Common use of Scope of Consultants Basic Services Clause in Contracts

Scope of Consultants Basic Services. DEFINITION The Services to be performed under this Agreement include Basic Services, as hereafter described, and any Additional Services approved by the Owner as described in Article 3. The Consultant’s Basic Services consist of those described in this Article 2, all services described in Article 12, and all services identified in Exhibit A or other provisions of this Agreement. Exhibit A contains further definition of the Consultant’s Scope of Services under this Agreement. The Consultant shall not during site visits or as a result of its observations of the progress of construction supervise, direct or have control over the construction contractor’s work. The Consultant expressly disclaims any responsibility for general site safety and shall be responsible for the safety of its own employees and the employees of its sub-consultants. The Consultant and its employees shall perform at least fifty percent (50%) of all work under the Agreement, measured either by value of services rendered, or by time spent on such services. The identity and scope of work of each sub-consultant retained by the Consultant to perform work in connection with Basic Services, and the identity, scope of work and compensation of each sub-consultant retained by the Consultant to perform Additional Services, shall be subject to the prior written approval of the Owner, which approval shall not be unreasonably withheld, the Owner hereby approving retention of the Consultant’s sub-consultants specifically identified on Exhibit B. The Consultant shall, as part of its Basic Services, provide the services of the sub-consultants listed on Exhibit B as being retained by the Consultant, whether or not the sub-consultant is identified by name (except for any sub-consultants listed on Exhibit B that are expressly indicated as being retained by the Consultant as an Additional Service) and such other sub-consultants as may be required to meet the Consultant’s obligations to perform Basic Services under this Agreement, provided that each such additional sub-consultant shall be subject to prior approval by the Owner. During all Phases of the Consultant’s Services, the Consultant shall coordinate and schedule the efforts required of its sub-consultants and consultants engaged by the Owner (“Owner’s Consultants”), and assist the Owner with, and attend as requested by the Owner, customary reviews by any municipal authorities. The Owner acknowledges that the Consultant is not responsible for the quality and accuracy of the work performed by the Owner’s Consultants, who are not part of the Consultant’s design team. However, if the Consultant discovers or believes at any time that designs or other information or work product furnished by any of the Owner’s Consultants is defective or deficient or is not compatible, coordinated and consistent with the design of other portions of the Project, the Consultant shall so inform the Owner in writing providing full details. The Owner further acknowledges that the Consultant is not responsible for the design or review of the construction contractor’s safety practices or the means and methods of construction. Notwithstanding any other provisions of this Agreement, only the 25% Design and Engineering Services under Section 2.2.4 of this Agreement and the General Activities related thereto as itemized in section 2.2.1 are authorized as of the date of this Agreement. All subsequent services are not part of the Basic Services as of the date of this Agreement. The Consultant is not authorized to perform services, including those services related to Section 2.2.4 for twenty five (25%) to the one hundred percent (100%) level of complete design development, unless and until specifically authorized in writing by the Owner. Accordingly, the Owner has no obligation to compensate the Consultant for the performance of any basic services under Section 2.2.4 or for additional services. However, the Owner may at its sole option, and subject to applicable law, request the Consultant to perform other services in connection with some or all of the phases and elements in this design project with the Consultant’s consent and for additional compensation, including services under Section 2.2.4 and for Additional Services pursuant to Article 3. The Owner may also elect to engage other designers to perform such services, or may elect not to proceed with the Project. If the Owner does not elect to request the Consultant to perform Section 2.2.4 of the Basic Services or Additional Services, this Agreement shall terminate upon the completion of Section 2.2.3 of the Basic Services as set forth herein. The Owner may issue change orders to decrease the scope of work included in the Basic Services, or as necessary to conform to available funding amounts and levels. A credit to the Owner for such decreases in the scope of work shall be calculated in the same manner as compensation to the Consultant for Additional Services provided in Article 11.

Appears in 2 contracts

Samples: Agreement, Agreement

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Scope of Consultants Basic Services. DEFINITION The Services to be performed under this Agreement include Basic Services, as hereafter described, and any Additional Services approved by the Owner as described in Article 3. The Consultant’s Basic Services consist of those described in this Article 2, all services described in Article 12, and all services identified in Exhibit A or other provisions of this Agreement. Exhibit A contains further definition of the Consultant’s Scope of Services under this Agreement. The Consultant shall not during site visits or as a result of its observations of the progress of construction supervise, direct or have control over the construction contractor’s work. The Consultant expressly disclaims any responsibility for general site safety and shall be responsible for the safety of its own employees and the employees of its sub-consultants. The Consultant and its employees shall perform at least fifty percent (50%) of all work under the Agreement, measured either by value of services rendered, or by time spent on such services. The identity and scope of work of each sub-consultant cConsultant retained by the Consultant to perform work in connection with Basic Services, and the identity, scope of work and compensation of each sub-consultant Cconsultant retained by the Consultant to perform Additional Services, shall be subject to the prior written approval of the Owner, which approval shall not be unreasonably withheld, the Owner hereby approving retention of the Consultant’s sub-consultants Cconsultants specifically identified on Exhibit B. The Consultant shall, as part of its Basic Services, provide the services of the sub-consultants Cconsultants listed on Exhibit B as being retained by the Consultant, whether or not the sub-consultant Cconsultant is identified by name (except for any sub-consultants Cconsultants listed on Exhibit B that are expressly indicated as being retained by the Consultant as an Additional Service) and such other sub-consultants Cconsultants as may be required to meet the Consultant’s obligations to perform Basic Services under this Agreement, provided that each such additional sub-consultant Cconsultant shall be subject to prior approval by the Owner. During all Phases of the Consultant’s Services, the Consultant shall coordinate and schedule the efforts required of its sub-consultants Cconsultants and consultants engaged by the Owner (“Owner’s Consultants”), and assist the Owner with, and attend as requested by the Owner, customary reviews by any municipal authorities. The Owner acknowledges that the Consultant is not responsible for the quality and accuracy of the work performed by the Owner’s Consultants, who are not part of the Consultant’s design team. However, if the Consultant discovers or believes at any time that designs or other information or work product furnished by any of the Owner’s Consultants is defective or deficient or is not compatible, coordinated and consistent with the design of other portions of the Project, the Consultant shall so inform the Owner in writing providing full details. The Owner further acknowledges that the Consultant is not responsible for the design or review of the construction contractor’s safety practices or the means and methods of construction. Notwithstanding any other provisions of this Agreement, only the 25% Design and Engineering Services under Section 2.2.4 of this Agreement the Basic Services and the General Activities related thereto as itemized in section 2.2.1 are authorized as of the date of this Agreement. All subsequent services are not part of the Basic Services as of the date of this Agreement. The Consultant is not authorized to perform services, including those services related to Section 2.2.4 for twenty five (25%) to the one hundred percent (100%) level of complete design development, unless and until specifically authorized in writing by the Owner. The Owner has not appropriated or otherwise obtained funds for additional services. Accordingly, the Owner has no obligation to compensate the Consultant for the performance of any basic services under Section 2.2.4 or for additional services. However, the Owner may at its sole option, and subject to applicable law, request the Consultant to perform other services in connection with some or all of the phases and elements in this design project with the Consultant’s consent and for additional compensation, including services under Section 2.2.4 and for as Additional Services pursuant to Article 3. The Owner may also elect to engage other designers to perform such additional services, or may elect not to proceed with the Project. If the Owner does not elect to request the Consultant to perform Section 2.2.4 of the Basic Services or Additional ServicesaAdditional sServices, this Agreement shall terminate upon the completion of Section 2.2.3 of the Basic Services as set forth herein. The Owner may issue change orders to decrease the scope of work included in the Basic Services, or as necessary to conform to available funding amounts and levels. A credit to the Owner for such decreases in the scope of work shall be calculated in the same manner as compensation to the Consultant for Additional Services provided in Article 11.

Appears in 1 contract

Samples: Agreement

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Scope of Consultants Basic Services. DEFINITION The Services to be performed under this Agreement include Basic Services, as hereafter described, and any Additional Services approved by the Owner as described in Article 3. The Consultant’s Basic Services consist of those described in this Article 2, all services described in Article 12, and all services identified in Exhibit A or other provisions of this Agreement. Exhibit A contains further definition of the Consultant’s Scope of Services under this Agreement. The Consultant shall not during site visits or as a result of its observations of the progress of construction supervise, direct or have control over the construction contractor’s work. The Consultant expressly disclaims any responsibility for general site safety and shall be responsible for the safety of its own employees and the employees of its sub-consultantssubconsultants. The Consultant and its employees shall perform at least fifty percent (50%) of all work under the Agreement, measured either by value of services rendered, or by time spent on such services. The identity and scope of work of each sub-consultant Consultant retained by the Consultant to perform work in connection with Basic Services, and the identity, scope of work and compensation of each sub-consultant Consultant retained by the Consultant to perform Additional Services, shall be subject to the prior written approval of the Owner, which approval shall not be unreasonably withheld, the Owner hereby approving retention of the Consultant’s sub-consultants Consultants specifically identified on Exhibit B. The Consultant shall, as part of its Basic Services, provide the services of the sub-consultants Consultants listed on Exhibit B as being retained by the Consultant, whether or not the sub-consultant Consultant is identified by name (except for any sub-consultants Consultants listed on Exhibit B that are expressly indicated as being retained by the Consultant as an Additional Service) and such other sub-consultants Consultants as may be required to meet the Consultant’s obligations to perform Basic Services under this Agreement, provided that each such additional sub-consultant Consultant shall be subject to prior approval by the Owner. During all Phases of the Consultant’s Services, the Consultant shall coordinate and schedule the efforts required of its sub-consultants Consultants and consultants engaged by the Owner (“Owner’s Consultants”), and assist the Owner with, and attend as requested by the Owner, customary reviews by any municipal authorities. The Owner acknowledges that the Consultant is not responsible for the quality and accuracy of the work performed by the Owner’s Consultants, who are not part of the Consultant’s design team. However, if the Consultant discovers or believes at any time that designs or other information or work product furnished by any of the Owner’s Consultants is defective or deficient or is not compatible, coordinated and consistent with the design of other portions of the Project, the Consultant shall so inform the Owner in writing providing full details. The Owner further acknowledges that the Consultant is not responsible for the design or review of the construction contractor’s safety practices or the means and methods of construction. Notwithstanding any other provisions of this Agreement, only the 25% Design and Engineering Basic Services under Section 2.2.4 of this Agreement and the General Activities related thereto as itemized in section 2.2.1 are authorized as of the date of this Agreement. All subsequent services are not part of the Basic Services as of the date of this Agreement. The Consultant is not authorized to perform services, including those services related to Section 2.2.4 for twenty five (25%) to the one hundred percent (100%) level of complete design development, unless and until specifically authorized in writing by the Owner. The Owner has not appropriated or otherwise obtained funds for additional services. Accordingly, the Owner has no obligation to compensate the Consultant for the performance of any basic services under Section 2.2.4 or for additional services. However, the Owner may at its sole option, and subject to applicable law, request the Consultant to perform other services in connection with some or all of the phases and elements in this design project with the Consultant’s consent and for additional compensation, including services under Section 2.2.4 and for compensation as Additional Services pursuant to Article 3. The Owner may also elect to engage other designers to perform such additional services, or may elect not to proceed with the Project. If the Owner does not elect to request the Consultant to perform Section 2.2.4 of the Basic Services or Additional Servicesadditional services, this Agreement shall terminate upon the completion of Section 2.2.3 of the Basic Services as set forth herein. The Owner may issue change orders to decrease the scope of work included in the Basic Services, or as necessary to conform to available funding amounts and levels. A credit to the Owner for such decreases in the scope of work shall be calculated in the same manner as compensation to the Consultant for Additional Services provided in Article 11.

Appears in 1 contract

Samples: Agreement

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