Common use of OWNER’S RESPONSIBILITIES Clause in Contracts

OWNER’S RESPONSIBILITIES. The Owner shall provide full information to the Consultant about the objectives, schedule, constraints, and existing conditions of the project, and shall establish a budget, with reasonable contingencies, which covers the project requirements. The Owner shall provide design criteria, including space requirements and relationships, special equipment and systems, and site requirements. When required by the project, the Owner shall provide a survey which describes physical characteristics, legal limitations, and utility locations for the site of the project, plus a written legal description of the site. The survey and legal information 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 of existing buildings, other improvements, and trees. All the information on the survey shall be referenced to a project benchmark. The Owner may direct the Consultant to obtain the survey and reimburse the Consultant for the cost. When required by the project, the Owner shall provide geo-technical engineering services which may include but are not limited to test borings, test pits, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. The Owner may direct the Consultant to obtain the geo-technical engineering services and reimburse the Consultant for the cost. However, the Consultant shall be responsible as part of Basic Services for the development of the scope of work required to solicit information relative to subsoil conditions for the project site, pertaining to foundation design and septic system design, if applicable. The Owner shall provide reasonable access to the project site in order for the Consultant to perform the Consultant’s responsibilities. The Owner shall communicate about matters relating to the Contract Documents primarily through the Consultant to the Subconsultants and through the Consultant to the Contractor. The Owner shall manage the Project Budget and inform the Consultant and the Contractor, as necessary, of revisions to the budget. Bid and Project Contingency funds may be expended only with written approval of the Owner. The Owner shall, in the event the lowest bona fide bid or negotiated bid exceeds the cost of the Work, implement one of the following options by written directive: instruct the Consultant to revise the project design as needed, based on an altered scope or design parameters, to align with the project budget, or approve of an increase in the budget for construction, or authorize re-bidding or renegotiating of the project within a reasonable time, or terminate the project. The Owner shall advise the Consultant of any known Owner-related reviews or approval processes of third parties which the Consultant may not be aware, yet requires work of the Consultant. The Owner shall coordinate the services provided by the Owner’s other consultants with those services provided by the Consultant and their Subconsultants. The Owner shall provide timely responses to the Consultant’s recommendations and advice. The Owner shall perform all responsibilities as expeditiously as possible, consistent with normal skill and care and the orderly progress of the project.

Appears in 6 contracts

Sources: Architect / Engineer Agreement, Architect / Engineer Agreement, Architect / Engineer Agreement

OWNER’S RESPONSIBILITIES. The Owner shall will provide full information the Design Criteria Package for the Project pursuant to the Consultant about the objectives, schedule, constraints, and existing conditions of the project, and shall establish a budget, with reasonable contingencies, which covers the project requirementsTexas Education Code section 51.780(a)(3). The Owner shall will provide design criteriaa preliminary project budget and schedule for the Project. The budget will include the Construction Cost Limitation, including space requirements and relationships, special equipment and systemscontingencies for changes in the Work during construction, and site requirements. When required by other costs which are the project, the Owner shall provide a survey which describes physical characteristics, legal limitations, and utility locations for the site of the project, plus a written legal description of the site. The survey and legal information 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 of existing buildings, other improvements, and trees. All the information on the survey shall be referenced to a project benchmark. The Owner may direct the Consultant to obtain the survey and reimburse the Consultant for the cost. When required by the project, the Owner shall provide geo-technical engineering services which may include but are not limited to test borings, test pits, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. The Owner may direct the Consultant to obtain the geo-technical engineering services and reimburse the Consultant for the cost. However, the Consultant shall be responsible as part of Basic Services for the development of the scope of work required to solicit information relative to subsoil conditions for the project site, pertaining to foundation design and septic system design, if applicable. The Owner shall provide reasonable access to the project site in order for the Consultant to perform the Consultant’s responsibilities. The Owner shall communicate about matters relating to the Contract Documents primarily through the Consultant to the Subconsultants and through the Consultant to the Contractor. The Owner shall manage the Project Budget and inform the Consultant and the Contractor, as necessary, of revisions to the budget. Bid and Project Contingency funds may be expended only with written approval responsibility of the Owner. The schedule will set forth the Owner’s plan for milestone dates and completion of the Project. The Owner shall, will designate a representative authorized to act in the event Owner’s behalf with respect to the lowest bona fide bid Project. The Owner’s Designated Representative shall examine the documents submitted by the Design/Build Contractor and shall render decisions pertaining thereto. The Owner, at Owner’s cost, will secure the services of surveyors, soils engineers, existing facility surveys, testing and balancing, hazardous materials surveys, laboratory testing, environmental or negotiated bid exceeds other special consultants to develop such additional information as may be necessary for the cost design of the Work, implement one of the following options by written directive: instruct the Consultant to revise the project design as needed, based on an altered scope or design parameters, to align with the project budget, or approve of an increase in the budget for construction, or authorize re-bidding or renegotiating of the project within a reasonable time, or terminate the project. The Design/Build Contractor shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. The Owner shall advise arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as specified to be performed by the Consultant of any known Owner-related reviews Owner in the Construction Documents. The Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. The Owner shall examine the design documents submitted by the Design/Build Contractor and provide comments concerning corrections or approval processes of third parties which amendments to such documents in writing to the Consultant Design/Build Contractor. The Owner may not be aware, yet requires work obtain independent review of the design documents by its own Design Consultant. The Owner shall coordinate may require the services provided by the Owner’s other consultants with those services provided by the Consultant and their SubconsultantsDesign/Build Contractor to halt production during design review. The Owner shall provide timely responses to the Consultant’s recommendations furnish required information and advice. The Owner services and shall perform all responsibilities render approvals and decisions as expeditiously as possible, is consistent with normal reasonable skill and care and the orderly progress of the projectDesign/Build Contractor’s services and of the Work. The Owner may designate one or more Construction Inspectors of its own who shall be given access to the Work as requested or needed. The provision of such Inspectors by Owner shall not reduce or lessen in any respect Design/Build Contractor’s responsibilities for the Work. Design/Build Contractor shall remain fully and solely responsible for the drawings, specifications, and other contract documents furnished or provided by Design/Build Contractor, and for constructing the Project in strict accordance with the Contract Documents. Owner shall have the right to reject any defective Work on the Project. Should Design/Build Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Design/Build Contractor on demand.

Appears in 5 contracts

Sources: Design/Build Agreement, Design/Build Agreement, Design/Build Agreement

OWNER’S RESPONSIBILITIES. The Owner 3.1 OWNER shall provide full information designate in writing a project coordinator to act as OWNER’s representative with respect to the Consultant about the objectives, schedule, constraints, and existing conditions of the project, and shall establish a budget, with reasonable contingencies, which covers the project requirementsservices to be rendered under this Agreement (“Project Manager”). The Owner Project Manager shall provide design criteriahave authority to transmit instructions, including space requirements receive information, interpret and relationships, special equipment define OWNER’s policies and systems, and site requirements. When required by the project, the Owner shall provide a survey which describes physical characteristics, legal limitations, and utility locations decisions with respect to DESIGN PROFESSIONAL’s Services for the site of the project, plus a written legal description of the site. The survey and legal information 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 of existing buildings, other improvements, and trees. All the information on the survey shall be referenced to a project benchmark. The Owner may direct the Consultant to obtain the survey and reimburse the Consultant for the cost. When required by the project, the Owner shall provide geo-technical engineering services which may include but are not limited to test borings, test pits, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. The Owner may direct the Consultant to obtain the geo-technical engineering services and reimburse the Consultant for the costProject. However, except as may be otherwise expressly authorized in writing by the Consultant shall 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 not be responsible as for the costs of Additional Services commenced without its express prior written approval. Failure to obtain prior written approval for Additional Services waives DESIGN PROFESSIONAL’s claim that it performed Additional Services and, instead, such services will be deemed to 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 development 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 scope of work required to solicit information relative to subsoil conditions Project. 3.4 OWNER shall arrange for the project site, pertaining to foundation design and septic system design, if applicable. The Owner shall provide reasonable access to and make all provisions for DESIGN PROFESSIONAL to enter the project Project site in order for the Consultant to perform the Consultant’s responsibilitiesServices to be provided by DESIGN PROFESSIONAL under this Agreement. The Owner 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 communicate about matters relating provide written notice to DESIGN PROFESSIONAL of any deficiencies or defects discovered by OWNER with respect to the Contract Documents primarily through Basic Services to be rendered by DESIGN PROFESSIONAL hereunder. 3.6 Wherever the Consultant terms of this Agreement refer to the Subconsultants and through the Consultant to the Contractor. The Owner shall manage the Project Budget and inform the Consultant and the Contractorsome action, as necessary, of revisions to the budget. Bid and Project Contingency funds may be expended only with written approval of the Owner. The Owner shall, in the event the lowest bona fide bid or negotiated bid exceeds the cost of the Work, implement one of the following options by written directive: instruct the Consultant to revise the project design as needed, based on an altered scope or design parameters, to align with the project budgetconsent, or approve approval (excluding approvals of an increase in the budget for construction, Additional Services or authorize re-bidding or renegotiating of the project within a reasonable time, or terminate the project. The Owner shall advise the Consultant of any known Owner-related reviews or approval processes of third parties which the Consultant may not changes to this Agreement) to be aware, yet requires work of the Consultant. The Owner shall coordinate the services provided by the OwnerOWNER or some notice, report or document is to be provided to OWNER, such reference to “OWNER” shall mean OWNER’s other consultants with those services provided Project Manager, unless otherwise stated by the Consultant and their Subconsultants. The Owner shall provide timely responses to the Consultant’s recommendations and advice. The Owner shall perform all responsibilities as expeditiously as possible, consistent with normal skill and care and the orderly progress of the projectOWNER in writing.

Appears in 4 contracts

Sources: Design Professional Services Agreement, Design Professional Services Agreement, Design Professional Services Agreement

OWNER’S RESPONSIBILITIES. The Owner shall provide full information to the Consultant about the objectives, schedule, constraints, constraints and existing conditions of the project, and shall establish a budget, budget with reasonable contingencies, which covers contingencies that matches the project requirements. The Owner shall provide design criteria, including space requirements and relationships, special equipment and systems, and site requirements. When required by the project, the Owner shall provide a survey which describes physical characteristics, legal limitations, limitations and utility locations for the site of the projectProject, plus a written legal description of the site. The survey and legal information 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, boundaries and contours of the site; locations, dimensions of existing buildings, other improvements, improvements and trees. All the information on the survey shall be referenced to a project benchmark. The Owner may direct the Consultant to obtain the survey and reimburse the Consultant for the cost. When required by the project, the Owner shall provide geo-technical engineering services which may include but are not limited to test borings, test pits, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. The Owner may direct the Consultant to obtain the geo-technical engineering services and reimburse the Consultant for the cost. However, the Consultant shall be responsible as part of Basic Services for the development of the scope of work required to solicit information relative to subsoil conditions for the project Project site, pertaining to foundation design and septic system design, if applicable. The Owner shall provide reasonable access to the project Project site in order for the Consultant to perform the Consultant’s responsibilities. The Owner shall communicate about matters relating to the Contract Documents primarily through the Consultant to the Subconsultants and through the Consultant to the Contractor. The Owner shall manage the Project Budget and inform the Consultant and the Contractor, as necessary, of revisions to the budget. Bid and Project Contingency funds may be expended only with written approval of the Owner. The Owner shall, in the event the lowest bona fide bid or negotiated bid exceeds the cost of the Work, implement one of the following options by written directive: instruct the Consultant to revise the project design as needed, based on an altered Project scope or design parameters, as needed to align with the project budget, or approve of an increase in the budget for construction, or authorize re-bidding or renegotiating of the project Project within a reasonable time, or terminate the projectProject. The Owner shall advise the Consultant of any known Owner-related reviews or approval processes of third parties which the Consultant may not be aware, yet requires work of the Consultant. The Owner shall coordinate the services provided by the Owner’s other consultants with those services provided by the Consultant and their Subconsultants. The Owner shall provide timely responses to the Consultant’s recommendations and advice. The Owner shall perform all responsibilities as expeditiously as possible, consistent with normal skill and care and the orderly progress of the projectProject.

Appears in 4 contracts

Sources: Architect / Engineer Agreement, Architect / Engineer Agreement, Architect / Engineer Agreement

OWNER’S RESPONSIBILITIES. 4.1 The Owner shall provide full information to consult with the Consultant about Design Professional regarding requirements for the Project, including (1) the Owner's objectives, schedule, constraints, (2) schedule and existing conditions of the project, design constraints and shall establish a budget, with reasonable contingencies, which covers the project requirements. The Owner shall provide design criteria, including space requirements and relationships, flexibility, expendability, special equipment and systemsequipment, systems and site requirements. When required , as more speci- fically described in Subsection 2.2.1. 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 projectDesign Professional, the Owner shall provide furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a survey which describes representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations, limitations and utility locations for the site of the projectProject, plus and a written legal description of the site. The survey surveys and legal information 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 of existing buildings, other improvements, and trees. All the information on the survey shall be referenced to a project benchmark. The Owner may direct the Consultant to obtain the survey and reimburse the Consultant for the cost. When required by the projectand 4.6 Where applicable, the Owner shall provide geo-technical engineering furnish the services which of geotechnical engineers when such services are requested by the Design 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 tests and resistivity re- sistivity tests, including necessary operations for anticipating subsoil sub-soil conditions, with reports and appropriate professional recommendations. 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. 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 the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner may direct the Consultant agrees not to obtain the geo-technical engineering request certifications that would require knowledge or services and reimburse the Consultant for the cost. However, the Consultant shall be responsible as part of Basic Services for the development of beyond the scope of work required to solicit information relative to subsoil conditions for the project site, pertaining to foundation design and septic system design, if applicable. The Owner shall provide reasonable access to the project site in order for the Consultant to perform the Consultant’s responsibilities. The Owner shall communicate about matters relating to the Contract Documents primarily through the Consultant to the Subconsultants and through the Consultant to the Contractor. The Owner shall manage the Project Budget and inform the Consultant and the Contractor, as necessary, of revisions to the budget. Bid and Project Contingency funds may be expended only with written approval of the Owner. The Owner shall, in the event the lowest bona fide bid or negotiated bid exceeds the cost of the Work, implement one of the following options by written directive: instruct the Consultant to revise the project design as needed, based on an altered scope or design parameters, to align with the project budget, or approve of an increase in the budget for construction, or authorize re-bidding or renegotiating of the project within a reasonable time, or terminate the project. The Owner shall advise the Consultant of any known Owner-related reviews or approval processes of third parties which the Consultant may not be aware, yet requires work of the Consultant. The Owner shall coordinate the services provided by the Owner’s other consultants with those services provided by the Consultant and their Subconsultants. The Owner shall provide timely responses to the Consultant’s recommendations and advice. The Owner shall perform all responsibilities as expeditiously as possible, consistent with normal skill and care and the orderly progress of the projectAgreement.

Appears in 3 contracts

Sources: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement

OWNER’S RESPONSIBILITIES. The 3.1 Owner shall shall, during the term of this Agreement, provide full to Designer full, accurate and complete information regarding the requirements for the Project. 3.2 Owner may designate, when necessary or appropriate for the expeditious completion of the Project, a representative authorized to act on his behalf with respect to the Consultant about the objectives, schedule, constraintsProject. Owner or his representative shall examine documents submitted by Designer, and existing conditions owner or his representative shall render decisions pertaining to such documents promptly in order to avoid unreasonable delay in the progress of the project, and shall establish services to be performed by Designer under this Agreement. 3.3 Owner has furnished a budget, with reasonable contingencies, which covers the project requirements. The Owner shall provide design criteria, including space requirements and relationships, special equipment and systems, and site requirements. When required by the project, the Owner shall provide a certified land survey which describes physical characteristics, legal limitations, and utility locations of recent date for the site of the projectProject, plus a written legal description of the site. The survey and legal information shall includereflecting, as applicable, : grades and lines of streets, alleys, pavements pavement, and adjoining property and structures; adjacent drainageproperty; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, boundaries and contours of the sitesite of the Project; locations, dimensions of and complete data pertaining to existing buildingsbuildings and trees; and full information concerning available service and utility lines both private and public, other improvementsabove and below grade, including inverts and depths. Owner shall also furnish to Designer, as applicable, zoning restrictions, deed restrictions, and trees. All the hydrological information on the survey shall be referenced to a project benchmark. The Owner may direct the Consultant to obtain the survey and reimburse the Consultant for the cost. When required by the project, the Owner shall provide geo-technical engineering services which may include but are not limited to test borings, test pits, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. The Owner may direct the Consultant to obtain the geo-technical engineering services and reimburse the Consultant for the cost. However, the Consultant shall be responsible as part of Basic Services for the development of the scope of work required to solicit information relative to subsoil conditions for the project site, pertaining to foundation design and septic system design, if applicable. The Owner shall provide reasonable access to the project site in order for the Consultant to perform the Consultant’s responsibilities. The Owner shall communicate about matters relating to the Contract Documents primarily through site of the Consultant to the Subconsultants and through the Consultant to the Contractor. The Project. 3.4 Owner shall manage furnish the services of consultants when such services are deemed necessary or appropriate by Designer. Such consultants may include, among others, geotechnical engineers, environmental consultants, civil engineers, irrigation Designers and planners. 3.5 Owner shall furnish any laboratory test, inspection or report as required by law or the Construction Documents. 3.6 Owner shall furnish such legal, accounting and insurance counseling services as may be necessary for the Project, including without limitation, such auditing services as may be required to ascertain how or for what purposes the Contractor has used the monies paid to him under the Construction Contract. 3.7 The services, information, surveys and reports required by this Article III shall be furnished by Owner in an expeditious manner and at Owner's expense, and Designer shall be entitled to rely upon the accuracy and completeness thereof. 3.8 If Owner observes or otherwise becomes aware of any fault or defect in the Project Budget and inform the Consultant and the Contractor, as necessary, of revisions to the budget. Bid and Project Contingency funds may be expended only with written approval or any nonconformance of the Owner. The Owner shall, in the event the lowest bona fide bid or negotiated bid exceeds the cost of the Work, implement one of the following options by written directive: instruct the Consultant to revise the project design as needed, based on an altered scope or design parameters, to align Project with the project budgetConstruction Documents, or approve of an increase in the budget for construction, or authorize re-bidding or renegotiating of the project within a reasonable time, or terminate the project. The Owner he shall advise the Consultant of any known Owner-related reviews or approval processes of third parties which the Consultant may not be aware, yet requires work of the Consultant. The Owner shall coordinate the services provided by the Owner’s other consultants with those services provided by the Consultant and their Subconsultants. The Owner shall provide timely responses give prompt written notice thereof to the Consultant’s recommendations and advice. The Owner shall perform all responsibilities as expeditiously as possible, consistent with normal skill and care and the orderly progress of the projectDesigner.

Appears in 2 contracts

Sources: Workshop Meeting Agenda, Workshop Meeting Agenda

OWNER’S RESPONSIBILITIES. 4.1 The Owner shall provide full information to consult with the Consultant about Design Professional regarding requirements for the Project, including (1) the Owner’s objectives, schedule, constraints, (2) schedule and existing conditions of the project, design constraints and shall establish a budget, with reasonable contingencies, which covers the project requirements. The Owner shall provide design criteria, including space requirements and relationships, flexibility, expendability, special equipment and systemsequipment, systems and site requirements. When required , as more speci- fically described in Subsection 2.2.1. 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 projectDesign Professional, the Owner shall provide furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a survey which describes representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations, limitations and utility locations for the site of the projectProject, plus and a written legal description of the site. The survey surveys and legal information 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, boundaries and contours of the site; locations, dimensions of and necessary data pertaining to existing buildings, other improvements, 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. The Owner may direct the Consultant to obtain the survey and reimburse the Consultant for the cost. When required by the project. 4.6 Where applicable, the Owner shall provide geo-technical engineering furnish the services which of geotechnical engineers when such services are requested by the Design 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 tests and resistivity re- sistivity tests, including necessary operations for anticipating subsoil sub-soil conditions, with reports and appropriate professional recommendations. 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. 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 the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner may direct the Consultant agrees not to obtain the geo-technical engineering request certifications that would require knowledge or services and reimburse the Consultant for the cost. However, the Consultant shall be responsible as part of Basic Services for the development of beyond the scope of work required to solicit information relative to subsoil conditions for the project site, pertaining to foundation design and septic system design, if applicable. The Owner shall provide reasonable access to the project site in order for the Consultant to perform the Consultant’s responsibilities. The Owner shall communicate about matters relating to the Contract Documents primarily through the Consultant to the Subconsultants and through the Consultant to the Contractor. The Owner shall manage the Project Budget and inform the Consultant and the Contractor, as necessary, of revisions to the budget. Bid and Project Contingency funds may be expended only with written approval of the Owner. The Owner shall, in the event the lowest bona fide bid or negotiated bid exceeds the cost of the Work, implement one of the following options by written directive: instruct the Consultant to revise the project design as needed, based on an altered scope or design parameters, to align with the project budget, or approve of an increase in the budget for construction, or authorize re-bidding or renegotiating of the project within a reasonable time, or terminate the project. The Owner shall advise the Consultant of any known Owner-related reviews or approval processes of third parties which the Consultant may not be aware, yet requires work of the Consultant. The Owner shall coordinate the services provided by the Owner’s other consultants with those services provided by the Consultant and their Subconsultants. The Owner shall provide timely responses to the Consultant’s recommendations and advice. The Owner shall perform all responsibilities as expeditiously as possible, consistent with normal skill and care and the orderly progress of the projectAgreement.

Appears in 2 contracts

Sources: Professional Services Agreement, Professional Services

OWNER’S RESPONSIBILITIES. The ▇. ▇▇▇▇▇ County ("Owner" or "County") shall designate in writing a representative authorized to act on its behalf with respect to this Agreement. B. Before any work is to begin under the terms of this Agreement, Owner shall provide full information issue Architect and/or Engineer ("A/E") a written Authorization to Proceed. Any work performed by A/E prior to receipt of the Authorization to Proceed shall be performed at A/E's risk. C. Owner shall consult with A/E regarding the general and specific requirements for the Project and shall furnish A/E a copy of Owner's Project guidelines, including functional requirements, technical requirements, site requirements, sustainable design requirements, and any other conditions peculiar to the Consultant about Project that may affect the objectivesdesign, location, schedule, constraintsor cost. D. Owner may incorporate into the Project documents, drawings, and existing conditions specifications provided by consultants retained directly by Owner. In such cases, authorship of such Contract Documents will be clearly identified. E. Owner shall furnish required information, approvals and services as expeditiously as necessary for the orderly progress of the projectWork. A/E shall promptly notify Owner in writing in the event orderly progress of the Work is disrupted by failure of Owner to provide such information, approvals or services, and the Project Schedule shall establish a be adjusted as mutually agreed. F. When the Construction Cost Estimates or the lowest responsive, responsible bids differ from the project budget, with reasonable contingencies, which covers the project requirements. The Owner shall provide cooperate with A/E in making necessary program, design criteria, including space requirements alternatives and relationships, special equipment and systems, and site requirements. When required by budget decisions to reconcile the project, the differences. G. Owner shall provide a survey which describes physical characteristicsreimburse the A/E for or shall separately furnish, legal limitations, and utility locations if reasonably required for the site of the projectProject and requested by A/E, plus a written legal description land survey of the site, prepared by a registered land surveyor. The survey and legal information shall include, as applicable, indicate applicable grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; property, rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, boundaries and contours of the site; . The survey shall also indicate locations, dimensions of dimensions, and data pertaining to existing buildings, other improvementsimprovements and trees, and treesinformation concerning location of service and utility lines, both public and private, above and below grade, including inverts and depths as indicated by available records. All the information on the The survey shall be referenced to a project Project benchmark. The . H. Owner may direct shall arrange and pay for the Consultant to obtain the survey required advertisements for bid and other legal notices. I. Owner shall reimburse the Consultant A/E for or shall separately furnish the cost. When services of a geotechnical engineer or other similar consultant necessary for determining soil, subsoil, and air or water conditions if such services are reasonably required by the project, the Owner shall provide geo-technical engineering Project. Such services which may include but are not limited to test borings, test pits, evaluations of hazardous materialssoil bearing values, ground corrosion tests and resistivity percolation tests, including air and water pollution tests, and other necessary operations for anticipating subsoil determining soil, subsoil, air, or water conditions. Here, with reports A/E has indicated that the only geotechnical work needed pertains to infiltration rates along the roadway for frontage and appropriate recommendationsstormwater design, and therefore that is the sole geotechnical work Owner shall supply. The Owner may direct the Consultant to obtain the geo-technical engineering supply other geotechnical information in its sole discretion. J. Owner shall furnish other applicable testing services and reimburse the Consultant if reasonably required for the cost. HoweverProject. K. The A/E may reasonably rely upon the accuracy and completeness of Owner furnished services, information, surveys and reports required by Article I. L. Owner will assist the Consultant shall be responsible as part of Basic Services for A/E in coordinating the development of the scope of work required to solicit information relative to subsoil conditions for the project site, pertaining to foundation design and septic system design, if applicable. The Project with all Agencies Having Jurisdiction (AHJ). M. Owner shall provide reasonable access to the project site in order information for the Consultant to perform the ConsultantProject, including a program that shall set forth Owner’s responsibilities. The objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. N. Owner shall communicate about matters relating to the Contract Documents primarily through the Consultant to the Subconsultants establish and through the Consultant to the Contractor. The Owner shall manage the Project Budget and inform the Consultant and the Contractor, as necessary, of revisions to the budget. Bid and Project Contingency funds may be expended only with written approval of the Owner. The Owner shall, in the event the lowest bona fide bid or negotiated bid exceeds the cost of the Work, implement one of the following options by written directive: instruct the Consultant to revise the project design as needed, based on update an altered scope or design parameters, to align with the project budget, or approve of an increase in the overall budget for constructionthe Project, or authorize re-bidding or renegotiating including the construction cost, Owner's other costs, and reasonable contingencies related to all of the project within a reasonable time, or terminate the project. The Owner shall advise the Consultant of any known Owner-related reviews or approval processes of third parties which the Consultant may not be aware, yet requires work of the Consultant. The Owner shall coordinate the services provided by the Owner’s other consultants with those services provided by the Consultant and their Subconsultants. The Owner shall provide timely responses to the Consultant’s recommendations and advice. The Owner shall perform all responsibilities as expeditiously as possible, consistent with normal skill and care and the orderly progress of the projectthese costs.

Appears in 1 contract

Sources: Architectural and Engineering Consulting Services Agreement

OWNER’S RESPONSIBILITIES. The § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide full information to in a timely manner regarding requirements for and limitations on the Consultant about the objectivesProject, schedule, constraints, and existing conditions of the project, and shall establish including a budget, with reasonable contingencieswritten program, which covers shall set forth the project requirements. The Owner shall provide design Owner’s objectives; schedule; constraints and criteria, including space requirements and relationships, ; flexibility; expandability; special equipment and 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. When required by The Owner shall update the projectOwner’s budget for the Project 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 § 5.3 The Owner shall provide identify a survey which describes representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations, limitations and utility locations for the site of the projectProject, plus and a written legal description of the site. The survey surveys and legal information 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, boundaries and contours of the site; locations, dimensions of dimensions, and other necessary data with respect to existing buildings, other improvements, 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 Project benchmark. . § 5.5 The Owner may direct the Consultant to obtain the survey and reimburse the Consultant for the cost. When required by the projectshall furnish services of geotechnical engineers, the Owner shall provide geo-technical engineering services which may include but are not limited to 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. The Owner may direct the Consultant to obtain the geo-technical engineering services and reimburse the Consultant for the cost. However, the Consultant shall be responsible as part of Basic Services for the development of the scope of work required to solicit information relative to subsoil conditions for the project site, pertaining to foundation design and septic system design, if applicable. . § 5.6 The Owner shall provide reasonable access to the project site Supplemental Services designated as the Owner’s responsibility in order for Section 4.1.1. § 5.7 If the Consultant to perform Owner identified a Sustainable Objective in Article 1, the Consultant’s responsibilities. The Owner shall communicate about matters relating fulfill its responsibilities as required in AIA Document E204™–2017, Sustainable Projects Exhibit, attached to the Contract Documents primarily through the Consultant to the Subconsultants and through the Consultant to the Contractor. The Owner shall manage the Project Budget and inform the Consultant and the Contractor, as necessary, of revisions to the budget. Bid and Project Contingency funds may be expended only with written approval of the Owner. The Owner shall, in the event the lowest bona fide bid or negotiated bid exceeds the cost of the Work, implement one of the following options by written directive: instruct the Consultant to revise the project design as needed, based on an altered scope or design parameters, to align with the project budget, or approve of an increase in the budget for construction, or authorize re-bidding or renegotiating of the project within a reasonable time, or terminate the project. The Owner shall advise the Consultant of any known Owner-related reviews or approval processes of third parties which the Consultant may not be aware, yet requires work of the Consultant. this Agreement. § 5.8 The Owner shall coordinate the services provided by the Owner’s other of its own consultants with those services provided by the Consultant Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and their Subconsultantsthe Owner’s consultants. The Owner shall provide timely responses 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 Consultant’s recommendations Architect requests such services and advicedemonstrates that they are reasonably required by the scope of the Project. The Owner shall perform require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.9 The Owner shall furnish 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. § 5.10 The Owner shall furnish all responsibilities as expeditiously as possiblelegal, consistent 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 the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with normal skill and care the Contractor that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the orderly progress of Contractor otherwise relating to the projectProject. Communications by and with the Architect’s consultants shall be through the Architect.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Architect

OWNER’S RESPONSIBILITIES. 5.1 The Owner shall provide full information to the Consultant about the objectives, schedule, constraints, constraints and existing conditions of the project, and shall establish a budget, budget with reasonable contingencies, which covers contingencies that matches the project requirements. The Owner shall provide design criteria, including space requirements and relationships, special equipment and systems, and site requirements. . 5.2 When required by the project, the Owner shall provide a survey which describes physical characteristics, legal limitations, limitations and utility locations for the site of the projectProject, plus a written legal description of the site. The survey and legal information 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, boundaries and contours of the site; locations, dimensions of existing buildings, other improvements, improvements and trees. All the information on the survey shall be referenced to a project benchmark. The Owner may direct the Consultant to obtain the survey and reimburse the Consultant for the cost. . 5.3 When required by the project, the Owner shall provide geo-technical engineering services which may include but are not limited to test borings, test pits, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. The Owner may direct the Consultant to obtain the geo-technical engineering services and reimburse the Consultant for the cost. However, the Consultant shall be responsible as part of Basic Services for the development of the scope of work required to solicit information relative to subsoil conditions for the project Project site, pertaining to foundation design and septic system design, if applicable. . 5.4 The Owner shall provide reasonable access to the project Project site in order for the Consultant to perform the Consultant’s responsibilities. . 5.5 The Owner shall communicate about matters relating to the Contract Documents primarily through the Consultant to the Subconsultants and through the Consultant to the Contractor. . 5.6 The Owner shall manage the Project Budget and inform the Consultant and the Contractor, as necessary, of revisions to the budget. Bid and Project Contingency funds may be expended only with written approval of the Owner. . 5.7 The Owner shall, in the event the lowest bona fide bid or negotiated bid exceeds the cost of the Work, implement one of the following options by written directive: : a. instruct the Consultant to revise the project Project design as needed, based on an altered scope or design parameters, to align with the project budget, or or b. approve of an increase in the budget for construction, or or c. authorize re-bidding or renegotiating of the project Project within a reasonable time, or or d. terminate the project. Project. 5.8 The Owner shall advise the Consultant of any known Owner-related reviews or approval processes of third parties which the Consultant may not be aware, yet requires work of the Consultant. . 5.9 The Owner shall coordinate the services provided by the Owner’s other consultants with those services provided by the Consultant and their Subconsultants. . 5.10 The Owner shall provide timely responses to the Consultant’s recommendations and advice. The Owner shall perform all responsibilities as expeditiously as possible, consistent with normal skill and care and the orderly progress of the projectProject.

Appears in 1 contract

Sources: Architect/Engineer Agreement

OWNER’S RESPONSIBILITIES. The ▇. ▇▇▇▇▇ County ("Owner" or "County") shall designate in writing a representative authorized to act on its behalf with respect to this Agreement. B. Before any work is to begin under the terms of this Agreement, Owner shall provide full information issue Architect and/or Engineer ("A/E") a written Authorization to Proceed. Any work performed by A/E prior to receipt of the Authorization to Proceed shall be performed at A/E's risk. C. Owner shall consult with A/E regarding the general and specific requirements for the Project and shall furnish A/E a copy of Owner's Project guidelines, including functional requirements, technical requirements, site requirements, sustainable design requirements, and any other conditions peculiar to the Consultant about Project that may affect the objectivesdesign, location, schedule, constraintsor cost. D. Owner may incorporate into the Project documents, drawings, and existing conditions specifications provided by consultants retained directly by Owner. In such cases, authorship of such Contract Documents will be clearly identified. E. Owner shall furnish required information, approvals and services as expeditiously as necessary for the orderly progress of the projectWork. A/E shall promptly notify Owner in writing in the event orderly progress of the Work is disrupted by failure of Owner to provide such information, approvals or services, and the Project Schedule shall establish a budgetbe adjusted as mutually agreed. F. When the Construction Cost Estimates or the lowest responsive, with reasonable contingenciesresponsible bids differ from the MACC, which covers the project requirements. The Owner shall provide cooperate with A/E in making necessary program, design criteria, including space requirements alternatives and relationships, special equipment and systems, and site requirements. When required by budget decisions to reconcile the project, the differences. G. Owner shall provide a survey which describes physical characteristicsreimburse the A/E for or shall separately furnish, legal limitations, and utility locations if reasonably required for the site of the projectProject and requested by A/E, plus a written legal description land survey of the site, prepared by a registered land surveyor. The survey and legal information shall include, as applicable, indicate applicable grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; property, rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, boundaries and contours of the site; . The survey shall also indicate locations, dimensions of dimensions, and data pertaining to existing buildings, other improvementsimprovements and trees, and treesinformation concerning location of service and utility lines, both public and private, above and below grade, including inverts and depths as indicated by available records. All the information on the The survey shall be referenced to a project Project benchmark. The . H. Owner may direct shall arrange and pay for the Consultant to obtain the survey required advertisements for bid and other legal notices. I. Owner shall reimburse the Consultant A/E for or shall separately furnish the cost. When services of a geotechnical engineer or other similar consultant necessary for determining soil, subsoil, and air or water conditions if such services are reasonably required by the project, the Owner shall provide geo-technical engineering Project. Such services which may include but are not limited to test borings, test pits, evaluations of hazardous materialssoil bearing values, ground corrosion tests and resistivity percolation tests, including air and water pollution tests, and other necessary operations for anticipating subsoil determining soil, subsoil, air, or water conditions, with reports and appropriate recommendations. The . J. Owner may direct the Consultant to obtain the geo-technical engineering shall furnish other applicable testing services and reimburse the Consultant if reasonably required for the cost. HoweverProject. K. The A/E may reasonably rely upon the accuracy and completeness of Owner furnished services, information, surveys and reports required by Article I. L. Owner will assist the Consultant shall be responsible as part of Basic Services for A/E in coordinating the development of the scope of work required to solicit information relative to subsoil conditions for the project site, pertaining to foundation design and septic system design, if applicable. The Project with all Agencies Having Jurisdiction (AHJ). M. Owner shall provide reasonable access to the project site in order information for the Consultant to perform the ConsultantProject, including a program that shall set forth Owner’s responsibilities. The objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. N. Owner shall communicate about matters relating to the Contract Documents primarily through the Consultant to the Subconsultants establish and through the Consultant to the Contractor. The Owner shall manage the Project Budget and inform the Consultant and the Contractor, as necessary, of revisions to the budget. Bid and Project Contingency funds may be expended only with written approval of the Owner. The Owner shall, in the event the lowest bona fide bid or negotiated bid exceeds the cost of the Work, implement one of the following options by written directive: instruct the Consultant to revise the project design as needed, based on update an altered scope or design parameters, to align with the project budget, or approve of an increase in the overall budget for constructionthe Project, or authorize re-bidding or renegotiating including the construction cost, Owner's other costs, and reasonable contingencies related to all of the project within a reasonable time, or terminate the project. The Owner shall advise the Consultant of any known Owner-related reviews or approval processes of third parties which the Consultant may not be aware, yet requires work of the Consultant. The Owner shall coordinate the services provided by the Owner’s other consultants with those services provided by the Consultant and their Subconsultants. The Owner shall provide timely responses to the Consultant’s recommendations and advice. The Owner shall perform all responsibilities as expeditiously as possible, consistent with normal skill and care and the orderly progress of the projectthese costs.

Appears in 1 contract

Sources: A&e Personal Services Agreement