Plan Use Clause Samples

Plan Use a. Client will use the plans, specifications, special provisions, standards and bid quantity forms prepared by Consultant without changes, unless changes are approved by Consultant in writing. b. Client will assume complete responsibility and liability for changes in design, construction quantities, project cost, etc., whenever Client or others use unsigned or unapproved survey maps or construction drawings for bidding or construction purposes. c. Client will notify Consultant in the event Client discovers or becomes aware of changed field or other conditions which necessitate clarification, adjustments, modifications or other changes during the construction phase of the project and Client agrees to engage Consultant to prepare said clarifications, adjustments, modifications or other changes to Consultant’s Instruments of Professional Service before construction activities commence or further activity proceeds. Further, Client agrees to require the Contractor or other Consultants to notify Client of any changed field or other conditions so that Client may in turn notify Consultant pursuant to the provisions of this paragraph. d. Client to retain Consultant to “update” Consultant’s instruments of professional services for code or standards compliance that become effective after the date of signature and seal by Consultant. EXHIBIT B Client agrees to pay compensation to Consultant for his Services as follows: A. Fees: SUMMARY OF FEES (Exclusive of ADDITIONAL SERVICES and OTHER CHARGES) A) Preliminary Phase Fees Not included as part of this contract B) Design Fees a. Plats and Legals $40,000 T&M b. Title Reports (a$500 each, assume 15 total) $ 7,500 T&M ▇. ▇▇▇▇▇ Deed Assistance $ 2,500 T&M C) Construction Fees Not included as part of this contract Total Estimated Fee $50,000 T&M B. Backcharges: It is hereby agreed that no subtraction of amounts from Consultant’s fees for alleged errors shall be made unilaterally by Client without consultation with Consultant's Operations Manager. Any claim that Services are unacceptable shall be made to the Consultant’s Operations Manager within 30 days of the time Client discovers a potential backcharge situation, for resolution.