91-148 Ordinance - Laserfiche WebLink

Home Browse Search

other consultants as Client thinks appropriate. Render written decisions concerning the Service Instruments within a reasonable time. 3.7 Permits. Furnish approvals and permits from governmental authorities having jurisdiction over the Project and approvals from others as may be necessary for the timely completion of the Project. 3.8 Expert Advice. Provide legal, accounting, insurance or other necessary advisory services for the Project. 3.9 Site Representative. If Client designates a person other than Malcolm Pirnie to represent Client at the Site, specify the duties, responsibilities and limitations of authority of such other person and the effect on Malcolm Pirnie's duties and responsibilities in a sched- ule attached to this Agreement. 3.10 Multi-Prime Contracts. If Client awards more than one prime contract for Project construction, designate a person or organization to coordinate the activities of the various prime contractors. 3.11 Ancillary Costs. If the Construction Cost includes the cost of the activities described in 3.7 through 3.10, provide an estimate of such costs to Malcolm Pirnie for Project cost estimating purposes. 3.12 Meetings. Attend the pre-Project conference and other job related meetings. 3.13 Project Developments. Give prompt written notice to Malcolm Pirnie whenever Client observes or other- wise becomes aware of any development that affects the scope or timing of Malcolm Pirnie's services. SECTION 4 -PERIODS OF SERVICE 4.1 Time of Performance. Sections 4 and 5 anticipate the orderly and continuous progress of the Project through completion of the Project. The time of perfor- mance is the period reasonably expected to be required for the award of contract, including any necessary Client or regulatory agency review and approval. 4.2 Delays. Schedule A specifies periods of time for performance of services by which services are to be completed. If such periods are exceeded through no fault of Malcolm Pirnie, the compensation specified under Section 5 shall be subject to equitable adjustment. 4.3 Start of Performance.. Malcolm Pirnie will start the Basic Services upon authorization by the Client. If Client gives authorization before signing this Agreement, Malcolm Pirnie shall be paid as if the services had been performed after both parties signed the Agreement. 4.4 Completion of Performance. For the purposes of fmal payment under Section 5, completion of Malcolm Pirnie's services will occur: 4.4.1 for a study, investigation or planning activity: upon delivery of the final report as specified in Schedule A or B, as appropriate; 4.4.2 for a design activity: when the Bid Set of Con- tract Documents is delivered as specified in Schedule A; 4.4.2 for a bidding or construction contract negotia- tion activity: upon issuance by the Client of notice of award of the construction contract; 4.4.4 for a construction activity: when written recom- mendation of fmal payment for the last prime construction contract of the Project is issued; and 4.4.5 for a startup or operations activity: upon suc- cessful completion of acceptance testing by the Contractor or beneficial occupancy by the Client but, in any event, not later than one year after Substantial Completion. 4.5 Force Majeure. If a force, event, or circumstance beyond Malcolm Pirnie's control interrupts or delays Malcolm Pirnie's performance, the time of performance of the Basic or Additional Services shall be equitably adjusted. SECTION 5 -COMPENSATION 5.1 Basic Services. Client shall pay Malcolm Pirnie the Amount stated in invoices issued in accordance with Schedule C [Pricing Schedule] for actual work per- formed and Reimbursable Expenses incurred during the period covered by the invoice. Invoices are due and payable within 30 days after receipt by the Client. 5.2 Additional Services. Client shall pay Malcolm Pirnie for Additional Services authorized and actually performed in accordance with monthly invoices issued in accordance with the Pricing Schedule. 5.3 Litigation Services. If Client requires Malcolm Pirnie's services either as a witness in, or support of, NMFPU.C/swm 1943-01-1