Sub-Consultant Agreements Sample Clauses
The Sub-Consultant Agreements clause defines the terms under which a consultant may engage third parties, or sub-consultants, to perform portions of the contracted work. It typically outlines requirements such as obtaining the client's consent before hiring sub-consultants, ensuring sub-consultants meet certain qualifications, and making the consultant responsible for the sub-consultants' performance. This clause ensures that the quality and accountability of the work are maintained, even when tasks are delegated, and helps manage risks associated with subcontracting.
Sub-Consultant Agreements. Each agreement with Sub-Consultants at every tier shall provide that the Owner is and shall be a third-party beneficiary of such subcontract, purchase order and similar agreement, and that the Owner shall have the right, but not the obligation, to assert claims directly against the Sub-Consultants for breach of contract, breach of express warranties, breach of implied warranties including but not limited to warranties of merchantability and of fitness for a particular purpose, negligence and other claims arising out of or related to the work or the Project. The Owner and Consultant acknowledge and agree that the purpose of this Section is to enable the Owner, at its discretion, in addition to the Consultant, to assert claims for damages and indemnification directly against Sub-Consultants that are or may be responsible for breach of the contract, defects in the work, and other damages incurred by the Owner arising out of or related to the related to the work or the Project. The Owner and Consultant acknowledge and agree that the purpose of this Section is to enable the Owner at its discretion, in addition to the Consultant, to assert claims for damages and indemnification directly against Sub-Consultants that are or may be responsible for breach of the contract, defects in the work, and other damages incurred by the Owner arising out of or related to the work or the Project.
Sub-Consultant Agreements. 12.2.1 The Professional shall enter into a Professional Agreement with each of Professional’s Sub-Consultants listed in Exhibit B and deemed necessary for the proper design of the Project.
12.2.2 The Professional, within 60 days of the Effective Date of the Professional Agreement, shall furnish to the Department a written certification that a counterpart of its agreement with each Professional’s Sub-Consultant has been executed. The Professional shall incorporate these General Conditions into each Professional’s Sub-Consultant Agreement and include an acknowledgement in each Professional’s Sub-Consultant Agreement that the Professional’s Sub-Consultant has received and read a copy of the Professional Agreement, including these General Conditions. At the Department’s request, the Professional shall submit a copy of every Professional’s Sub-Consultant Agreement to the Department.
12.2.3 All agreements between the Professional and their Sub-Consultant must:
A. Set forth the amount the Professional’s Sub-Consultant is to be paid;
B. Describe the scope of services to be performed by the Professional’s Sub- Consultant;
C. Require that the Professional’s Sub-Consultant is without privity of contract with the Department and that the Sub-Consultant agrees by signing the Sub-Consultant Agreement that it neither acquires nor intends to acquire any rights against the Department on a third-party beneficiary theory or any other theory; and
D. Require the Professional to pay the Professional’s Sub-Consultant in accordance with the requirements of the Prompt Payment Act (62 Pa. C.S. § 3931 et seq.) where the Professional means the “Contractor” and the Professional’s Sub-Consultant means the “subcontractor.” Violation of the provisions of the Prompt Payment Act will have ramifications, including but not limited to subjecting the Professional to penalties and attorneys’ fees under section 3935, 62 Pa. C.S. § 3935, and possible suspension or debarment under section 531 of the Commonwealth Procurement Code, 62 Pa. C.S. § 531.
12.2.4 At the Department’s request, the Professional shall submit a copy of every Professional’s Sub-Consultant Agreement with any Small Diverse Business and Veteran Business Enterprise information to the Department of General Services, Bureau of Diversity, Inclusion and Small Business Opportunities.
Sub-Consultant Agreements. Work covered under this Agreement will be performed by the Consultant or, at a minimum, under its supervision. All personnel engaged in providing Services must be fully qualified and must be authorized or permitted under State and local law to perform such services. In order to perform one or more of the services listed in the Scope of Services, it may be necessary for the Consultant to retain the professional services of various sub-consultants. Only sub-consultants and their associated hourly rates and fees as listed in the Consultant Statement of Qualifications will be preapproved for services. For any sub-consultant not listed in the Consultant Statement of Qualifications, the Consultant must receive written prior approval from the City of the unlisted sub-consultant and its associated hourly rates and fees prior to that sub-consultant performing any services under this Agreement. The City reserves the right to withhold approval of any non-preapproved sub-consultant for any reason.
Sub-Consultant Agreements. Each agreement with Sub-Consultants at every tier shall provide that the Owner is and shall be a third-party beneficiary of such subcontract, purchase order and similar agreement, and that the Owner shall have the right, but not the obligation, to assert claims directly against the Sub-Consultants for breach of contract, breach of express warranties, breach of implied warranties including but not limited to warranties of merchantability and of fitness for a particular purpose, negligence and other claims arising out of or related to the work or the Project. The Owner and Consultant acknowledge and agree that the purpose of this Section is to enable the Owner, at its discretion, in addition to the Consultant, to assert claims for damages and indemnification directly against Sub-Consultants that are or may be responsible for breach of the contract, defects in the work, and other damages incurred by the Owner arising out of or related to the work or the Project.