Common use of Services Not Included Clause in Contracts

Services Not Included. The services set out in the Contract Particulars to be carried out in relation to the Project are not included in the Services and will be carried out by the Commonwealth or by other persons (including Other Contractors). The Site based Services must be performed subject to the restrictions in the Contract Particulars. This clause only applies if the Services include Project Management/Contract Administration Services. Without limiting clause 2.2(d), the Consultant must: use its best endeavours to ensure that the Project is completed in accordance with the Commonwealth's requirements for the lowest possible cost; review the cost plan(s) for the Project with the Commonwealth's Representative on a regular basis (including at all times required by the Commonwealth's Representative) to: ensure that the cost of the Project is in accordance with any cost plans for the Project approved by the Commonwealth; and advise the Commonwealth's Representative how the design or any other aspect of the Project could be modified to ensure that the cost of the Project is in accordance with approved cost plans; and initiate a system of cost control (to the satisfaction of the Commonwealth's Representative) throughout design and construction of the Project for the purposes of subparagraph (i) and (without limitation) advise the Commonwealth's Representative as to all alternative steps available where: the tenders for any package of work forming part of the Project exceed the amount included for that work in the relevant approved cost plan; or the out-turn cost incurred under any Project Contract exceeds (or appears likely to exceed) the amount included for that contract in the relevant approved cost plan. Without limiting paragraph (b), in performing the Services during the Planning Phase (if any), the Consultant must identify all project structuring, packaging, scoping, choice of delivery method, risk allocation, procurement, programming, costing and other issues which could have an effect on the out-turn cost of the Project.

Appears in 2 contracts

Samples: Panel Agreement, Panel Agreement

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Services Not Included. The services set out in the Contract Particulars to be carried out in relation to the Project are not included in the Services and will be carried out by the Commonwealth or by other persons (including Other Contractors). The Site based Services must be performed subject to the restrictions in the Contract Particulars. This clause only applies if the Services include Project Management/Contract Administration Services. Without limiting clause 2.2(d(d), the Consultant must: use its best endeavours to ensure that the Project is completed in accordance with the Commonwealth's requirements for the lowest possible cost; review the cost plan(s) for the Project with the Commonwealth's Representative on a regular basis (including at all times required by the Commonwealth's Representative) to: ensure that the cost of the Project is in accordance with any cost plans for the Project approved by the Commonwealth; and advise the Commonwealth's Representative how the design or any other aspect of the Project could be modified to ensure that the cost of the Project is in accordance with approved cost plans; and initiate a system of cost control (to the satisfaction of the Commonwealth's Representative) throughout design and construction of the Project for the purposes of subparagraph (i) and (without limitation) advise the Commonwealth's Representative as to all alternative steps available where: the tenders for any package of work forming part of the Project exceed the amount included for that work in the relevant approved cost plan; or the out-turn cost incurred under any Project Contract exceeds (or appears likely to exceed) the amount included for that contract in the relevant approved cost plan. Without limiting paragraph (b), in performing the Services during the Planning Phase (if any), the Consultant must identify all project structuring, packaging, scoping, choice of delivery method, risk allocation, procurement, programming, costing and other issues which could have an effect on the out-turn cost of the Project.

Appears in 1 contract

Samples: Panel Agreement

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Services Not Included. The services set out in the Contract Particulars to be carried out in relation to the Project are not included in the Services and will be carried out by the Commonwealth or by other persons (including Other Contractors). The Site based Services must be performed subject to the restrictions in the Contract Particulars. This clause only applies if the Services include Project Management/Contract Administration Services. Without limiting clause 2.2(d21.2(d), the Consultant must: use its best endeavours to ensure that the Project is completed in accordance with the Commonwealth's requirements for the lowest possible cost; review the cost plan(s) for the Project with the Commonwealth's Representative on a regular basis (including at all times required by the Commonwealth's Representative) to: ensure that the cost of the Project is in accordance with any cost plans for the Project approved by the Commonwealth; and advise the Commonwealth's Representative how the design or any other aspect of the Project could be modified to ensure that the cost of the Project is in accordance with approved cost plans; and initiate a system of cost control (to the satisfaction of the Commonwealth's Representative) throughout design and construction of the Project for the purposes of subparagraph (i) and (without limitation) advise the Commonwealth's Representative as to all alternative steps available where: the tenders for any package of work forming part of the Project exceed the amount included for that work in the relevant approved cost plan; or the out-turn cost incurred under any Project Contract exceeds (or appears likely to exceed) the amount included for that contract in the relevant approved cost plan. Without limiting paragraph (b), in performing the Services during the Planning Phase (if any), the Consultant must identify all project structuring, packaging, scoping, choice of delivery method, risk allocation, procurement, programming, costing and other issues which could have an effect on the out-turn cost of the Project.

Appears in 1 contract

Samples: Panel Agreement

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