrographic surveys, legal limitations laboratory tests and utility locations for the site inspections of samples, materials, and equipment; appropriate professional interpretations of all of the Project foregoing; environmental assessment and a written legal description of the site. Surveys and legal information will includeimpact statements; property, as applicableboundary, grades and lines of streetseasement, alleys, pavements and adjoining property and structures; adjacent drainage; rightsright-of-way, restrictions, easements, encroachments, utility surveys; property descriptions; zoning, deed restrictionsand other land use restriction; and other special data or consultations not covered in Section 2; all of which ENGINEER may reasonably rely upon in performing his services.
3.4 Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as reasonably required for ENGINEER to perform his services.
3.5 Examine all studies, boundaries reports, sketches, drawings, specifications, proposals, and contours other documents presented by ENGINEER, obtain advice of the site; locations,
8.4 an attorney, insurance counselor, and other consultants as OWNER xxxx xxxxxxx deems appropriate for such examination and render decisions pertaining thereto within a reasonable time so as not to delay the services of geotechnical engineers when such services are requested by the CONSULTANTENGINEER.
8.5 OWNER will furnish structural3.6 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project.
3.7 Provide such accounting, mechanicalindependent cost estimating, and other laboratory insurance counseling services as may be reasonably required for the Project; such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by contractor(s); such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid to him under the construction contract; and environmental testssuch inspection services as OWNER may require to ascertain that contractor(s) are complying with any law, required by law rule, or regulation applicable to their performance of the Contract Documentswork.
8.6 OWNER will give 3.8 Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to materials, equipment, elements, and systems pertinent to ENGINEER's services.
3.9 Give prompt written notice to CONSULTANT if ENGINEER whenever OWNER observes or otherwise becomes aware of a fault any development that affects the scope or timing of ENGINEER's services, or any defect in the Project work of contractor(s).
3.10 Furnish, or CONSULTANT's nonconformance direct in writing ENGINEER to provide, necessary additional services as stipulated in Section 2 of this agreement or other services as required.
3.11 Bear all costs incidental to compliance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure for CONSULTANT's performance on each Milwaukee County projectrequirements of this Section 3. The Project Manager will grade CONSULTANT's performance Parties acknowledge and share preliminary grading with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part of the Project file and will also be added to a database tabulating agree that all such performance ratings (see Attachment "K")costs must be approved in advance by OWNER in writing.
Appears in 1 contract
Samples: Professional Services
OWNER’S RESPONSIBILITIES. 8.1 OWNER will provide information 4.1 The Owner shall consult with the Design Professional regarding the requirements for the Project which will set forth OWNERProject, including (1) the Owner's objectives, schedule, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more specifically described in Subsection 2.2.1.
8.2 OWNER will 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative authorized to act on the OWNEROwner's behalf with respect to the Project. The OWNER Owner or such authorized representative shall render, render decisions in a timely manner, decisions manner pertaining to documents submitted by the CONSULTANTDesign Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services.
8.3 OWNER xxxx xxxxxxx 4.5 Where applicable, the Owner shall furnish surveys required by the Project, and not otherwise provided in the CONSULTANTS proposal, describing physical characteristics, legal limitations and utility locations for the site of the Project Project, and a written legal description of the site. Surveys The surveys and legal information will shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark.
8.4 OWNER xxxx xxxxxxx 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the CONSULTANTDesign Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
8.5 OWNER will 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
8.6 OWNER will 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to CONSULTANT the Design Professional if OWNER the Owner becomes aware of a any fault or defect in the Project or CONSULTANT's nonconformance with the Contract Documents.
8.7 OWNER will utilize a consultant grading procedure 4.11 Design Professional shall propose language for CONSULTANTcertificates or certifications to be requested of the Design Professional or Design Professional's performance on each Milwaukee County projectconsultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Project Manager will grade CONSULTANT's performance and share preliminary grading with Owner agrees not to request certifications that would require knowledge or services beyond the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part scope of the Project file and will also be added to a database tabulating all such performance ratings (see Attachment "K")Agreement.
Appears in 1 contract
Samples: Professional Services Agreement
OWNER’S RESPONSIBILITIES. 8.1 OWNER will § 5.1 Unless otherwise provided for in the Engineer Contract, the Owner shall provide information in a timely manner in response to requests from Engineer regarding requirements for and limitations on the Project, including information regarding the requirements for the Project which will set forth OWNER's Owner’s objectives, ; schedule, ; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements.
8.2 OWNER will designate § 5.2 The Owner shall establish the Owner’s budget for the Cost of the Work and update the budget as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Engineer of the adjustment and any corresponding change in the Project’s scope and quality.
§ 5.3 The Owner shall identify a representative authorized to act on the OWNER's Owner’s behalf with respect to the Project. The OWNER or such authorized representative shall render, in a timely manner, decisions pertaining to documents submitted by the CONSULTANT.
8.3 OWNER xxxx xxxxxxx surveys required by the Project, and not except as otherwise provided in the CONSULTANTS proposalAgreement. The Owner shall render decisions and approve the Engineer’s submittals in a timely manner and in accordance with the schedule set forth in the Engineer Contract.
§ 5.4 Upon Engineer’s reasonable request, describing the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project site, and a written legal description of the Project site. Surveys The surveys and legal information will shall include, as requested and applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries boundaries, and contours of the Project site; locations,, overall dimensions, and other necessary data with respect to existing buildings, other improvements, and significant trees; and information concerning existing utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to Owner benchmarks, the State Plane Coordinate System of Tennessee, and the North American 83 Datum.
8.4 OWNER xxxx xxxxxxx § 5.5 If reasonably required by the scope of the Project, the Owner shall furnish services of environmental consultants and geotechnical engineers when such services are engineers, including, if reasonably requested by the CONSULTANTEngineer, environmental assessments, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
8.5 OWNER will § 5.6 The Engineer shall coordinate its services with those services provided by the Owner’s consultants. Upon the Engineer’s request, the Owner shall furnish structuralcopies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall require that its consultants and contractors maintain insurance, mechanicalincluding professional liability insurance, as appropriate to the services or work provided.
§ 5.7 Upon Engineer’s reasonable request, the Owner shall furnish tests, inspections, and other laboratory and environmental tests, reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. Engineer shall timely advise Owner of these tests, inspections, and reports.
8.6 OWNER will give § 5.8 The Owner shall furnish all legal, insurance, and accounting services, including auditing services, that are reasonably necessary at any time for the Project to meet the Owner’s needs and interests.
§ 5.9 Both Owner and Engineer shall provide prompt written notice to CONSULTANT the other if OWNER either becomes aware of a any fault or defect in the Project Project, including errors, omissions, or CONSULTANT's nonconformance inconsistencies in the Instruments of Service.
§ 5.10 Owner shall promptly notify the Engineer of the substance of any direct communications between the Owner and the Contractor that relate to or affect the Engineer’s services. Except as otherwise provided in the Agreement or the Contract for Construction, or when direct communications have been specifically authorized, Owner shall endeavor to communicate with the Contract DocumentsEngineer’s consultants through the Engineer about matters arising out of or relating to the Engineer’s services for the Project. Notwithstanding the foregoing, Owner may communicate directly with these third parties orally or in writing, but shall copy Engineer on any written communications.
8.7 OWNER will utilize § 5.11 The Owner shall provide the Engineer a consultant grading procedure for CONSULTANT's performance on each Milwaukee County project. The Project Manager will grade CONSULTANT's performance and share preliminary grading with the CONSULTANT. CONSULTANT will have an opportunity to review and comment on the performance report. The final report along with CONSULTANT comments will become part signed copy of the Contract for Construction, including the General Conditions and exhibits thereto.
§ 5.12 The Owner shall provide the Engineer access to the Project file site prior to commencement of the Work and will also be added shall obligate the Contractor to a database tabulating all such performance ratings (see Attachment "K")provide the Engineer access to the Work in preparation or progress.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect