Common use of PROJECT REPRESENTATION BEYOND BASIC SERVICES Clause in Contracts

PROJECT REPRESENTATION BEYOND BASIC SERVICES. 1.2.1. The State may at its option secure the services of a person or persons known as a Clerk-of-the-Works, referred to herein as a "Clerk". The Clerk(s) shall, for all purposes of this Agreement, report and be solely responsible to the State. The State may at any time dismiss the Clerk(s) for cause or convenience; however, any such action shall not affect the State's and ARCHITECT/ENGINEER'S obligations under this Agreement. In such event, the State shall use their best efforts to secure the services of a Clerk or Clerks under this paragraph as soon as is practicable if the State deems it necessary. 1.2.2. The Clerk(s) shall make continuous and complete on-site inspections of the work performed on the Project, to the extent reasonable under all circumstances. The on-site inspections of the work performed, and any reports prepared by the Clerk(s) will be made available to the ARCHITECT/ENGINEER for use in making his/her Determination and Report under this Agreement; however, the use of the Clerk’s on-site inspections or reports does not relieve the ARCHITECT/ENGINEER from his/her obligations under Paragraph 1.1.9.6. of this Agreement and it is solely the responsibility of the ARCHITECT/ENGINEER to ensure that the work has progressed to the point indicated and that the quality of the work is in accordance with the Contract Documents. Further, through such on site observations by the Clerk(s), the ARCHITECT/ENGINEER shall endeavor to provide protection for the State against defects in the Work, but the furnishing of such Clerk(s) shall not: (1) make the ARCHITECT/ENGINEER responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents; or (2) Relieve the ARCHITECT/ENGINEER from his/her obligation to exercise due diligence and ensure that the work has progressed to the point indicated and that the quality of the work is in accordance with the Contract Documents.

PROJECT REPRESENTATION BEYOND BASIC SERVICES. 1.2.1. 1.2.1 The State may at its option secure the services of a person or persons known as a Clerk-of-the-Works, referred to herein here as a "Clerk". The Clerk(s) shall, for all purposes of this Agreement, report and be solely responsible to the State. The State may at any time dismiss the Clerk(s) for cause or convenience; however, any such action shall not affect the State's and ARCHITECT/ENGINEER'S 's obligations under this Agreement. In such event, the State shall use their best efforts to secure the services of a Clerk or Clerks clerks under this paragraph as soon as is practicable if the State deems it necessary. 1.2.2. 1.2.2 The Clerk(s) shall make continuous and complete on-site inspections of the work performed on the Project, to the extent reasonable under all the circumstances. The on-site inspections of the work performed, performed and any reports prepared by the Clerk(s) will be made available to the ARCHITECT/ENGINEER for use in making hisA/her E’s Determination and Report under this Agreement; however, however the use of the Clerk’s on-site inspections or reports does not relieve the ARCHITECT/ENGINEER from his/her obligations under Paragraph 1.1.9.6. 1.1.32 of this Agreement and it is solely the responsibility of the ARCHITECT/ENGINEER to ensure that that the work has progressed to the point indicated and that the quality of the work is in accordance with the Contract DocumentsDocuments . Further, through such on on-site observations by the Clerk(s), the ARCHITECT/ENGINEER shall endeavor to provide protection for the State against defects in the Work, but the furnishing of such Clerk(s) shall not: (1) make the ARCHITECT/ENGINEER responsible for the Construction Contractor's failure to perform the Work in accordance with the Contract Documents; or (2) Relieve the ARCHITECT/ENGINEER from his/her obligation to exercise due diligence and ensure that the work has progressed to the point indicated and that the quality of the work is in accordance with the Contract Documents.