Common use of Services of the Consultant Clause in Contracts

Services of the Consultant. A. CONSULTANT shall perform such services as are specified by this contract and as are specified by the scope of services set forth in Exhibit A to this contract, attached hereto and incorporated herein. In performing said services, CONSULTANT shall follow practices consistent with acceptable professional and technical standards for work of this nature. B. CONSULTANT hereby agrees to furnish those services necessary to complete the scope of services specified in this contract. Unless otherwise indicated in the scope of services set forth in Exhibit A, said services shall be performed by CONSULTANT or by CONSULTANT’s associates, employees, or subconsultants under the personal supervision of the Project Manager, designated in Article I, Section C, or such other qualified person as shall be designated by CONSULTANT and approved in writing by COUNTY. C. Xxxx Xxxxxx, AICP, PLA, ASLA, and Xxxx Xxxxxx, AICP, PLA, ASLA, SITES AP, LEED Green Assoc., will jointly and cooperatively perform or supervise the project on behalf of CONSULTANT as Project Manager. Should both be unable to complete said responsibility for any reason, COUNTY reserves the right to terminate this contract in the event both are not replaced by a person or persons whom COUNTY finds satisfactory. D. CONSULTANT has, or will secure at its own expense, the qualified personnel required to perform the services specified by this contract, including the following: 1. CONSULTANT shall retain the services of a qualified financial firm, as selected by the CONSULTANT after approval by the COUNTY, to provide general quality control, analysis, and recommendations for relevant portions of the project. 2. CONSULTANT shall retain the services of a qualified transportation firm, as selected by the CONSULTANT after approval by the COUNTY, to provide general quality control, analysis, and recommendations for relevant portions of the project, with specific analyses, findings, and recommendations for the general plan’s transportation element. E. Except as may be delineated in this contract and Exhibit A, or except as allowed by COUNTY’s Representative in writing, none of the services specified by this contract shall be subcontracted. F. During the contract period, CONSULTANT shall attend meetings and public hearings and shall provide advice as may be required as described in Exhibit A. G. All materials developed, prepared, completed, or acquired by CONSULTANT during the performance of the services specified by this contract, including all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports, shall become the property of COUNTY and shall be delivered to COUNTY during the contract period. All final deliverables shall be submitted in both hard and electronic copy. Electronic copies shall be submitted in an editable file format selected by the COUNTY. At the COUNTY’s discretion the CONSULTANT may influence the COUNTY’s file format selection by providing software licensing and training on specific software at no additional cost to the COUNTY. All materials shall not be released by CONSULTANT at any time without the prior written approval of COUNTY’s Representative, designated in Article II. It is understood and agreed that these materials are to be prepared exclusively for work required under this agreement, and that their use on other projects may not be appropriate. Therefore, COUNTY agrees that its use of said materials on other projects shall be at its own risk, unless prior thereto CONSULTANT has given its written approval for this use.

Services of the Consultant. A. CONSULTANT shall perform such services as are specified by this contract and as are specified by the scope of services set forth in Exhibit A to this contract, attached hereto and incorporated herein. In performing said services, CONSULTANT shall follow practices consistent with acceptable professional and technical standards for work of this nature. B. CONSULTANT hereby agrees to furnish those services necessary to complete the scope of services specified in this contract. Unless otherwise indicated in the scope of services set forth in Exhibit A, All said services shall be performed by CONSULTANT or by CONSULTANT’s associates, employees, or subconsultants under the personal supervision of the Project Manager, designated in Article I, Section C, or such other qualified person as shall be designated by CONSULTANT and approved in writing by COUNTY. C. Xxxx Xxxxxx, AICP, PLA, ASLA, and Xxxx Xxxxxx, AICP, PLA, ASLA, SITES AP, LEED Green Assoc., Xxxxxx will jointly and cooperatively perform or supervise the project on behalf of CONSULTANT as Project Manager. Should both (s)he be unable to complete said responsibility for any reason, COUNTY reserves the right to terminate this contract in the event both are (s)he is not replaced by a person or persons whom which COUNTY finds satisfactory. D. CONSULTANT has, or will secure at its own expense, the qualified personnel required to perform the services specified by this contract, including the following: 1. CONSULTANT shall retain the services of a qualified financial firm, as selected by the CONSULTANT after approval by the COUNTY, to provide general quality control, analysis, and recommendations for relevant portions of the project. 2. CONSULTANT shall retain the services of a qualified transportation firm, as selected by the CONSULTANT after approval by the COUNTY, to provide general quality control, analysis, and recommendations for relevant portions of the project, with specific analyses, findings, and recommendations for the general plan’s transportation element. E. Except as may be delineated in this contract and Exhibit A, or except as allowed by COUNTY’s Representative in writing, none of the services specified by this contract shall be subcontracted. F. During the contract period, CONSULTANT shall attend such meetings and public hearings and shall provide such advice as may be required as described in Exhibit A. G. All materials developed, prepared, completed, or acquired by CONSULTANT during the performance of the services specified by this contract, including all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports, in both electronic and non-electronic format, shall become the property of COUNTY and shall be delivered to COUNTY during or at the end of the contract period. All final deliverables shall be submitted in both hard and electronic copy. Electronic copies shall be submitted in an editable file format selected by the COUNTY. At the COUNTY’s discretion the CONSULTANT may influence the COUNTY’s file format selection by providing software licensing and training on specific software at no additional cost to the COUNTY. All such materials shall not be released by CONSULTANT at any time without the prior written approval of COUNTY’s Representative, designated in Article II. It is understood and agreed that these such materials are to be prepared exclusively for work required under this agreement, and that their use on other projects may not be appropriate. Therefore, COUNTY agrees that its use of said materials on other projects shall be at its own risk, risk unless prior thereto CONSULTANT has given its written approval for this such use. H. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that COUNTY’s actual project costs, financial aspects, economic feasibility or schedules will not vary from CONSULTANT’s opinions, analyses, projections, or estimates. Such variations will be resolved by negotiation between the parties and amendment to this agreement, if needed. I. CONSULTANT shall not at any time supervise, direct, control, or have authority over any contractor work, nor shall CONSULTANT have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a contractor to comply with Laws and Regulations applicable to such contractor’s furnishing and performing of its work.

Services of the Consultant. A. CONSULTANT shall perform such services as are specified by this contract and as are specified by the scope of services set forth in Exhibit A to this contract, attached hereto and incorporated herein. In performing said services, CONSULTANT shall follow practices consistent with acceptable professional and technical standards for work of this nature. B. CONSULTANT hereby agrees to furnish those services necessary to complete the scope of services specified in this contract. Unless otherwise indicated in the scope of services set forth in Exhibit A, All said services shall be performed by CONSULTANT or by CONSULTANT’s associates, employees, or subconsultants under the personal supervision of the Project Manager, designated in Article I, Section C, or such other qualified person as shall be designated by CONSULTANT and approved in writing by COUNTY. C. Xxxxx Xxxx Xxxxxx, AICP, PLA, ASLA, and Xxxx Xxxxxx, AICP, PLA, ASLA, SITES AP, LEED Green Assoc., will jointly and cooperatively perform or supervise the project on behalf of CONSULTANT as Project Manager. Should both (s)he be unable to complete said responsibility for any reason, COUNTY reserves the right to terminate this contract in the event both are (s)he is not replaced by a person or persons whom which COUNTY finds satisfactory. D. CONSULTANT has, or will secure at its own expense, the qualified personnel required to perform the services specified by this contract, including the following: 1. CONSULTANT shall retain the services of a qualified financial firm, as selected by the CONSULTANT after approval by the COUNTY, to provide general quality control, analysis, and recommendations for relevant portions of the project. 2. CONSULTANT shall retain the services of a qualified transportation firm, as selected by the CONSULTANT after approval by the COUNTY, to provide general quality control, analysis, and recommendations for relevant portions of the project, with specific analyses, findings, and recommendations for the general plan’s transportation element. E. Except as may be delineated in this contract and Exhibit A, or except as allowed by COUNTY’s Representative in writing, none of the services specified by this contract shall be subcontracted. F. During the contract period, CONSULTANT shall attend such meetings and public hearings and shall provide such advice as may be required as described in Exhibit A. G. All materials developed, prepared, completed, or acquired by CONSULTANT during the performance of the services specified by this contract, including all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports, in both electronic and non-electronic format, shall become the property of COUNTY and shall be delivered to COUNTY during or at the end of the contract period. All final deliverables shall be submitted in both hard and electronic copy. Electronic copies shall be submitted in an editable file format selected by the COUNTY. At the COUNTY’s discretion the CONSULTANT may influence the COUNTY’s file format selection by providing software licensing and training on specific software at no additional cost to the COUNTY. All such materials shall not be released by CONSULTANT at any time without the prior written approval of COUNTY’s Representative, designated in Article II. It is understood and agreed that these such materials are to be prepared exclusively for work required under this agreement, and that their use on other projects may not be appropriate. Therefore, COUNTY agrees that its use of said materials on other projects shall be at its own risk, risk unless prior thereto CONSULTANT has given its written approval for this such use. H. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that COUNTY’s actual project costs, financial aspects, economic feasibility or schedules will not vary from CONSULTANT’s opinions, analyses, projections, or estimates. Such variations will be resolved by negotiation between the parties and amendment to this agreement, if needed. I. CONSULTANT shall not at any time supervise, direct, control, or have authority over any contractor work, nor shall CONSULTANT have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a contractor to comply with Laws and Regulations applicable to such contractor’s furnishing and performing of its work.

Services of the Consultant. A. CONSULTANT shall perform such services as are specified by this contract and as are specified by the scope of services set forth in Exhibit A to this contract, attached hereto and incorporated herein. In performing said services, CONSULTANT shall follow practices consistent with acceptable professional and technical standards for work of this nature. B. CONSULTANT hereby agrees to furnish those services necessary to complete the scope of services specified in this contract. Unless otherwise indicated in the scope of services set forth in Exhibit A, All said services shall be performed by CONSULTANT or by CONSULTANT’s associates, employees, or subconsultants under the personal supervision of the Project Manager, designated in Article I, Section C, or such other qualified person as shall be designated by CONSULTANT and approved in writing by COUNTY. C. Xxxx Xxxxxx, AICP, PLA, ASLA, and Xxxx Xxxxxx, AICP, PLA, ASLA, SITES AP, LEED Green Assoc., Xxxxx will jointly and cooperatively perform or supervise the project on behalf of CONSULTANT as Project Manager. Should both (s)he be unable to complete said responsibility for any reason, COUNTY reserves the right to terminate this contract in the event both are (s)he is not replaced by a person or persons whom which COUNTY finds satisfactory. D. CONSULTANT has, or will secure at its own expense, the qualified personnel required to perform the services specified by this contract, including the following: 1. CONSULTANT shall retain the services of a qualified financial firm, as selected by the CONSULTANT after approval by the COUNTY, to provide general quality control, analysis, and recommendations for relevant portions of the project. 2. CONSULTANT shall retain the services of a qualified transportation firm, as selected by the CONSULTANT after approval by the COUNTY, to provide general quality control, analysis, and recommendations for relevant portions of the project, with specific analyses, findings, and recommendations for the general plan’s transportation element. E. Except as may be delineated in this contract and Exhibit A, or except as allowed by COUNTY’s Representative in writing, none of the services specified by this contract shall be subcontracted. F. During the contract period, CONSULTANT shall attend such meetings and public hearings and shall provide such advice as may be required as described in Exhibit A. G. All materials developed, prepared, completed, or acquired by CONSULTANT during the performance of the services specified by this contract, including all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports, in both electronic and non-electronic format, shall become the property of COUNTY and shall be delivered to COUNTY during or at the end of the contract period. All final deliverables shall be submitted in both hard and electronic copy. Electronic copies shall be submitted in an editable file format selected by the COUNTY. At the COUNTY’s discretion the CONSULTANT may influence the COUNTY’s file format selection by providing software licensing and training on specific software at no additional cost to the COUNTY. All such materials shall not be released by CONSULTANT at any time without the prior written approval of COUNTY’s Representative, designated in Article II. It is understood and agreed that these such materials are to be prepared exclusively for work required under this agreement, and that their use on other projects may not be appropriate. Therefore, COUNTY agrees that its use of said materials on other projects shall be at its own risk, risk unless prior thereto CONSULTANT has given its written approval for this such use. H. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that COUNTY’s actual project costs, financial aspects, economic feasibility or schedules will not vary from CONSULTANT’s opinions, analyses, projections, or estimates. Such variations will be resolved by negotiation between the parties and amendment to this agreement, if needed. I. CONSULTANT shall not at any time supervise, direct, control, or have authority over any contractor work, nor shall CONSULTANT have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a contractor to comply with Laws and Regulations applicable to such contractor’s furnishing and performing of its work.