Common use of Work to be Provided Clause in Contracts

Work to be Provided. (a) Professional shall provide engineering and construction support services on an on-call basis and a project support capacity for the OWNER. Professional shall provide Work (the “Work”) to OWNER under individual assignments. A general description of the Work that may be required by this Contract includes, but is not limited to, (i) technical review of applications and other proposals submitted to OWNER; (ii) analysis of development review standards and processes; (iii) surveying services, including computations and drafting; (iv) geotechnical services; (v) civil engineering services; (vi) and construction observation, assessment, and management support; and as further described in Exhibit A. Scope of Services attached to this Agreement. (b) OWNER will provide a written Task Order in the form and format reflected in Exhibit B to this Agreement to Professional to initiate work assignments. The Task Order will include a description of the tasks to be performed and the compensation for the tasks. No Work is authorized unless authorized representatives of both parties sign such a Task Order. This Contract does not guarantee a minimum amount Professional will be paid or a minimum number of Task Orders. (c) Notwithstanding anything to the contrary contained in this Agreement, OWNER and Professional agree and acknowledge that OWNER is entering into this Agreement in reliance on Professional's special and unique abilities with respect to performing the Work, and Professional’s special and unique abilities with respect to engineering and construction support services. The Professional accepts the relationship of trust and confidence established between it and the OWNER by this Agreement. Professional covenants with OWNER to use normal and customary efforts, skill, judgment, and abilities to perform the Work and to further the interests of OWNER in accordance with OWNER’s requirements and procedures, in accordance with the standards of Professional’s profession or business. Professional acknowledges that to the best of their information, knowledge, and belief, that there are no undisclosed obligations, commitments, or impediments of any kind that will or could taint, limit, or prevent performance of the Work. (d) Changes In Scope of Work. OWNER may request additional Work or changes in the Work as the project progresses. If so, changes in the Scope of Work shall be initiated by a written change order signed by an authorized representative of each party. The change order shall describe the Work to be added, changed, or deleted and shall state the additional cost or cost reduction and schedule changes, if any. Verbal change orders shall have no effect, except in cases of an emergency threatening personal injury or property damage, and in such cases the verbal change order shall be followed as soon as practicable by a writing to be executed by the parties hereto. The terms and conditions of this Contract may be modified only by a writing signed by an authorized representative of each party.

Appears in 2 contracts

Sources: Professional Services Agreement, Professional Services Agreement

Work to be Provided. (a) Professional shall provide engineering and construction support services on an on-call basis and a project support capacity for the OWNER. Professional shall provide Work (the “Work”) to OWNER under individual assignmentsassignments related to utility infrastructure along Lakeline Blvd. from ▇▇▇▇▇▇▇▇ Drive to Hero Way. A general description of the Work that may be required by this Contract includes, but is not limited to, (i) technical review of applications includes water and other proposals submitted to OWNER; (ii) analysis of development review standards and processes; (iii) surveying wastewater utility engineering services, including computations design and drafting; (iv) geotechnical services; (v) civil engineering services; (vi) studies of hydrology and construction observation, assessmenthydraulics, and management support; design and as further described in Exhibit A. Scope studies of Services attached to this Agreement. (b) transportation infrastructure. OWNER will provide a written Task Order in the form and format reflected in Exhibit B to this Agreement to Professional to initiate work assignments. The Task Order will include Order, including a description written Statement of Work describing the tasks to be performed and the compensation performed, to Professional for the tasksparticular Task and a specific price or a formula by which the price can be determined. No Work is authorized unless authorized representatives of both parties sign such a Task Order. This Contract does not guarantee a minimum amount Professional will be paid or a minimum number of Task Orders. (cb) Notwithstanding anything to the contrary contained in this Agreement, OWNER and Professional agree and acknowledge that OWNER is entering into this Agreement in reliance on Professional's special and unique abilities with respect to performing the Work, and Professional’s special and unique abilities with respect to engineering and construction support services. The Professional accepts the relationship of trust and confidence established between it and the OWNER by this Agreement. Professional covenants with OWNER to use normal and customary effortsits knowledge, skill, judgment, and abilities to perform the Work and to further the interests of OWNER in accordance with OWNER’s requirements and procedures, and in accordance with the standards of Professional’s profession or business. Professional acknowledges that to the best of their information, knowledge, and belief, represents that there are no undisclosed obligations, commitments, or impediments of any kind that will or could taint, limit, limit or prevent performance of the Work. (dc) Changes In Scope of Work. OWNER may request additional Work or changes in the Work as the project progresses. If so, changes in the Scope of Work shall be initiated by a written change order signed by an authorized representative of each party. The change order shall describe the Work to be added, changed, changed or deleted and shall state the additional cost or cost reduction and schedule changes, if any. Verbal change orders shall have no effect, except in cases of an emergency threatening personal injury or property damage, and in such cases the verbal change order shall be followed as soon as practicable by a writing to be executed by the parties hereto. The terms and conditions of this Contract may be modified only by a writing signed by an authorized representative of each party.

Appears in 1 contract

Sources: Professional Services