PROJECT REPRESENTATION BEYOND BASIC SERVICES Clause Samples
PROJECT REPRESENTATION BEYOND BASIC SERVICES. 1.2.1. The State may at its option secure the services of a person or persons known as a Clerk-of-the-Works, referred to herein as a "Clerk". The Clerk(s) shall, for all purposes of this Agreement, report and be solely responsible to the State. The State may at any time dismiss the Clerk(s) for cause or convenience; however, any such action shall not affect the State's and ARCHITECT/ENGINEER'S obligations under this Agreement. In such event, the State shall use their best efforts to secure the services of a Clerk or Clerks under this paragraph as soon as is practicable if the State deems it necessary.
1.2.2. The Clerk(s) shall make continuous and complete on-site inspections of the work performed on the Project, to the extent reasonable under all circumstances. The on-site inspections of the work performed, and any reports prepared by the Clerk(s) will be made available to the ARCHITECT/ENGINEER for use in making his/her Determination and Report under this Agreement; however, the use of the Clerk’s on-site inspections or reports does not relieve the ARCHITECT/ENGINEER from his/her obligations under Paragraph 1.1.9.6. of this Agreement and it is solely the responsibility of the ARCHITECT/ENGINEER to ensure that the work has progressed to the point indicated and that the quality of the work is in accordance with the Contract Documents. Further, through such on site observations by the Clerk(s), the ARCHITECT/ENGINEER shall endeavor to provide protection for the State against defects in the Work, but the furnishing of such Clerk(s) shall not: (1) make the ARCHITECT/ENGINEER responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents; or (2) Relieve the ARCHITECT/ENGINEER from his/her obligation to exercise due diligence and ensure that the work has progressed to the point indicated and that the quality of the work is in accordance with the Contract Documents.
PROJECT REPRESENTATION BEYOND BASIC SERVICES. 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional.
PROJECT REPRESENTATION BEYOND BASIC SERVICES. 3.2.1 Unless otherwise included in Basic Services, the following services are considered to be additional services and are not included in the basic services:
.1 Land surveys and topographical drawings, and geotechnical testing.
.2 Provisions of services of consultants, which have been approved in advance by the Owner, for other than the normal architectural, structural, mechanical, civil, landscaping and electrical engineering services.
.3 Providing services made necessary by the material default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by significant failure of performance of the Contractor under the Contract for Construction.
.4 Provision of additional services made necessary by changes in the scope of work as directed by the Owner, provided such changes are not made necessary because of Engineer’s errors or omissions. With respect to Change Orders and Construction Change Directives that are not made necessary because of the Engineer’s errors or omissions, preparation of such documents for and evaluating such Change Orders and Construction Change Directives that cumulatively are no more then 10% of the Construction Cost of the Project are included in Basic Services.
.5 Preparing to serve or serving as an expert witness when requested by the Owner in connection with any public hearing or legal proceeding.
.6 Providing prolonged contract administration and observation of construction should the construction time exceed 125% of the original construction time for Substantial Completion when the additional time is not due to the failure of the Engineer to provide the services required under this contract in a timely manner including additional services as described herein. This provision does not cover administration of correction of listed deficiencies at the time of final occupancy inspection.
.7 Providing consultation concerning replacement of any work damaged by fire or other casualty during construction and the warranty period and furnishing services as may be required in connection with the replacement of such work.
.8 Providing design related services for unforeseen conditions discovered during the course of construction.
.9 Providing services in connection with evaluating more than a reasonable number of substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom.
PROJECT REPRESENTATION BEYOND BASIC SERVICES. 1.3.7.1 If the Owner and Architect agree that more extensive representation at the site than is described in paragraph 1.3 shall be provided, the Architect shall provide one or more Project Representatives to assist the Architect in carrying out such responsibilities at the site.
1.3.7.2 Such Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed between the owner and the Architect as set forth in an exhibit appended to this Agreement, which shall describe the duties, responsibilities and limitations of authority of such Project Representatives.
1.3.7.3 Through the observations by such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work.
PROJECT REPRESENTATION BEYOND BASIC SERVICES. 3.1 If the Owner and Architect agree that more extensive representation is required at the site, the Architect shall provide one or more Project Representatives to assist the Architect in carrying out such responsibilities.
PROJECT REPRESENTATION BEYOND BASIC SERVICES. 4.2.1 If more extensive representation at the Site than is described in this Agreement is required, Architect/Engineer may request Owner’s prior written approval to provide a Project Representative to assist in carrying out such additional on-site responsibilities.
4.2.2 The Project Representative described in this Agreement shall be selected, employed and directed by Architect/Engineer (with the understanding that the number, identity, salary, and length of service of such representative shall be agreed to by Owner in advance in writing), and Architect/Engineer shall be compensated therefor as agreed by Owner and Architect/Engineer in writing. The duties, responsibilities and limitations of authority of Project Representative shall be as described in the General Terms and Conditions of the Contract for Construction.
4.2.3 Architect/Engineer shall endeavor, through the observations by the on-site Project Representative described in this Section, to provide further protection for Owner against defects and deficiencies in the Work. However, the furnishing of such project representation shall not modify the rights, responsibilities or obligations of Architect/Engineer.
PROJECT REPRESENTATION BEYOND BASIC SERVICES. 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives of the Architect shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect.
3.2.3 Through the observations by such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement.
PROJECT REPRESENTATION BEYOND BASIC SERVICES. 3.1.1.1 If the Owner and DP agree that more extensive representation at the site is required than is described in Exhibit A, the DP shall provide additional representation as the Owner deems necessary. The responsibilities of the DP's on-site project representative(s) will be in addition to the DP Basic Services described in Exhibit A.
3.1.1.2 Such project representative(s) shall be selected, employed and directed by the DP, and the DP shall be compensated as mutually agreed between the Owner and the DP. The individual(s) selected to be project representative(s) are subject to approval by the Owner.
3.1.1.3 Through the observations by such project representative, the DP shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the DP as described in Exhibit A.
3.1.1.4 Such additional project representation may include Detailed Inspection. “Detailed Inspection” means close, technical, on-site examination of materials, structure, and equipment and surveillance of the quality and methods of work, performed by one or more full-time personnel at the project site, to reasonably ensure that the project is accomplished in compliance with information in the contract documents and with good construction practices. The decision to require a Detailed Inspection is at the Owner’s sole discretion. The Owner shall base its decision on the project’s size and complexity. If the Owner requires Detailed Inspection of a project’s construction, the Design Professional shall select, subject to the Owner’s approval, a Project Construction Inspector to perform such Detailed Inspection and be responsible for the proper administration of the duties listed below. The Design Professional shall pay the salary of the Project Construction Inspector and shall be reimbursed for the salary costs and the overhead expenses directly applicable to the salary. Salary and overhead are per schedule in Exhibit P.
PROJECT REPRESENTATION BEYOND BASIC SERVICES. 1.6.1 If the Owner and Consultant agree that more extensive representation at the site than is described in Paragraph 1.5 will be required, the Consultant shall provide one or more Project Representatives to assist in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected, employed and directed by the Consultant, and the Consultant shall be compensated therefore as mutually agreed between the Owner and the Consultant as set forth in an exhibit appended to this Agreement, which shall describe the duties, responsibilities and limitations of authority of such Project Representatives.
1.6.3 Through the observations by such Project Representatives, the Consultant shall endeavor to provide additional protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Consultant as described in Paragraph 1.5.
PROJECT REPRESENTATION BEYOND BASIC SERVICES. 2.8.1. If the Owner and the Design Professional agree that more extensive representation for inspection of the Project than that described in Subparagraph 2.6.10, the Design Professional shall, upon written authorization of the Owner, provide one or more Project Representatives to assist the Design Professional Project Representative in carrying out such responsibilities at the site.
2.8.2. Subject to the Owner's approval, a Design Professional's Project Representative shall be selected, employed, and directed by the Design Professional. The Design Professional shall be compensated; therefore, as mutually agreed between the Owner and the Design Professional as set forth in an approved amendment to this Agreement which shall, in addition, describe the duties, responsibilities, and limitations of authority of such Project Representative(s).
2.8.3. The Owner reserves the right to employ an independent entity for Peer Review Design Professional to provide value and cost services on the Project. If a peer review Design Professional is retained, an amendment to this Agreement will be required including, but not limited to, the duties and limits of authority of the Peer Review Design Professional. The Design Professional shall cooperate with the Peer Review Design Professional in the performance of the Peer Review Design Professional's duties.