Common use of Description of Basic Services Clause in Contracts

Description of Basic Services. When authorized in writing by the OWNER'S authorized representative, the ENGINEER shall: (a) Furnish engineering, architectural, and planning services as may be needed by the OWNER for improvements to be let by Contract or by force account. Such services may include, but shall not be limited to, conducting studies and preparing maps, reports, profiles, layouts, drawings, grades, specifications, and cost estimates. (b) Assist the OWNER in obtaining and evaluating bids or negotiating proposals and preparing construction contracts. (c) Consult with and advise the OWNER as to the acceptability of contractors and other persons and organizations proposed by the construction contract for those portions of construction work as to which such acceptability is required by bidding documents. (d) During the construction phase of any improvement: (i) Make periodic visits to the construction site to observe the progress and quality of the executed work, and report its findings and recommendations to the OWNER as to whether the construction work is proceeding in accordance with the contract documents. It will not be required to make exhaustive or continuous on-site inspections to check the quality of quantity of work. It will not be responsible for the construction means, methods, techniques, sequences, or procedures, or the safety precautions and programs incidental thereto. Its efforts will be directed towards providing assurance for the OWNER that the completed construction project will conform to the requirements of the contract documents, but it will not be responsible for the failure of Contractors to perform the construction work in accordance with the contract documents. During such visits, on the basis of its on-site inspection and observation as an experienced and qualified design professional, it will keep the OWNER informed of the progress of the work and endeavor to guard the OWNER against defects and deficiencies in the work of the Contractor. (ii) Review shop drawings, diagrams, illustrations, brochures, catalog data, schedules and samples, results of tests and inspections and other data which any Contractor is required to submit and advise the OWNER as to conformance with the design concept of the project and compliance with the information given in the contract documents. It shall also receive and review maintenance and operating instructions, schedules, guarantees, bonds, and certificates of inspection which are to be assembled by the Contractors in accordance with the contract documents. (iii) Based on its on-site observations as an experienced and qualified design professional, and on its review of the Contractor's applications for payment and supporting data, advise the OWNER, to the best of its knowledge, information and belief, as to whether or not the work has progressed to the point indicated and whether or not the quality of work is in accordance with the contract documents. By reviewing applications for payment, the ENGINEER shall not be deemed to have represented that it has made any examination to determine how or for what purpose any Contractor has used the monies paid on account of the contract price. (iv) Conduct inspections and advise the OWNER as to whether the construction project is substantially complete, whether it has been completed in accordance with the contract documents, and whether each Contractor has fulfilled all of his obligations thereunder; provided, however, that the ENGINEER shall not be responsible for the acts or omissions of any Contractor, any Subcontractor of any Contractor's or Subcontractor's agents or employees or any other persons performing any of the work under the construction contract. (e) Attend Council meetings and other miscellaneous meetings as requested. (f) Keep the OWNER informed on any federal or state grants of any nature that may be available for engineering projects and assist the OWNER in the preparation of applications and supporting documents for governmental grants, loans, or advances. (g) Assist the OWNER in the preparation of Ohio Public Works Commission applications, Project Status Reports, update the OWNER’s Capital Improvement Report and Maintenance of Effort reports.