Common use of SCOPE OF CONSULTANT’S SERVICES Clause in Contracts

SCOPE OF CONSULTANT’S SERVICES. Consultant shall provide the services (“Services”) as more particularly described in Exhibit A, in accordance with the terms of this Contract, federal, state, or local law or ordinance and applicable District rules and policies, and in a manner so that the Project will be completed as expeditiously and economically as possible within the total budgeted cost to District of all elements of the Project designed or specified by the Project design professional(s) (“Construction Cost Budget”) and in District’s best interests. Consultant shall perform the Services with skill, care and diligence in accordance with the standard of care applicable to such Services performed by recognized firms providing similar services in the locale and on projects similar to the Project. Consultant shall be responsible to District for all Services provided whether such Services are provided directly by Consultant or by subconsultants engaged by Consultant. All persons providing Services under this Contract shall be properly licensed as may be required by Oregon law. Time is of the essence in the performance of this Contract. Consultant shall commence its performance upon receipt of District’s written notice to proceed and shall complete its performance in accordance with the project schedule set forth in Exhibit C (“Project Schedule”). Consultant shall not be responsible for delay in performance to the extent caused by circumstances or events beyond Consultant’s reasonable control. Consultant shall perform only the Services authorized by this Contract. Additional Services (as defined in Section C of Exhibit A) will be compensated only as authorized in writing by District. Consultant expressly waives any right to additional payment for any Services in the absence of District’s written authorization or request. To the extent Additional Services are made necessary by the fault or error of Consultant or its subconsultants in the performance of Consultant’s duties, responsibilities, or obligations, the Services will not be compensated. Consultant shall rely on its good judgment as to the accuracy and completeness of services and information provided by District. Consultant shall provide prompt written notice to District if Consultant becomes aware of any material deficiencies, errors, omissions or inconsistencies in such services or information or if in Consultant’s opinion the Construction Cost Budget will not be sufficient to complete the construction as programmed. Consultant shall perform all Services as an independent contractor. Although District reserves the right to set the delivery schedule for the Services to be performed and to evaluate the quality of the completed performance, District cannot and will not control the means and manner of Consultant’s performance. Consultant is responsible to determine the appropriate means and manner of performing the Services. Consultant, Consultant’s employees and the subconsultants are not “officers, employees, or agents” of the State of Oregon or District, as those terms are used in ORS 30.265, and will have no authority to bind District for the payment of any cost or expense without District’s express written approval.