ARCHITECT’S RESPONSIBILITIES. 2.1 The Architect’s services consist of those services performed by the Architect, Architect’s employees and Architect’s consultants as enumerated in Articles 2 and 3 of this Agreement along with any other services included under Article 12 and those excluded under Article 12.1 2.2 The Architect’s services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 2.3 Solutions Architecture shall identify a representative authorized to act on behalf of the Architect with respect to projects that may arise under this agreement: PRIMARY CONTACT ALTERNATE CONTACT 2.4 The Architect shall cooperate with the work of consultants retained directly by the Owner. The Architect shall assist in the coordination of the work of such other consultant(s) with the work of the Architect’s consultants, and the Architect shall promptly notify the Owner that the work of any consultant is not adequate or satisfactory. The Architect shall have no obligation or responsibility to direct the Owner’s consultants in performing their tasks other than to provide information and assistance necessary for the coordination of their tasks, nor shall the Architect be responsible for delays caused by the Owner’s consultant(s) failure to meet milestones or scheduled submission dates. The Architect shall not be responsible for the certification and pre-qualification of the Owner’s consultants if it is discovered that said consultant(s) had not been qualified prior to the start of work. 2.5 The Architect shall maintain insurance for the duration of this Agreement of the types and limits included herein under sub-paragraph 12.
Appears in 3 contracts
Sources: Architect of Record Master Agreement, Architect of Record Master Agreement, Architect of Record Master Agreement
ARCHITECT’S RESPONSIBILITIES. 2.1 3.1.1. The purpose of this Article is to provide the Contractor with information on the role and responsibilities of the Architect. This Article does not direct the Work of the Architect. The Architect’s services consist of those services performed Work is directed by the Architect, Architect’s employees and Architect’s consultants as enumerated in Articles 2 and 3 Architects’ Contract which is not a part of this Agreement along with any other services included under Article 12 Master Facilities Lease.
3.1.2. The Architect shall assist the District in administration of the Contract as described in the Contract Documents, and those excluded under Article 12.1
2.2 The Architect’s services shall be performed as expeditiously as one of the District's representatives during construction until the time that Final Tenant Improvement Payment is consistent due the Contractor under the Contract Documents. The Architect shall advise and consult with professional skill and care the Construction Manager, Project Manager, and the orderly progress Project Inspector with respect to the administration of the Contract and the Work. Upon request of the Owner, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner.
2.3 Solutions Architecture shall identify a representative 3.1.3. The Architect is authorized to act on behalf of the District to the extent provided for in the Contract Documents; and shall have the responsibilities and powers established by law, including Title 24 of the California Code of Regulations. Nothing contained in the Contract Documents shall create any Contractual relationship between the Architect with respect to projects that may arise under this agreement: PRIMARY CONTACT ALTERNATE CONTACTand the Contractor.
2.4 The Architect shall cooperate with the work of consultants retained directly by the Owner3.1.4. The Architect shall assist in visit the coordination Site weekly or at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work of such other consultant(s) completed Work and to determine, in general, if the Work is being performed in a manner indicating that the Work, when completed, shall be in accordance with the work of the Architect’s consultants, and the Architect shall promptly notify the Owner that the work of any consultant is not adequate or satisfactory. The Architect shall have no obligation or responsibility to direct the Owner’s consultants in performing their tasks other than to provide information and assistance necessary for the coordination of their tasks, nor shall the Architect be responsible for delays caused by the Owner’s consultant(s) failure to meet milestones or scheduled submission datesContract Documents. The Architect shall not be responsible for the certification and pre-qualification required to make exhaustive or continuous Site inspections to check quality or quantity of the OwnerWork. On the basis of Site observations as an Architect, the Architect shall keep the District informed of the progress of the Work, and shall endeavor to guard the District against defects and deficiencies in the Work. At the District’s consultants if it sole discretion, the District may require more frequent site visits by the Architect to prevent Project delays.
3.1.5. The Architect and the Project Inspector are authorized to reject Work that is discovered that said consultant(s) had defective, unsafe, or does not been qualified prior conform to the start requirements of workthe Contract Documents. Whenever the Architect or Project Inspector consider it necessary or advisable, for implementation of the intent of the Contract Documents, the Architect and the Project Inspector shall each have authority to require additional inspections or testing of the Work, whether such Work is fabricated, installed, or completed.
2.5 3.1.6. The Architect shall maintain insurance conduct observations to determine the date or dates of Substantial Completion and the date of Final Completion, shall receive and forward to the District, for the duration of this Agreement District's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall verify that the Contractor has complied with all requirements of the types Contract Documents and is entitled to receipt of Final Tenant Improvement Payment.
3.1.7. The Architect shall interpret and decide matters concerning the requirements of the Contract Documents on written request of either the District or the Contractor. The Architect's response to such requests shall be made with reasonable promptness and within the time limits included herein under sub-paragraph 12agreed upon, if any, and in no event to exceed a five (5) working day period from receipt of the request. Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both the District and the Contractor, shall not show partiality to either and shall not be liable for results of interpretations or decisions so rendered in good faith.
Appears in 2 contracts
Sources: Master Site Lease, Master Site Lease
ARCHITECT’S RESPONSIBILITIES. 2.1 2.1. Architect shall perform the services set forth in this Agreement (collectively, the “Services”).
2.2. Architect will discharge its responsibilities set forth in this Agreement and perform its Services in accordance with generally accepted standards of professional and ethical competence and in any event, with the care, skill, and diligence that a prudent person acting in a like capacity and familiar with such matters would use under such circumstances and at such time (“Standard of Care”). The parties agree that the Standard of Care is applicable to all of the Architect’s services consist Services and obligations under this Agreement whether or not the Standard of those services performed by the Architect, Care is expressly referenced in connection with particular provisions of this Agreement.
2.3. Architect shall perform Architect’s employees and Architect’s consultants as enumerated in Articles 2 and 3 of this Agreement along with any other services included under Article 12 and those excluded under Article 12.1
2.2 The Architect’s services shall be performed Services as expeditiously as is consistent with professional skill and care the Standard of Care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services Services, which may be adjusted as the Project proceeds and schedule shall include allowances for periods of time required for the Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this the schedule approved by the Owner constitute a material term of this Agreement and shall not, except for reasonable cause, not be exceeded by the Architect or without further discussion with and written approval of Owner.
2.3 Solutions Architecture 2.4. Unless otherwise directed by Owner, Architect shall enter into written agreements only with such engineers, consultants, and service providers previously identified by Architect and approved by Owner in its sole and absolute discretion to provide the Services required by this Agreement (“Architect’s Consultants”). All agreements with Architect’s Consultants shall identify Owner as a representative authorized third party beneficiary and expressly provide Owner with the right to act rely on the services provided by such consultant under the agreement. Upon request of Owner, Architect shall deliver to Owner copies of all agreements entered into with and all reports generated by Architect’s Consultants.
2.5. Architect shall coordinate the efforts of all of Architect’s Consultants and shall be responsible to Owner for all acts and omissions of Architect, Architect’s Consultants, their employees, agents and any other persons or entities performing portions of Architect’s Services for or on behalf of Architect or Architect’s Consultants.
2.6. Architect and Architect’s Consultants shall each identify individuals who will serve as members of the Project team throughout the course of the Project. Such individuals shall continue working on the Project except (i) in the event of his or her termination of employment or disability, or (ii) for good cause shown. No new individual shall be assigned to the Project team without prior approval of Owner.
2.7. Architect shall become familiar with respect and knowledgeable about all laws, regulations, statutes, codes, ordinances and rules applicable to projects the Project or any existing structures or facilities that may arise will be impacted by the proposed construction (collectively, “Applicable Law”). Architect further agrees to become familiar with and knowledgeable about Owner’s applicable architectural and engineering design standards (“WU Design Standards”).
2.8. Architect shall provide designs, Drawings, Specifications and other documents under this agreement: PRIMARY CONTACT ALTERNATE CONTACTAgreement which comply with (i) the Standard of Care, (ii) the WU Design Standards in use at the beginning of the construction document phase, and (iii) all Applicable Laws in force at the time of issuing the Construction Documents or enacted at the time of issuing the Construction Documents and scheduled to take effect prior to the date scheduled for final completion. Architect shall correct and/or modify any designs, Drawings, Specifications or documents that do not so comply, with reasonable promptness and at no cost to Owner. With respect, specifically, to compliance with the Americans with Disabilities Act (“ADA”), Architect, as part of its meetings with Owner pursuant to this Agreement, shall specifically review with Owner how Architect intends to design the Project in order to meet the requirements of the ADA.
2.4 The 2.9. Architect shall cooperate with and assist Contractor in making applications and obtaining the work required approvals and permits for construction of consultants retained directly the Project from Governmental Authorities. To the extent revisions to the Drawings, Specifications or other documents prepared by or on behalf of Architect are required to obtain approvals or permits from permitting authorities or applicable utilities respecting the Owner. The design of the Project, Architect shall assist in the coordination of the work of make such other consultant(s) with the work of the Architect’s consultants, revisions at its sole cost and the Architect shall promptly notify the Owner that the work of any consultant is not adequate or satisfactoryexpense. The Architect shall have no obligation or responsibility to direct the Owner’s consultants in performing their tasks other than to provide information and assistance necessary for the coordination of their tasks, nor shall the Architect be responsible for delays caused by the Owner’s consultant(s) failure to meet milestones or scheduled submission dates. The Architect shall not be responsible for any governmental fees associated with obtaining such permits and approvals. When requested by Owner, Architect shall appear and participate at meetings and hearings relating to such required approvals or permits and develop information, comments, materials and other information for presentation at such meetings and hearing.
2.10. Unless otherwise specified by Owner’s Representative, Architect shall prepare all of its Drawings and Record Documents to conform to the version of the Washington University CAD Standards Manual in use at the time of the execution of this Agreement. A copy of the CAD Standards Manual is available for review at the Department of Facilities Planning and Management and online at ▇▇▇▇://▇▇▇▇▇.▇▇▇▇▇.▇▇▇/vendors/contract-documents/. Architect shall provide all such Drawings and Record Documents to Owner upon Owner’s request. The costs of any reproductions or prints requested by Owner shall be Reimbursable Expenses under Section 9.2
2.11. Architect shall attend such meetings with Owner and/or Contractor as necessary to perform Architect’s Services. Unless responsibility for such minutes is assigned to Contractor or some other person, Architect shall prepare minutes of such meetings and distribute minutes of such meetings within five (5) business days following the meeting to all attendees, except that Owner’s Representative shall be provided a copy of the minutes whether or not Owner’s Representative attended the meeting.
2.12. Architect shall advise Owner in writing if it appears, at any time, that the Project Schedule or Construction Budget may be exceeded, and shall make recommendations to Owner for corrective action.
2.13. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required by the Contract Documents, Codes or applicable laws, Architect shall specify appropriate performance and design criteria that such services must satisfy. Submittals relating to such portions of the Work shall include the certification and pre-qualification seal, if applicable, of the licensed professional retained for such purpose. Owner and Architect may rely upon professional certification included in a Submittal relating to performance characteristics of materials, systems or equipment that is required by the Contract Documents.
2.14. Architect shall promptly correct, at no additional cost to Owner, any errors, omissions or defects in the Drawings, Specifications or other documents prepared by or on behalf of Architect which fail to meet the required Standard of Care set forth herein. If such an error, omission or defect in the design is discovered after the applicable construction work is in place, Architect shall be responsible to Owner for all additional costs (“Owner’s consultants if it is discovered Costs”) to correct the construction affected by such error, omission or defect. For the purposes hereof, Owner’s Costs which result from Architect’s error(s), omission(s) or defect(s) will equal that said consultant(samount of costs incurred by Owner in excess of that amount of costs which Owner would have incurred had Architect’s work not contained any error (s), omission(s) had not been qualified prior or defect(s). The amount of Owner’s Costs shall mutually be determined by Owner and Architect in the exercise of their reasonable good faith judgment. Upon the final determination by Owner and Architect of Owner’s Costs, Owner shall be reimbursed therefore either (i) by the issuance by Owner and execution by Architect of a deductive Professional Services Change Order in an amount equal to the start Owner’s Costs, or (ii) by direct reimbursement to Owner by or on behalf of work.
2.5 The Architect of Owner’s Costs. Architect shall maintain insurance also be responsible to Owner for all damages, including without limitation, all consequential damages, delay costs, relocation costs, costs associated with temporary occupancy, and any additional construction costs paid in order to correct the duration of this Agreement of construction affected by such error, omission or defect. Owner shall afford Architect the types and limits included herein under sub-paragraph 12first opportunity to correct the same before undertaking such correction on its own.
Appears in 2 contracts
Sources: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect’s Architect shall provide the professional services consist as set forth in this Agreement. The Architect will provide all professional services necessary for the complete design and construction documentation of the Project. The Architect agrees that the Basic Services Fee, as stated in Article 11, represents adequate and sufficient compensation for its timely provision of all professional Basic Services (including those of its consulting structural, mechanical, electrical, plumbing, and civil, and other consulting engineers) necessary to completely design the Project and prepare Construction documents that fully indicate the requirements of construction of the Work, whether or not those Services are individual listed or referred to in this Agreement, the only exceptions to this being: (1) the cost of those services performed that are provided by third parties and that are expressly designated herein as being ’the Owner’s responsibility" or "owner-provided"; and (2) the cost of those engineering or consulting Services that become necessary as a result of an Owner-directed change in Project scope affecting the Architect (and that are the subject of a written agreement for Additional Services between the Owner and the Architect, Architect’s employees and Architect’s consultants as enumerated in Articles 2 and 3 of this Agreement along with any other services included under Article 12 and those excluded under Article 12.1).
§ 2.2 The Architect’s Architect shall meet a standard of professional skill and care used by architects on similar projects, whether such similar projects can be found locality, regionally or nationally. The Architect shall perform its services shall be performed as expeditiously as is consistent with such professional skill and care care.
§ 2.2.1 The Architect hereby warrants that it (and the orderly progress individual architects and engineers it employs on this Project) are registered, licensed and authorized to practice Architecture (or Engineering, as the case may be) as required by law of the State of North Carolina. The Architect warrants that its designs, Construction Documents, and Services shall conform to all federal, state, and local statutes and regulations governing its Services, the Project, and the Work. Upon request of The Architect agrees and acknowledges that his duty is non-delegable—and that the OwnerArchitect, the Architect shall by signing drawings or preparing Construction Documents to submit for purpose of obtaining building and other governmental permits, shall be deemed to certify that it has taken every reasonable measures to ascertain what codes apply to the Owner’s approval a schedule for the performance of Project and has applied them accordingly. Nothing in this Agreement shall be construed to eliminate or diminish the Architect’s services which may be adjusted as the Project proceeds responsibility for compliance of its design, its Construction Documents, and shall include allowances for periods of time required for the Owner’s review its Services provided with local, state, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Ownerfederal statutes and regulations.
§ 2.3 Solutions Architecture The Architect shall identify a representative authorized to act on behalf of the Architect with respect to projects that may arise under this agreement: PRIMARY CONTACT ALTERNATE CONTACTthe Project. This designation shall be submitted in writing for the Owner’s prior approval. Once approved, the designated representative shall not be changed without the Owner’s written authorization.
§ 2.4 The Except with the Owner’s knowledge and consent, the Architect shall cooperate with the work of consultants retained directly by the Owner. The Architect shall assist not engage in the coordination of the work of such other consultant(s) with the work of any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s consultants, and the Architect shall promptly notify the Owner that the work of any consultant is not adequate or satisfactory. The Architect shall have no obligation or responsibility professional judgment with respect to direct the Owner’s consultants in performing their tasks other than to provide information and assistance necessary for the coordination of their tasks, nor shall the Architect be responsible for delays caused by the Owner’s consultant(s) failure to meet milestones or scheduled submission dates. The Architect shall not be responsible for the certification and pre-qualification of the Owner’s consultants if it is discovered that said consultant(s) had not been qualified prior to the start of workthis Project.
§ 2.5 The Architect shall maintain the insurance requirements of Exhibit _B , "Insurance Requirements" for the duration of this Agreement Agreement.
§ 2.6 (G.S. Chapter 133) The Architect shall comply with applicable provisions of the types and limits included herein under sub-paragraph 12N.C. General Statutes Chapter 33, Article 1.
Appears in 2 contracts
Sources: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect’s Architect shall provide professional services consist of those as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by the Architect, Architect’s employees and Architect’s consultants as enumerated in Articles 2 and 3 of this Agreement along with any other services included under Article 12 and those excluded under Article 12.1appropriately licensed design professionals.
§ 2.2 The Architect’s Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall be performed perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the WorkProject. Upon request of the Owner, the The Architect shall submit satisfy the requirements for the Owner’s approval a schedule for lawful practice of architecture in the performance of the Architect’s services which may be adjusted as state where the Project proceeds and shall include allowances for periods of time required for the Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owneris located.
§ 2.3 Solutions Architecture The Architect shall identify a representative authorized to act on behalf of the Architect with respect to projects that may arise under this agreement: PRIMARY CONTACT ALTERNATE CONTACTthe Project. The representative shall be a Principal in Charge.
§ 2.4 The Except with the Owner’s knowledge and consent, the Architect shall cooperate with the work of consultants retained directly by the Owner. The Architect shall assist not engage in the coordination of the work of such other consultant(s) with the work of any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s consultants, and the Architect shall promptly notify the Owner that the work of any consultant is not adequate or satisfactory. The Architect shall have no obligation or responsibility professional judgment with respect to direct the Owner’s consultants in performing their tasks other than to provide information and assistance necessary for the coordination of their tasks, nor shall the Architect be responsible for delays caused by the Owner’s consultant(s) failure to meet milestones or scheduled submission dates. The Architect shall not be responsible for the certification and pre-qualification of the Owner’s consultants if it is discovered that said consultant(s) had not been qualified prior to the start of workthis Project.
§ 2.5 The Architect shall maintain the following insurance for the duration until termination of this Agreement Agreement. If any of the requirements set forth below are in addition to the types and limits included herein the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. The Architect shall furnish to the Owner annually, unless otherwise requested, during the active terms of this Agreement, a certificate from an Insurance Carrier authorized to do business in the location of the Project indicating: 1) the existence of the insurance required under sub-paragraph 12this section; 2) the amount of deductible; and 3) the amount of coverage of such insurance. The Architect shall submit a Certificate of Insurance covering the Professional Liability Insurance requirement for one year beyond the Substantial Completion Date of the Project. During any period in which the Architect is not in compliance with the terms of this Article, no compensation will be paid by the Owner to the Architect. It is agreed that the Architect will indemnify and hold harmless the Owner, its officers, its employees and its Designated Representative from any claim or liability of any type, including, without limitation, loss of use, reasonable counsel fees and defense costs, resulting from the Architect’s negligence or that of its employees or subcontractors, in the performance of work under this contract. In the event that the Architect is requested and refuses to honor the indemnity provisions hereunder, then, in addition to all other obligations, and upon adjudication of the Architect’s liability for indemnification, the Architect shall pay the cost of bringing any such action, including attorney’s fees, to the Owner.
§ 2.5.1 Commercial General Liability with policy limits of not less than « » ($ « » ) for each occurrence and « » ($ « » ) in the aggregate for bodily injury and property damage.
§ 2.5.1.1 The Architect shall secure and maintain at its sole cost and expense, adequate General Liability Insurance to protect the Owner and its employees against claims arising out of the Architect’s services during the design and construction of the Project for damages in law or equity for property damage and personal injury, including wrongful death. The Owner shall be named as an additional insured in the policy and the Architect shall submit a
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect’s Architect shall provide professional services consist of those as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by the Architect, Architect’s employees and Architect’s consultants as enumerated in Articles 2 and 3 of this Agreement along with any other services included under Article 12 and those excluded under Article 12.1appropriately licensed design professionals.
§ 2.2 The Architect’s Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall be performed perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the WorkProject. Upon request of the Owner, the The Architect shall submit satisfy the requirements for the Owner’s approval a schedule for lawful practice of architecture in the performance of the Architect’s services which may be adjusted as state where the Project proceeds and shall include allowances for periods of time required for the Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owneris located.
§ 2.3 Solutions Architecture The Architect shall identify a representative authorized to act on behalf of the Architect with respect to projects that may arise under this agreement: PRIMARY CONTACT ALTERNATE CONTACTthe Project. The representative shall be a Principal in Charge.
§ 2.4 The Except with the Owner’s knowledge and consent, the Architect shall cooperate with the work of consultants retained directly by the Owner. The Architect shall assist not engage in the coordination of the work of such other consultant(s) with the work of any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s consultants, and the Architect shall promptly notify the Owner that the work of any consultant is not adequate or satisfactory. The Architect shall have no obligation or responsibility professional judgment with respect to direct the Owner’s consultants in performing their tasks other than to provide information and assistance necessary for the coordination of their tasks, nor shall the Architect be responsible for delays caused by the Owner’s consultant(s) failure to meet milestones or scheduled submission dates. The Architect shall not be responsible for the certification and pre-qualification of the Owner’s consultants if it is discovered that said consultant(s) had not been qualified prior to the start of workthis Project.
§ 2.5 The Architect shall maintain the following insurance for the duration until termination of this Agreement Agreement. If any of the requirements set forth below are in addition to the types and limits included herein the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. The Architect shall furnish to the Owner annually, unless otherwise requested, during the active terms of this Agreement, a certificate from an Insurance Carrier authorized to do business in the location of the Project indicating: 1) the existence of the insurance required under sub-paragraph 12this section; 2) the amount of deductible; and 3) the amount of coverage of such insurance. The Architect shall submit a Certificate of Insurance covering the Professional Liability Insurance requirement for one year beyond the Substantial Completion Date of the ▇▇▇▇▇▇▇.▇▇▇▇ During any period in which the Architect is not in compliance with the terms of this Article, no compensation will be paid by the Owner to the Architect. It is agreed that the Architect will indemnify and hold harmless the Owner, its officers, its employees and its Designated Representative from any claim or liability of any type, including, without limitation, loss of use, reasonable counsel fees and defense costs, resulting from the Architect’s negligence or that of its employees or subcontractors, in the performance of work under this contract. In the event that the Architect is requested and refuses to honor the indemnity provisions hereunder, then, in addition to all other obligations, and upon adjudication of the Architect’s liability for indemnification, the Architect shall pay the cost of bringing any such action, including attorney’s fees, to the Owner.
§ 2.5.1 Commercial General Liability with policy limits of not less than «One Million dollars » ($ «1,000,000 » ) for each occurrence and «Two Million dollars » ($ «2,000,000 » ) in the aggregate for bodily injury and property damage.
§ 2.5.1.1 The Architect shall secure and maintain at its sole cost and expense, adequate General Liability Insurance to protect the Owner and its employees against claims arising out of the Architect’s services during the design and construction of the Project for damages in law or equity for property damage and personal injury, including wrongful death. The Owner shall be named as an additional insured in the policy and the Architect shall submit a
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. 2.1 § 1.1 The Architect’s Architect shall provide the following professional services:
§ 1.1.1 The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services consist of those required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals.
§ 1.1.2 Whenever the Architectterm Architect is used in this agreement, Architect’s employees it is intended to mean the designer of record and Architect’s consultants as enumerated can be either a Maine Registered Architect or Engineer.
§ 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in Articles 2 and 3 of this Agreement along with any other the same or similar locality under the same or similar circumstances. The Architect shall perform its services included under Article 12 and those excluded under Article 12.1
2.2 The Architect’s services shall be performed as expeditiously as is consistent with such professional skill and care and the orderly progress of the Work. Upon request Project.
§ 1.2.1 Within four (4) weeks after the date of the Ownerthis Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of services which may be adjusted and for Substantial Completion of the Work as set forth in the Project proceeds and Initial Information. The schedule shall include allowances for periods of time required for the Owner’s review review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time Once approved by the Owner, time limits established by this the schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction.
2.3 Solutions Architecture shall identify a § 1.3 The Architect identifies the following representative authorized to act on behalf of the Architect with respect to projects that may arise under this agreement: PRIMARY CONTACT ALTERNATE CONTACTthe Project.
2.4 The § 1.4 Except with the Owner’s knowledge and consent, the Architect shall cooperate with the work of consultants retained directly by the Owner. The Architect shall assist not engage in the coordination of the work of such other consultant(s) with the work of any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s consultants, and the Architect shall promptly notify the Owner that the work of any consultant is not adequate or satisfactory. The Architect shall have no obligation or responsibility professional judgment with respect to direct the Owner’s consultants in performing their tasks other than to provide information and assistance necessary for the coordination of their tasks, nor shall the Architect be responsible for delays caused by the Owner’s consultant(s) failure to meet milestones or scheduled submission dates. The Architect shall not be responsible for the certification and pre-qualification of the Owner’s consultants if it is discovered that said consultant(s) had not been qualified prior to the start of workthis Project.
2.5 § 1.5 The Architect shall maintain the following insurance for the duration until termination of this Agreement Agreement. If any of the requirements set forth below are in addition to the types and limits included herein the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 6.2.3.
§ 1.5.1 Commercial General Liability with policy limits of not less than «one million dollars» ($«1,000,000») for each occurrence and «one million dollars» ($«1,000,000») in the aggregate for bodily injury and
§ 1.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by th limits of not less than «one million dollars» ($ «1,000,000» ) per accident for bodily injury, property damage arising out of the ownership, maintenance and use of those motor vehicles statutorily required automobile coverage.
§ 1.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under sub-paragraph 12Sections 1.5.1 and 1.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. 2.1 § 1.1 The Architect’s Architect shall provide the following professional services:
§ 1.1.1 The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services consist of those required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals.
§ 1.1.2 Whenever the Architectterm Architect is used in this agreement, Architect’s employees it is intended to mean the designer of record and Architect’s consultants as enumerated can be either a Maine Registered Architect or Engineer.
§ 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in Articles 2 and 3 of this Agreement along with any other the same or similar locality under the same or similar circumstances. The Architect shall perform its services included under Article 12 and those excluded under Article 12.1
2.2 The Architect’s services shall be performed as expeditiously as is consistent with such professional skill and care and the orderly progress of the Work. Upon request Project.
§ 1.2.1 Within four (4) weeks after the date of the Ownerthis Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of services which may be adjusted and for Substantial Completion of the Work as set forth in the Project proceeds and Initial Information. The schedule shall include allowances for periods of time required for the Owner’s review review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time Once approved by the Owner, time limits established by this the schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction.
2.3 Solutions Architecture shall identify a § 1.3 The Architect identifies the following representative authorized to act on behalf of the Architect with respect to projects that may arise under this agreement: PRIMARY CONTACT ALTERNATE CONTACTthe Project.
2.4 The § 1.4 Except with the Owner’s knowledge and consent, the Architect shall cooperate with the work of consultants retained directly by the Owner. The Architect shall assist not engage in the coordination of the work of such other consultant(s) with the work of any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s consultants, and the Architect shall promptly notify the Owner that the work of any consultant is not adequate or satisfactory. The Architect shall have no obligation or responsibility professional judgment with respect to direct the Owner’s consultants in performing their tasks other than to provide information and assistance necessary for the coordination of their tasks, nor shall the Architect be responsible for delays caused by the Owner’s consultant(s) failure to meet milestones or scheduled submission dates. The Architect shall not be responsible for the certification and pre-qualification of the Owner’s consultants if it is discovered that said consultant(s) had not been qualified prior to the start of workthis Project.
2.5 § 1.5 The Architect shall maintain the following insurance for the duration until termination of this Agreement Agreement. If any of the requirements set forth below are in addition to the types and limits included herein the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 6.2.3.
§ 1.5.1 Commercial General Liability with policy limits of not less than ($ ) one million dollars ($1,000,000) for each occurrence and ($ ) one million dollars ($1,000,000) in the aggregate for bodily injury and property damage.
§ 1.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than one million dollars ($ 1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage.
§ 1.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under sub-paragraph 12Sections 1.5.1 and 1.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect’s Architect shall provide the professional services consist as set forth in this Agreement. In providing its services for the Project, the Architect shall at all times exercise not less than the standard of professional care customarily exercised by nationally-recognized architecture firms practicing in the State of Texas performing services similar to those required by this Agreement and for the Project. The services performed and deliverables provided by the ArchitectArchitect shall comply with all laws, Architectcodes, statutes, ordinances, orders, rules and regulations of all federal, state, county and local governmental agencies having jurisdiction over the Project and the Project’s employees design and Architect’s consultants as enumerated in Articles 2 and 3 of this Agreement along with any other services included under Article 12 and those excluded under Article 12.1construction (“Laws”).
§ 2.2 The Architect’s Architect shall perform its services shall be performed as expeditiously as is consistent with such professional skill and care and the orderly progress of the WorkProject and in conformance with the Architect’s Schedule as modified from time to time in coordination with the overall Project Schedule. Upon request of the Owner, the Architect shall submit not be liable for any Project delay except to the Owner’s approval a schedule for extent such delay is caused by the performance breach of contract or other legal duty, negligence or negligent misrepresentation of the Architect’s .
§ 2.3 The Architect shall provide its services which may in conjunction with the services of a Construction Manager. The Architect shall not be adjusted as the Project proceeds and shall include allowances responsible for periods of time required for the Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved actions taken by the Owner shall not, Construction Manager except for reasonable cause, be exceeded to the extent such actions are caused by the Architect breach of contract or Ownerother legal duty, negligence or negligent misrepresentation of the Architect.
2.3 Solutions Architecture § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to projects the Project.
§ 2.5 Except with the Owner’s knowledge and prior written consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that may arise under would reasonably appear to compromise the Architect’s professional judgment with respect to this agreement: PRIMARY CONTACT ALTERNATE CONTACTProject.
2.4 § 2.6 The Architect is responsible for the overall coordination and management of the entire Project design including, without limitation, any elements of the Project design provided by or through the Owner or Construction Manager. imitation, the Architect’s ollo The Architect shall cooperate provide its services in cooperation with the work of services provided by Owner and Owner’s consultants retained directly and contractors including, without limitation, the Program Manager and Construction Manager (collectively, “Owner’s consultants and contractors”) and shall coordinate its services with those services provided by the Owner and Owner’s consultants and contractors. The Architect shall assist be entitled to rely on the accuracy and completeness of services and information furnished by Owner and Owner’s consultants and contractors except to the extent Architect knew or should have known such information was incomplete or in the coordination of the work of such other consultant(s) with the work of the Architect’s consultants, and the Architect shall promptly notify the Owner that the work of any consultant is not adequate or satisfactoryerror. The Architect shall have no obligation or responsibility provide prompt written notice to direct the Owner’s consultants in performing their tasks other than to provide information Owner and assistance necessary for the coordination of their tasks, nor shall Program Manager if the Architect be responsible for delays caused by the Owner’s consultant(s) failure to meet milestones becomes aware of any error, omi such services or scheduled submission datesinformation. The Architect shall not be held responsible for the certification and pre-qualification of the Owner’s consultants if it is discovered that said consultant(s) had not been qualified prior cons work, services, conduct or finished product except to the start extent of worka Loss caused by the neg misrepresentation or breach of contract or other legal duty by Architect including, without l duty to coordinate and manage the overall design.
2.5 The Architect shall maintain insurance for the duration of this Agreement of the types and limits included herein under sub-paragraph 12.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect’s Architect shall provide professional services consist of those as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by the Architect, Architect’s employees and Architect’s consultants as enumerated in Articles 2 and 3 of this Agreement along with any other services included under Article 12 and those excluded under Article 12.1appropriately licensed design professionals.
§ 2.2 The Architect’s Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall be performed perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Project.
§ 2.3 The Architect shall submit provide its services in conjunction with the services of a Construction Manager as described in AIA Document C132™–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Architect shall not be responsible for the Owner’s approval a schedule for the performance of the Architect’s services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved actions taken by the Owner shall not, except for reasonable cause, be exceeded by the Architect or OwnerConstruction Manager.
2.3 Solutions Architecture § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to projects that may arise under this agreement: PRIMARY CONTACT ALTERNATE CONTACTthe Project.
2.4 The § 2.5 Except with the Owner’s knowledge and consent, the Architect shall cooperate with the work of consultants retained directly by the Owner. The Architect shall assist not engage in the coordination of the work of such other consultant(s) with the work of any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s consultants, and the Architect shall promptly notify the Owner that the work of any consultant is not adequate or satisfactory. The Architect shall have no obligation or responsibility professional judgment with respect to direct the Owner’s consultants in performing their tasks other than to provide information and assistance necessary for the coordination of their tasks, nor shall the Architect be responsible for delays caused by the Owner’s consultant(s) failure to meet milestones or scheduled submission dates. The Architect shall not be responsible for the certification and pre-qualification of the Owner’s consultants if it is discovered that said consultant(s) had not been qualified prior to the start of workthis Project.
2.5 § 2.6 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. Architect/Engineer shall procure and maintain for the duration of this Agreement (and shall include coverage for any services that preceded this Agreement), and for any period thereafter as described in this Article, the following insurance coverages arising out of or resulting from the Professional Services and completed operations provided under this Agreement by the Architect/Engineer, its agents, representatives, employees, subcontractors or by anyone for whose acts any of them may be liable.
§ 2.6.1 Commercial General Liability with policy limits of not less than « » ($ « » ) for each occurrence and « » ($ « » ) in the aggregate for bodily injury and property damage. Commercial General Liability (CGL) Insurance as specified by the most recent version of Insurance Services Office Occurrence Form CG 001 with at least the following limits of liability: The CGL Policy shall not be subject to a deductible or self-insured retention (SIR) unless approved in writing by the Owner. If a combination of primary and excess liability policies are used to satisfy the requirements of this paragraph, the excess policies shall be written on a following form basis and contain coverage at least as broad as that provided by the primary policy. Completed operations coverage shall be provided for a term equal to the statute of repose in the jurisdiction in where the Project is located.
§ 2.6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than « » ($ « » ) per accident for bodily injury, death of any person, and property damage arising out of the types ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. Commercial Automobile Liability Insurance as specified by the most recent version of Insurance Services Office Form CA 001 with Code 1 (Any Auto) elected and at the least the following limits included herein of liability: The Automobile Liability coverages shall not be subject to a deductible or SIR unless approved in writing by the Owner.
§ 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under sub-paragraph 12Sections 2.6.1 and 2.6.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition
ARCHITECT’S RESPONSIBILITIES. 2.1 1.1. The Architect’s Architects’ services consist of those services performed by the Architect, Architect’s employees Architects’ employees, and Architect’s consultants as enumerated in Articles 2 and 3 of this Agreement along with and any other services included under as provided in Article 12 of this Agreement.
1.2. The Architect’s services shall be performed by architects who are duly registered and those excluded licensed in the State of Nebraska.
1.3. The Architect will perform its services consistent with the professional skill and care provided by architects practicing in the same locality under Article 12.1
2.2 the same or similar circumstances. The Architect’s services shall be performed as expeditiously as is consistent with professional skill and care and care, the orderly progress of the WorkArchitect's Work and the requirements of this Agreement. Upon request of the Owner, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s ’ services for each Project as provided in Paragraph 2.2.12 hereof, which may be adjusted as the Project proceeds proceeds, and shall include allowances for periods of time required for the Owner’s review and for approval of submissions by the Architect and for approvals by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except each Project and for reasonable cause, be exceeded by the Architect or obtaining required approvals of Owner.
2.3 Solutions Architecture shall identify a representative authorized to act on behalf 's Board of the Architect with respect to projects that may arise under this agreement: PRIMARY CONTACT ALTERNATE CONTACT
2.4 The Architect shall cooperate with the work of consultants retained directly by the OwnerEducation. The Architect approved schedule shall assist in the coordination be deemed a part of the work of such other consultant(s) with the work of the Architect’s consultants, and the Architect shall promptly notify the Owner that the work of any consultant is not adequate or satisfactory. The Architect shall have no obligation or responsibility to direct the Owner’s consultants in performing their tasks other than to provide information and assistance necessary for the coordination of their tasks, nor shall the Architect be responsible for delays caused by the Owner’s consultant(s) failure to meet milestones or scheduled submission datesthis Agreement. The Architect shall not be responsible exceed time limits established by the approved schedule unless the Owner agrees in writing to a modification of the schedule.
1.4. The Architect covenants with the Owner to furnish its professional skill and judgment, pursuant to the professional standard of care set forth in this Agreement, and to cooperate with the Owner in furthering the Owner’s best interests.
1.5. The Architect agrees to furnish efficient administration, observation, and inspection, as defined in paragraph 1.5.1, for each Project and to perform all duties in the certification soundest, most expedient, exemplary, and pre-qualification economical manner consistent with the interests of the Owner’s .
1.5.1. Required observations and inspections shall include all observations and inspections required by Architects standard of care.
1.6. The Architect will support the Owner's efforts to implement the economic inclusion programs for the design and construction phases of the Projects. The Architect will also support the Owner's efforts with contractors to implement economic inclusion programs for the construction of the Projects.
1.7. The Architect will indemnify, hold harmless, and protect the Owner against any loss, damage, claim, liability, and cost, including attorneys' fees, proximately caused by any negligent error or omission in the performance of any professional services or in any plan or specification within the responsibility of the Architect or Architect's consultants if it is discovered that said consultant(s) had not been qualified prior or to any breach of duty or obligation assumed by or required of Architect under the terms of this Agreement.
1.8. The Architect unconditionally agrees to promptly remedy at its own cost any defect in the Project proximately resulting from the negligence of Architect or its consultants or from the failure of Architect or its consultants to perform its services in a manner as required by this Agreement, or, at the election of the Owner, to pay the reasonable cost of such remedy as performed by a competent third party chosen by the Owner.
1.9. Since this Agreement provides for the physical performance of services in the State of Nebraska, as determined under state law, Architect must register with and utilize an electronic verification system or program, whether the work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, now known as the “E-Verify Program” or an equivalent federal program designated by the Department of Homeland Security or other federal agency authorized to verify the work eligibility status of any newly hired employee pursuant to the start Immigration Reform and Control Act of work.
2.5 The 1986. Architect shall maintain insurance contractually require all subcontractors and consultants performing any portion of the Architect's Work under this Agreement to also register and utilize such electronic verification system. Architect and all of Architect's subcontractors and consultants shall use such electronic verification system to determine the work eligibility status of each new employee physically performing any services within the State of Nebraska under the Agreement. Any person whom the electronic verification system determines is ineligible or not authorized to work in the United States shall not be permitted by Architect, nor any subcontractor or consultant, to perform services in Nebraska under this Agreement. Architects shall provide such reasonable documentation as Owner may request, from time to time, during the performance of the contract and for 5 years thereafter documenting compliance with the duration provisions of this Agreement of the types and limits included herein under sub-paragraph 12.Paragraph
Appears in 1 contract
Sources: Architect Agreement
ARCHITECT’S RESPONSIBILITIES. 2.1 1.1.1 The Architect’s 's services consist of those services performed by the Architect, Architect’s 's employees and Architect’s consultants 's subconsultants as enumerated in Articles 2 and 3 of this Agreement along with and any other services included under in Article 12 and those excluded under Article 12.112.
2.2 1.1.2 The Architect’s 's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request The Architect shall adhere to the in Article 6 of the Owner, the Architect shall submit for the Owner’s approval a Supplemental Conditions. The schedule for the performance of the Architect’s services which may be adjusted as the Project proceeds and shall include includes allowances for periods of time required for the Owner’s 's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established The schedule, shall not be extended by the Architect without prior notice and written approval of the Owner.
1.1.3 The Architect and its subconsultants, subconsultants, agents, employees and officers shall promptly, upon notice or discovery, during any phase of the Project, make necessary revisions or corrections of errors, ambiguities or omissions in the drawings and specifications without additional compensation or expense to the Owner.
1.1.4 The Architect shall comply with written directives, memoranda, and "The Supplemental Conditions and Procedures for Architects and Engineers", dated, September 3, 1997, Revised October 23, 1999, as issued by the Owner, is hereby made a part of, and incorporated into, the terms of this schedule approved Agreement. If there are any conflicts between "The Standard Form of Agreement Between Owner and Architect" and "The Supplemental Conditions and Procedures for Architects and Engineers", the Owner-Architect Agreement prevails.
1.1.5 It is understood between the parties that, under conditions where the Owner deems it beneficial to the project, the Architect may be working in coordination and cooperation with other Consultants who will be employed independently by the Owner shall not, except and responsible to the Owner for reasonable cause, be exceeded by their work and the Architect or Owner.
2.3 Solutions Architecture shall identify a representative authorized to act on behalf performance of the Architect their respective agreements with respect to projects that may arise under this agreement: PRIMARY CONTACT ALTERNATE CONTACT
2.4 The Architect shall cooperate with the work of consultants retained directly by the Owner. The Architect and its Consultants shall assist in the coordination of the work of such other consultant(s) cooperate with the work Owner and other Consultants in a manner to assure that the Project is not adversely affected and that the Work of the Architect’s consultants, and 's portion of the Architect shall promptly notify the Owner that the work of any consultant Project is not adequate or satisfactory. carried out expeditiously.
1.1.6 The Architect shall have no obligation or responsibility to direct prepare all Project Documents (Bidding Documents and Contract Modification Documents) in accordance with the Owner’s consultants requirements stated in performing their tasks other than to provide information and assistance necessary for Department of Education's, Florida Administrative Code (FAC), Florida Building Code (FBC) in effect at the coordination of their tasks, nor shall the Architect be responsible for delays caused by the Owner’s consultant(s) failure to meet milestones or scheduled submission dates. The Architect shall not be responsible for the certification and pre-qualification time of the Owner’s consultants if it is discovered that said consultant(s) had not been qualified prior to the start of work.
2.5 The Architect shall maintain insurance for the duration execution of this Agreement and/or document review, as well as any changes in the code during the term of this Agreement and "The Supplemental Conditions and Procedures for Architects and Engineers". The format of the types documents shall be according to the latest version of the District Master Specifications.
1.1.7 The Architect's and limits included herein under subEngineer’s Project Documents shall include, but are not limited to, the preparation of drawings and specifications, for the following elements of the Project: (a) Architectural -paragraph 12.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect shall provide professional services as set forth in this Agreement. The Architect shall also comply with Texas Administrative Code, Title 19 Section 61.1036, pertaining to services and actions required of the Architect. Architect, prior to
§ 2.2 The Architect shall use the Architect’s best efforts, skill, judgment and abilities to perform the services consist in compliance with all laws, regulations, codes, ordinances and orders of those services performed by governmental bodies having jurisdiction, to further the interests of the Owner in accordance with the Owner’s requirements and procedures, and to represent that the Project, if built in compliance with the plans and specifications, will comply with all applicable laws, codes and ordinances. The Architect shall be responsible to the Owner for all costs and damages resulting from: (1) defects in design; (2) non-workability of design details; (3) failure of the Architect to comply with the terms of this Agreement; and (4) errors and omissions of the Architect. Any designs, Architectdrawings or specifications prepared or furnished by Architect that contain errors, conflicts, or omissions will be promptly corrected by Architect at no additional cost to Owner. Owner’s employees and Architect’s consultants as enumerated in Articles 2 and 3 approval, acceptance, use of, or payment for, all or any part of this Agreement along with any other services included under Article 12 and those excluded under Article 12.1
2.2 The Architect’s services shall be performed in no way alter Architect’s obligations or Owner’s rights hereunder. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner.
§ 2.3 Solutions Architecture The Architect shall identify a representative authorized to act on behalf of the Architect with respect to projects the Project.
§ 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that may arise would reasonably appear to compromise the Architect’s professional
§ 2.5 Prior to performing Architect’s services under this agreement: PRIMARY CONTACT ALTERNATE CONTACT
2.4 The Agreement, Architect shall cooperate with procure, maintain and provide insurance certificates, policies and endorsements, in at least the work of consultants retained directly by the Owner. The following amounts, to protect Architect shall assist in the coordination and Owner from claims arising out of the work of such other consultant(s) with the work performance of the Architect’s consultantsservices under this Agreement and caused by any error, and the Architect shall promptly notify the Owner that the work of any consultant is not adequate omission, negligent act or satisfactory. The Architect shall have no obligation omission, or responsibility design defect by Architect, such insurance to direct the Owner’s consultants be in performing their tasks other than to provide information and assistance necessary for the coordination of their tasks, nor shall the Architect be responsible for delays caused a form approved by the Owner’s consultant(s) failure to meet milestones or scheduled submission dates. The Architect shall not be responsible for the certification and pre-qualification of the Owner’s consultants if it is discovered that said consultant(s) had not been qualified , with an effective date prior to the start beginning date of work.
2.5 The design. Such insurance shall be written on an occurrence basis, if available, and on a claims-made basis, if occurrence basis insurance is not available. Architect shall maintain its insurance for in full force and effect and uninterrupted during the duration term of this Agreement and after the completion of services under this Agreement until the types completion of any applicable statute of limitations, such period to be not less than one year from Final Completion of all construction of this Project as to workers compensation, two years from the Final Completion of all construction of this Project as to commercial general liability, and limits included herein under sub-paragraph 12.comprehensive
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect’s Architect shall provide professional services consist of those as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by the Architect, Architect’s employees and Architect’s consultants as enumerated in Articles 2 and 3 of this Agreement along with any other services included under Article 12 and those excluded under Article 12.1appropriately licensed design professionals.
§ 2.2 The Architect’s Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall be performed perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Project.The Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The Architect’s services which may shall be adjusted performed as diligently and expeditiously as is consistent with the Project proceeds professional skill and shall include allowances for periods care ordinarily provided by Architects under the same or similar circumstances and the orderly progress of time required for the Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits , taking into account the agreed upon schedule which initially shall be consistent with the time periods established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the in Exhibit D.
§ 2.3 The Architect or Owner.
2.3 Solutions Architecture shall identify a representative authorized to act on behalf of the Architect with respect to projects the Project.
§ 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that may arise under would reasonably appear to compromise the Architect’s professional judgment with respect to this agreement: PRIMARY CONTACT ALTERNATE CONTACTProject.
2.4 § 2.5 The Architect shall cooperate with review laws, codes, and regulations applicable to the work of consultants retained directly by the OwnerArchitect’s services. The Architect shall assist prepare the design of the Project to meet the requirements imposed by governmental authorities having jurisdiction over the Project.
§ 2.6 The Architect shall perform all architectural and design services with the professional skill and care ordinarily provided by architects practicing in the coordination State of Georgia under the work of such other consultant(s) with the work of the Architect’s consultants, and the Architect shall promptly notify the Owner that the work of any consultant is not adequate same or satisfactorysimilar circumstances. The Architect shall have no obligation or responsibility to direct the Owner’s consultants in performing their tasks other than to provide information and assistance necessary for the coordination of their tasks, nor shall the Architect be responsible for delays caused by the Owner’s consultant(s) failure to meet milestones or scheduled submission dates. The Architect shall not be responsible for the certification Architect’s negligent and pre-qualification other wrongful acts and omissions. It is the intent to have a very deliberate design review process with Owner, Architect and Contractor to sign off after each phase of service and thus minimizing the potential for subjective opinions regarding overall design details.
§ 2.7 The Architect and its consultants, subcontractors, and agents shall promptly, upon notice or discovery, during any phase of the Owner’s consultants if it is discovered that said consultant(s) had not been qualified prior to Work, make necessary revisions or corrections of errors, ambiguities or omissions in the start of workdrawings and specifications without additional compensation.
2.5 The Architect shall maintain insurance for the duration of this Agreement of the types and limits included herein under sub-paragraph 12.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. 2.1 2.1. Architect shall perform the services set forth in this Agreement (collectively, the “Services”).
2.2. Architect will discharge its responsibilities set forth in this Agreement and perform its Services in accordance with generally accepted standards of professional and ethical competence and in any event, with the care, skill, and diligence that a prudent person acting in a like capacity and familiar with such matters would use under such circumstances and at such time (“Standard of Care”). The parties agree that the Standard of Care is applicable to all of the Architect’s services consist Services and obligations under this Agreement whether or not the Standard of those services performed by the Architect, Care is expressly referenced in connection with particular provisions of this Agreement.
2.3. Architect shall perform Architect’s employees and Architect’s consultants as enumerated in Articles 2 and 3 of this Agreement along with any other services included under Article 12 and those excluded under Article 12.1
2.2 The Architect’s services shall be performed Services as expeditiously as is consistent with professional skill and care the Standard of Care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services Services, which may be adjusted as the Project proceeds and schedule shall include allowances for periods of time required for the Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this the schedule approved by the Owner constitute a material term of this Agreement and shall not, except for reasonable cause, not be exceeded by the Architect or without further discussion with and written approval of Owner.
2.3 Solutions Architecture 2.4. Unless otherwise directed by Owner, Architect shall enter into written agreements only with such engineers, consultants, and service providers previously identified by Architect and approved by Owner in its sole and absolute discretion to provide the Services required by this Agreement (“Architect’s Consultants”). All agreements with Architect’s Consultants shall identify Owner as a representative authorized third party beneficiary and expressly provide Owner with the right to act rely on the services provided by such consultant under the agreement. Upon request of Owner, Architect shall deliver to Owner copies of all agreements entered into with and all reports generated by Architect’s Consultants.
2.5. Architect shall coordinate the efforts of all of Architect’s Consultants and shall be responsible to Owner for all acts and omissions of Architect, Architect’s Consultants, their employees, agents and any other persons or entities performing portions of Architect’s Services for or on behalf of Architect or Architect’s Consultants.
2.6. Architect and Architect’s Consultants shall each identify individuals who will serve as members of the Project team throughout the course of the Project. Such individuals shall continue working on the Project except (i) in the event of his or her termination of employment or disability, or (ii) for good cause shown. No new individual shall be assigned to the Project team without prior approval of Owner.
2.7. Architect shall become familiar with respect and knowledgeable about all laws, regulations, statutes, codes, ordinances and rules applicable to projects the Project or any existing structures or facilities that may arise will be impacted by the proposed construction (collectively, “Applicable Law”). Architect further agrees to become familiar with and knowledgeable about Owner’s applicable architectural and engineering design standards (“WU Design Standards”). The WU Design Standards for the Medical School campus are available for review at the offices of the Facilities Management Department, Capital Projects and Planning (at WUSM) and online at ___________________________. The WU Design Standards for all other campuses are available for review at the Department of Facilities Planning and Management (at ▇▇▇▇▇▇▇▇) and online at ___________________________________.
2.8. Architect shall provide designs, Drawings, Specifications and other documents under this agreement: PRIMARY CONTACT ALTERNATE CONTACTAgreement which comply with (i) the Standard of Care, (ii) the WU Design Standards in use at the beginning of the construction document phase, and (iii) all Applicable Laws in force at the time of issuing the Construction Documents or enacted at the time of issuing the Construction Documents and scheduled to take effect prior to the date scheduled for final completion. Architect shall correct and/or modify any designs, Drawings, Specifications or documents that do not so comply, with reasonable promptness and at no cost to Owner. With respect, specifically, to compliance with the Americans with Disabilities Act (“ADA”), Architect, as part of its meetings with Owner pursuant to this Agreement, shall specifically review with Owner how Architect intends to design the Project in order to meet the requirements of the ADA.
2.4 The 2.9. Architect shall cooperate with and assist Contractor in making applications and obtaining the work required approvals and permits for construction of consultants retained directly the Project from Governmental Authorities. To the extent revisions to the Drawings, Specifications or other documents prepared by or on behalf of Architect are required to obtain approvals or permits from permitting authorities or applicable utilities respecting the Owner. The design of the Project, Architect shall assist in the coordination of the work of make such other consultant(s) with the work of the Architect’s consultants, revisions at its sole cost and the Architect shall promptly notify the Owner that the work of any consultant is not adequate or satisfactoryexpense. The Architect shall have no obligation or responsibility to direct the Owner’s consultants in performing their tasks other than to provide information and assistance necessary for the coordination of their tasks, nor shall the Architect be responsible for delays caused by the Owner’s consultant(s) failure to meet milestones or scheduled submission dates. The Architect shall not be responsible for any governmental fees associated with obtaining such permits and approvals. When requested by Owner, Architect shall appear and participate at meetings and hearings relating to such required approvals or permits and develop information, comments, materials and other information for presentation at such meetings and hearing.
2.10. Unless otherwise specified by Owner’s Representative, Architect shall prepare all of its Drawings and Record Documents to conform to the version of the Washington University CAD Standards Manual in use at the time of the execution of this Agreement. A copy of the CAD Standards Manual is available for review at the Department of Facilities Planning and Management and online at ________________________________________. Architect shall provide all such Drawings and Record Documents to Owner upon Owner’s request. The costs of any reproductions or prints requested by Owner shall be Reimbursable Expenses under Section 9.2
2.11. Architect shall attend such meetings with Owner and/or Contractor as necessary to perform Architect’s Services. Unless responsibility for such minutes is assigned to Contractor or some other person, Architect shall prepare minutes of such meetings and distribute minutes of such meetings within five (5) business days following the meeting to all attendees, except that Owner’s Representative shall be provided a copy of the minutes whether or not Owner’s Representative attended the meeting.
2.12. Architect shall advise Owner in writing if it appears, at any time, that the Project Schedule or Construction Budget may be exceeded, and shall make recommendations to Owner for corrective action.
2.13. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required by the Contract Documents, Codes or applicable laws, Architect shall specify appropriate performance and design criteria that such services must satisfy. Submittals relating to such portions of the Work shall include the certification and pre-qualification seal, if applicable, of the licensed professional retained for such purpose. Owner and Architect may rely upon professional certification included in a Submittal relating to performance characteristics of materials, systems or equipment that is required by the Contract Documents.
2.14. Architect shall promptly correct, at no additional cost to Owner, any errors, omissions or defects in the Drawings, Specifications or other documents prepared by or on behalf of Architect which fail to meet the required Standard of Care set forth herein. If such an error, omission or defect in the design is discovered after the applicable construction work is in place, Architect shall be responsible to Owner for all additional costs (“Owner’s consultants if it is discovered Costs”) to correct the construction affected by such error, omission or defect. For the purposes hereof, Owner’s Costs which result from Architect’s error(s), omission(s) or defect(s) will equal that said consultant(samount of costs incurred by Owner in excess of that amount of costs which Owner would have incurred had Architect’s work not contained any error(s), omission(s) had not been qualified prior or defect(s). The amount of Owner’s Costs shall mutually be determined by Owner and Architect in the exercise of their reasonable good faith judgment. Upon the final determination by Owner and Architect of Owner’s Costs, Owner shall be reimbursed therefore either (i) by the issuance by Owner and execution by Architect of a deductive Professional Supplemental Service Agreement in an amount equal to the start Owner’s Costs, or (ii) by direct reimbursement to Owner by or on behalf of work.
2.5 The Architect of Owner’s Costs. Architect shall maintain insurance also be responsible to Owner for all damages, including without limitation, all consequential damages, delay costs, relocation costs, costs associated with temporary occupancy, and any additional construction costs paid in order to correct the duration of this Agreement of construction affected by such error, omission or defect. Owner shall afford Architect the types and limits included herein under sub-paragraph 12first opportunity to correct the same before undertaking such correction on its own.
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Sources: Standard Form of Agreement Between Owner and Architect