Common use of Architect Services Clause in Contracts

Architect Services. 3.1 The Architect shall provide the Basic Services and Additional Services specified to be provided by the Architect in Schedule “A” and such other Additional Services as may be agreed in writing by Manitoba Housing and the Architect. 3.2 The Architect shall maintain records of Reimbursable Expenses. These records shall be maintained to acceptable accounting standards and made available to Manitoba Housing for viewing at mutually convenient times. If Manitoba Housing requires copies of any such records, the Architect agrees to promptly provide them to Manitoba Housing. 3.3 The Architect agrees: (a) That the Basic Services and Additional Services shall be provided by the Architect’s personnel and the Sub-consultants identified in its Proposal, unless Manitoba Housing agrees otherwise in writing; (b) That the person or persons designated under paragraph 3.3(a) shall devote the time, attention, abilities and expertise necessary to properly perform the Architect’s obligations under this agreement; (c) To perform all obligations and provide the Basic Services and Additional Services in a professional manner satisfactory to Manitoba Housing; and (d) To comply with all reasonable directions and requests of Manitoba Housing. 3.4 The Architect shall engage the Sub consultants for the Project identified in its Proposal under Terms and Conditions of agreements that are compatible with this agreement. The Architect shall coordinate the services of such consultants with Manitoba Housing’s Consultants, if any are required, and all others consultants, as required. 3.5 If prior approval has been obtained from Manitoba Housing, the Architect may retain one or more Sub consultants to perform any portion of portions of the services to be provided by the Architect under this agreement provided that the Architect shall be and will remain fully responsible for the due performance of those services. Any errors or omissions by a Sub consultant shall be deemed to be the errors or omissions of the Architect. The fees payable to the Sub consultants for their services are within the Basic Services fee payable to the Architect as set out in paragraph 4.1(a). The services of the Sub consultants are not Additional Services. 3.6 Without limiting the generality of subsection 3.4, the Architect shall ensure that all requirements, Terms and Conditions of this agreement shall be binding upon each of its Sub consultants, to the extent applicable to the part of the services performed by the Sub consultant. In the event of any conflict between terms of this agreement and terms of an agreement between the Architect and a Sub consultant of the Architect, the terms of this agreement shall govern. 3.7 If Manitoba Housing is dissatisfied with the performance of any personnel assigned by the Architect to the Project, Manitoba Housing shall have the right to request that the individual be replaced with an individual acceptable to Manitoba Housing. Manitoba Housing shall further be entitled to receive notice and must approve any purported replacement by the Architect of key personnel assigned to the Project. 3.8 Should the Architect become aware of any Toxic or Hazardous Substances or Materials not previously identified to the Architect in reports commissioned by Manitoba Housing, the Architect shall immediately report the discovery to Manitoba Housing in writing with as much particularity as is practicable in the circumstances. 3.9 The Architect shall discharge the Architect's lawful obligations to its Sub consultants and shall satisfy any claims against the Architect or Manitoba Housing or the Government of Manitoba by its Sub consultants.

Architect Services. 3.1 The Architect shall provide the Basic Services and Additional Services specified to be provided by the Architect in Schedule “A” and such other Additional Services as may be agreed in writing by Manitoba Housing and the Architect. 3.2 The Architect shall maintain records of Reimbursable Expenses. These records shall be maintained to acceptable accounting standards and made available to Manitoba Housing for viewing at mutually convenient times. If Manitoba Housing requires copies of any such records, the Architect agrees to promptly provide them to Manitoba Housing. 3.3 The Architect agrees: (a) That the Basic Services and Additional Services shall be provided by the Architect’s personnel and the Sub-consultants identified in its Proposal, unless Manitoba Housing agrees otherwise in writing; (b) That the person or persons designated under paragraph 3.3(a) shall devote the time, attention, abilities and expertise necessary to properly perform the Architect’s obligations under this agreement; (c) To perform all obligations and provide the Basic Services and Additional Services in a professional manner satisfactory to Manitoba Housing; and (d) To comply with all reasonable directions and requests of Manitoba Housing. 3.4 The Architect shall engage the Sub Sub-consultants for the Project identified in its Proposal under Terms and Conditions of agreements that are compatible with this agreement. The Architect shall coordinate the services of such consultants with Manitoba Housing’s Consultants, if any are required, and all others consultants, as required. 3.5 If prior approval has been obtained from Manitoba Housing, the Architect may retain one or more Sub Sub-consultants to perform any portion of portions of the services to be provided by the Architect under this agreement provided that the Architect shall be and will remain fully responsible for the due performance of those services. Any errors or omissions by a Sub Sub-consultant shall be deemed to be the errors or omissions of the Architect. The fees payable to the Sub Sub-consultants for their services are within the Basic Services fee payable to the Architect as set out in paragraph 4.1(a). The services of the Sub Sub-consultants are not Additional Services. 3.6 Without limiting the generality of subsection 3.4, the Architect shall ensure that all requirements, Terms and Conditions of this agreement shall be binding upon each of its Sub Sub-consultants, to the extent applicable to the part of the services performed by the Sub Sub-consultant. In the event of any conflict between terms of this agreement and terms of an agreement between the Architect and a Sub Sub-consultant of the Architect, the terms of this agreement shall govern. 3.7 If Manitoba Housing is dissatisfied with the performance of any personnel assigned by the Architect to the Project, Manitoba Housing shall have the right to request that the individual be replaced with an individual acceptable to Manitoba Housing. Manitoba Housing shall further be entitled to receive notice and must approve any purported replacement by the Architect of key personnel assigned to the Project. 3.8 Should the Architect become aware of any Toxic or Hazardous Substances or Materials not previously identified to the Architect in reports commissioned by Manitoba Housing, the Architect shall immediately report the discovery to Manitoba Housing in writing with as much particularity as is practicable in the circumstances. 3.9 The Architect shall discharge the Architect's lawful obligations to its Sub Sub-consultants and shall satisfy any claims against the Architect or Manitoba Housing or the Government of Manitoba by its Sub Sub-consultants.