Common use of Engineer’s Consultants Clause in Contracts

Engineer’s Consultants. Engineer has the option, unless Owner reasonably objects in writing, to employ, at its expense, consultants qualified and licensed to render Services in connection with the Project and to delegate duties to them without relieving Engineer from responsibility under this Agreement. Engineer shall utilize the consultants accepted by Owner and designated in Exhibit B (“Consultants”) to perform Services. Whenever it is necessary for the Engineer to employ additional Consultants or substitute designated Consultants, that action shall require the prior written acceptance of Owner. Owner will not unreasonably withhold acceptance. The Engineer shall enter into written agreements with the Consultants that require each Consultant to acknowledge and agree that all Services must be performed in accordance with Engineer’s obligations under this Agreement and to provide a breakdown and back-up for all Services and costs. Owner shall have the right, but not the obligation, to review and accept the form and substance of Engineer’s contracts with Consultants. All Consultants (Mechanical, Electrical, Plumbing, Structural, Civil, and others) hired by Engineer shall meet all of the insurance requirements set forth in this Agreement and their contracts shall not contain any waiver or limitation of liability unless approved by Owner in writing. Each Consultant contract will be assigned if necessary by the Engineer to Owner, provided that the assignment is effective only after termination of this Agreement by the Owner and only for those Consultant contracts that the Owner accepts by notifying the Consultant in writing. A copy of each written contract between the Engineer and its Consultants Nothing contained in this contract or otherwise, shall create any contractual relation between Owner and any Engineer’s Consultant(s), and no subcontract shall relieve Engineer of its responsibilities and obligations hereunder. Engineer agrees to be as fully responsible to Owner for the acts and omissions of its Consultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Engineer. Engineer’s obligation to pay its Consultant(s) is an independent obligation from Owner’s obligation to make payments to the Engineer. Engineer shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by Owner’s Contract Administrator, except that, which is expressly identified in the approved Cost Proposal. Engineer shall pay its Consultants within ten (10) calendar days from receipt of each payment made to Engineer by Owner. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to Engineer’s Consultants. Any substitution of Engineer’s Consultant(s) must be approved in writing by Owner’s Contract Administrator prior to the start of work by the Engineer’s Consultant(s).

Engineer’s Consultants. Engineer has the option, unless Owner reasonably objects in writing, to employ, at its expense, consultants qualified and licensed to render Services in connection with the Project and to delegate duties to them without relieving Engineer from responsibility under this Agreement. Engineer shall utilize the consultants accepted by Owner and designated in Exhibit B (“Consultants”) to perform Services. Whenever it is necessary for the Engineer to employ additional Consultants or substitute designated Consultants, that action shall require the prior written acceptance of Owner. Owner will not unreasonably withhold acceptance. The Engineer shall enter into written agreements with the Consultants that require each Consultant to acknowledge and agree that all Services must be performed in accordance with Engineer’s obligations under this Agreement and to provide a breakdown and back-up for all Services and costs. Owner shall have the right, but not the obligation, to review and accept the form and substance of Engineer’s contracts with Consultants. All Consultants (Mechanical, Electrical, Plumbing, Structural, Civil, and others) hired by Engineer shall meet all of the insurance requirements set forth in this Agreement and their contracts shall not contain any waiver or limitation of liability unless approved by Owner in writing. Each Consultant contract will be assigned if necessary by the Engineer to Owner, provided that the assignment is effective only after termination of this Agreement by the Owner and only for those Consultant contracts that the Owner accepts by notifying the Consultant in writing. A copy of each written contract between the Engineer and its Consultants shall be provided to the City prior to the commencement of Consultants services to be provided to the Engineer. Nothing contained in this contract Agreement, or otherwise, shall create any contractual relation between Owner and any Engineer’s Consultant(s), and no subcontract shall relieve Engineer of its responsibilities and obligations hereunder. Engineer agrees to be as fully responsible to Owner for the acts and omissions of its Consultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Engineer. Engineer’s obligation to pay its Consultant(s) is an independent obligation from Owner’s obligation to make payments to the Engineer. Engineer shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract Agreement shall be subcontracted without written authorization by Owner’s Contract AdministratorProject Manager, except that, which is expressly identified and approved in the approved Cost Proposal. Exhibit B. Engineer shall pay its Consultants within ten (10) calendar days from receipt of each payment made to Engineer by Owner. All subcontracts entered into as a result of this contract Agreement shall contain all the provisions stipulated in this contract Agreement to be applicable to Engineer’s Consultants. Any substitution of Engineer’s Consultant(s) must be approved in writing by Owner’s Contract Administrator Project Manager prior to the start of work by the Engineer’s Consultant(s).