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Common use of ARCHITECT’S RESPONSIBILITIES Clause in Contracts

ARCHITECT’S RESPONSIBILITIES. 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 and obligations under this Agreement whether or not the Standard of Care is expressly referenced in connection with particular provisions of this Agreement. 2.3. Architect shall perform Architect’s Services as expeditiously as is consistent with the Standard of Care and the orderly progress of the Work. Upon request of Owner, Architect shall submit for Owner’s approval a schedule for the performance of Architect’s Services, which schedule shall include allowances for periods of time required for Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by the schedule approved by Owner constitute a material term of this Agreement and shall not be exceeded by Architect without further discussion with and written approval of Owner. 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 third party beneficiary and expressly provide Owner with the right to 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 and knowledgeable about all laws, regulations, statutes, codes, ordinances and rules applicable to the Project or any existing structures or facilities that 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 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. 2.9. Architect shall cooperate and assist Contractor in making applications and obtaining the required approvals and permits for construction of 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 design of the Project, Architect shall make such revisions at its sole cost and expense. 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 xxxx://xxxxx.xxxxx.xxx/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 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 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 amount 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) 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 Owner’s Costs, or (ii) by direct reimbursement to Owner by or on behalf of Architect of Owner’s Costs. Architect shall 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 construction affected by such error, omission or defect. Owner shall afford Architect the first opportunity to correct the same before undertaking such correction on its own.

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect

ARCHITECT’S RESPONSIBILITIES. 2.1. Architect shall perform 2.1 The Architect’s services consist of those services performed by the services set forth Architect, Architect’s employees and Architect’s consultants as enumerated in Articles 2 and 3 of this Agreement (collectively, the “Services”).along with any other services included under Article 12 and those excluded under Article 12.1 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”). 2.2 The parties agree that the Standard of Care is applicable to all of the Architect’s Services and obligations under this Agreement whether or not the Standard of Care is expressly referenced in connection with particular provisions of this Agreement. 2.3. Architect services shall perform Architect’s Services be performed as expeditiously as is consistent with the Standard of Care 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, services which schedule 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 the this schedule approved by the Owner constitute a material term of this Agreement and shall not not, except for reasonable cause, be exceeded by the Architect without further discussion with and written approval of or Owner. 2.4. Unless otherwise directed by 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 enter into written agreements only cooperate with the work of consultants retained directly by the Owner. The Architect shall assist in the coordination of the work of such engineers, other consultant(s) with the work of the Architect’s consultants, and service providers previously identified by the Architect and approved by 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 its sole and absolute discretion performing their tasks other than to provide information and assistance necessary for the Services required by this Agreement (“Architect’s Consultants”). All agreements with Architect’s Consultants coordination of their tasks, nor shall identify Owner as a third party beneficiary and expressly provide Owner with the right to 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 and knowledgeable about all laws, regulations, statutes, codes, ordinances and rules applicable to the Project or any existing structures or facilities that will be impacted delays caused 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 which comply with (iconsultant(s) 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 failure to meet the requirements of the ADA. 2.9milestones or scheduled submission dates. Architect shall cooperate and assist Contractor in making applications and obtaining the required approvals and permits for construction of 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 design of the Project, Architect shall make such revisions at its sole cost and expense. 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 xxxx://xxxxx.xxxxx.xxx/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 seal, if applicable, pre-qualification of the licensed professional retained for such purpose. Owner and Architect may rely upon professional certification included in a Submittal relating Owner’s consultants if it is discovered that said consultant(s) had not been qualified prior to performance characteristics the start of materials, systems or equipment that is required by the Contract Documentswork. 2.14. 2.5 The Architect shall promptly correct, at no additional cost to Owner, any errors, omissions or defects in maintain insurance for the Drawings, Specifications or other documents prepared by or on behalf duration of Architect which fail to meet this Agreement of 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 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 amount 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) or defect(s). The amount of Owner’s Costs shall mutually be determined by Owner types 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 Owner’s Costs, or (ii) by direct reimbursement to Owner by or on behalf of Architect of Owner’s Costs. Architect shall 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 construction affected by such error, omission or defect. Owner shall afford Architect the first opportunity to correct the same before undertaking such correction on its ownlimits included herein under sub-paragraph 12.

Appears in 2 contracts

Samples: Architect of Record Master Agreement, Architect of Record Master Agreement

ARCHITECT’S RESPONSIBILITIES. 2.1The Architect shall provide architectural services for the Project as described in this Agreement. The Architect shall perform the all services set forth under this agreement in this Agreement (collectivelya skillful, the “Services”). 2.2prudent, and timely manner. The Architect will discharge its responsibilities set forth in this Agreement and shall perform its Services in accordance with generally accepted standards of professional and ethical competence and in any event, all services consistent with the care, skill, professional skill and diligence that a prudent person acting care ordinarily provided by the most qualified members of Architect’s profession practicing in a like capacity and familiar with such matters would use the same or similar locality under such the same or similar 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 and obligations under this Agreement whether or not the Standard of Care is expressly referenced in connection with particular provisions of this Agreement. 2.3. Architect shall perform Architect’s Services its services as expeditiously as is consistent with the Standard of Care such professional skill and care and the orderly progress of the WorkProject in accordance with the Contract Documents. Upon request .. The Architect acknowledges that its services are provided for and on behalf of the Owner, and that the Architect shall submit for has an obligation to endeavor to protect the Owner and Owner’s approval a schedule for interests in the performance of Architect’s Servicessaid services, which schedule shall include allowances for periods of time required for Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by the schedule approved by Owner constitute a material term of this Agreement and shall not be exceeded by Architect without further discussion in accordance with and written approval of Owner. 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 third party beneficiary and expressly provide Owner with the right to 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 and knowledgeable about all laws, regulations, statutes, codes, ordinances and rules applicable to the Project or any existing structures or facilities that 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 which comply with (i) the Standard of Care. The Architect shall assist the Owner in determining consulting services required for the Project. The Architect’s services include the following consulting services, (ii) if any: «The Architect will procure mechanical, electrical and structural engineering services.» During the WU Design Standards in use at Phase, the beginning Architect shall review the Owner’s scope of work, budget and schedule and reach an understanding with the Owner of the construction document phaseProject requirements. Based on the approved Project requirements, the Architect shall develop a design, which shall be set forth in drawings and (iii) all Applicable Laws in force at other documents appropriate for the time Project. Upon the Owner’s approval of issuing the design, the Architect shall prepare 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 indicating requirements of the ADA. 2.9. Architect shall cooperate and assist Contractor in making applications and obtaining the required approvals and permits for construction of the Project from Governmental Authoritiesand shall coordinate its services with any consulting services the Owner provides. To The Architect shall assist the extent revisions to Owner in filing documents required for the Drawingsapproval of governmental authorities, Specifications in obtaining bids or other documents prepared by or on behalf of proposals, and in awarding contracts for construction. During the Construction Phase, the Architect are required to obtain approvals or permits from permitting authorities or applicable utilities respecting shall act as the design Owner’s representative and provide administration of the Project, Architect shall make such revisions at its sole cost Contract between the Owner and expense. 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 xxxx://xxxxx.xxxxx.xxx/vendors/contract-documents/. Architect shall provide all such Drawings and Record Documents to Owner upon Owner’s requestContractor. 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 during construction include interpreting the Contract Documents, Codes or applicable lawsreviewing the Contractor’s submittals, Architect shall specify appropriate performance visiting the site, reviewing and design criteria that such services must satisfycertifying payments, and rejecting nonconforming work. Submittals relating The Architect’s responsibility to such portions provide Construction Phase Services commences with the award of the Work shall include Contract for Construction and terminates on the certification Substantial Completion date as outlined in the contract between the Owner and sealthe Contractor. The Owner acknowledges that if the Construction Phase Services covered by this Agreement cannot be completed within the time frame established in the contract documents and the contract between the Contractor and the Owner (Substantial Completion) because construction is not yet completed, if applicable, extension of the licensed professional retained for such purposeArchitect’s services beyond that time shall be compensated as Additional Services. Owner Time and expense incurred by the Architect may rely upon professional certification included in a Submittal relating to performance characteristics of materials, systems or equipment that is required and his Consultants on the project beyond the Substantial Completion date established by the Contract Documents. 2.14. Architect shall promptly correct, Documents will be billed and become due on a monthly basis at no additional cost to Owner, any errors, omissions or defects the rates established in the Drawings, Specifications or other documents prepared by or on behalf this Agreement until Substantial Completion of Architect which fail to meet the required Standard of Care set forth herein. If such an error, omission or defect in the design construction is discovered after the applicable construction work is in place, Architect shall be responsible to Owner for all additional costs (“Owner’s 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 amount 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) 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) achieved by the issuance by Owner and execution by Architect of a deductive Professional Services Change Order in an amount equal to Owner’s Costs, or (ii) by direct reimbursement to Owner by or on behalf of Architect of Owner’s Costs. Architect shall 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 construction affected by such error, omission or defect. Owner shall afford Architect the first opportunity to correct the same before undertaking such correction on its ownContractor(s).

Appears in 2 contracts

Samples: Standard Short Form of Agreement Between Owner and Architect, Standard Short Form of Agreement Between Owner and Architect

ARCHITECT’S RESPONSIBILITIES. 2.1. § 2.1 The Architect shall perform provide the professional services as 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 and obligations under this Agreement whether or not the Standard of Care is expressly referenced in connection with particular provisions of this Agreement. 2.3. § 2.2 The Architect shall perform Architect’s Services its services consistent with the professional skill and care architects practicing in the same or similar locality under the same or similar circumstance perform its services as expeditiously as is consistent with the Standard of Care such professional skill and the orderly progress of the Work. Upon request of Owner, Architect shall submit for Owner’s approval care a schedule for the performance of Architect’s Services, which schedule shall include allowances for periods of time required for Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by the schedule approved by Owner constitute a material term of this Agreement and shall not be exceeded by Architect without further discussion with and written approval of Owner. 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 third party beneficiary and expressly provide Owner with the right to 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 and knowledgeable about all laws, regulations, statutes, codes, ordinances and rules applicable to the Project or any existing structures or facilities that 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. § 2.3 The Architect shall provide designs, Drawings, Specifications and other documents under this Agreement which comply with (i) the Standard of Care, (ii) the WU Design Standards its services 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 conjunction with the Americans services of a Construct he orderly progress Manager as ct with Disabilities Act (“ADA”)respect to t y activity, Architector accep he t any itect’s professional described in AIA Document C132™–2009, as part Standard Form of its meetings with Agreement Between 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. 2.9and Construction Manager. Architect shall cooperate and assist Contractor in making applications and obtaining the required approvals and permits for construction of 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 design of the Project, Architect shall make such revisions at its sole cost and expense. The Architect shall not be responsible for any governmental fees associated with obtaining such permits and approvals. When requested actions taken by Owner, the Construction Manager. § 2.4 The Architect shall appear and participate at meetings and hearings relating identify a representative authorized 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 xxxx://xxxxx.xxxxx.xxx/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 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 act on behalf of Architect which fail to meet the required Standard of Care set forth herein. If such an errorArchite Project. § 2.5 Except with the Owner’s knowledge and consent, omission or defect in the design is discovered after the applicable construction work is in place, Architect shall be responsible not engage in an employment, interest or contribution that would reasonably appear to Owner compromise the Arch judgment with respect to this Project. § 2.6 The Architect, at its own expense, shall obtain and maintain, for all additional costs (“Owner’s Costs”) to correct the construction affected duration of the Agreement, insurance policies with carriers approved 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 amount 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) or defect(s)at least the amounts shown below. 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 CostsWhere appropriate, Owner shall be reimbursed therefore either (i) by the issuance by Owner and execution by Architect of a deductive Professional Services Change Order in named as an amount equal additional insured. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance program which may otherwise provide coverage to Owner’s Costs, or (ii) by direct reimbursement to Owner by or on behalf of Architect of Owner’s Costs. Architect shall also submit to the Owner prior to commencement of services under this Agreement certificates of insurance evidencing the required insurance which name the Owner as an additional insured and which state that thirty (30) days advance notice will be responsible given by registered mail to Owner of cancellation or modification of the required insurance. Commercial General Liability and if necessary commercial umbrella insurance written on an ISO occurrence form approved by the Owner and shall provide coverage for liability arising from premises, operations, independent contractor, products-completed operation, personal injury and advertising injury and liability assumed under an insured contract. Bodily Injury $1,000,000 each occurrence Property Damage $2,000,000 each occurrence Separate aggregate limit for product/completed operations $2,000,000 Professional Liability Coverage. If written on a claims made basis, Architect shall maintain such coverage for a period of six years after completion of the project so long as such coverage is commercially available at a reasonable, competitive cost. Such coverage shall be written with limits of $1 million dollars, each claim with an aggregate of $2 million dollars. Business Automobile Liability covering all damagesowned, including without limitationnon-owned and hired vehicles. Bodily Injury $1,000,000 each occurrence Property Damage $2,000,000 each occurrence Workmen's Compensation as required by Federal, all consequential damagesState and Local Law Employer's Liability Coverage $500,000 each person $1,000,000 per occurrence limit Deductible amounts under the foregoing policies shall be paid by Architect. l an d customary cle 3 are Additional Con the struction Manager, delay costsProject team and It is expressly understood that the Owner does not, relocation costsin any way, costs associated with temporary occupancy, and any additional construction costs paid in order represent that the types and/or minimum limits of insurance hereinbefore specified are sufficient or adequate to correct the construction affected by such error, omission protect Architect's interests or defect. Owner shall afford Architect the first opportunity to correct the same before undertaking such correction on its ownliability.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect

ARCHITECT’S RESPONSIBILITIES. 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 and obligations under this Agreement whether or not the Standard of Care is expressly referenced in connection with particular provisions of this Agreement. 2.3. Architect shall perform Architect’s Services as expeditiously as is consistent with the Standard of Care and the orderly progress of the Work. Upon request of Owner, Architect shall submit for Owner’s approval a schedule for the performance of Architect’s Services, which schedule shall include allowances for periods of time required for Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by the schedule approved by Owner constitute a material term of this Agreement and shall not be exceeded by Architect without further discussion with and written approval of Owner. 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 third party beneficiary and expressly provide Owner with the right to 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 and knowledgeable about all laws, regulations, statutes, codes, ordinances and rules applicable to the Project or any existing structures or facilities that 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 Xxxxxxxx) and online at ___________________________________. 2.8. Architect shall provide designs, Drawings, Specifications and other documents under this Agreement 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. 2.9. Architect shall cooperate and assist Contractor in making applications and obtaining the required approvals and permits for construction of 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 design of the Project, Architect shall make such revisions at its sole cost and expense. 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 xxxx://xxxxx.xxxxx.xxx/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 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 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 amount 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 (serror(s), omission(s) 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 Supplemental Service Agreement in an amount equal to Owner’s Costs, or (ii) by direct reimbursement to Owner by or on behalf of Architect of Owner’s Costs. Architect shall 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 construction affected by such error, omission or defect. Owner shall afford Architect the first opportunity to correct the same before undertaking such correction on its own.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect