Common use of ARCHITECT’S RESPONSIBILITIES Clause in Contracts

ARCHITECT’S RESPONSIBILITIES. 4.1 Architect shall provide available information in a timely manner regarding requirements for and limitations on Consultant’s Services, including a copy of Owner’s program for the project if available. Within seven (7) days after receipt of a written request, Architect shall request information from Owner as necessary and relevant for Consultant to evaluate, give notice of, or enforce lien rights. Within seven (7) days of receipt of such information from Owner, Architect shall furnish the information to Consultant. 4.2 Architect shall identify a representative authorized to act on Architect’s behalf with respect to Consultant’s Services in each “Exhibit B: Statement of Work.” Architect or such identified representative shall render decisions in a timely manner pertaining to documents submitted by Consultant to avoid unreasonable delay in the orderly and sequential progress of Consultant’s Services. 4.3 Upon Consultant’s request, Architect shall furnish to Consultant in a timely manner drawings and specifications, designs, and other documents and information available to Architect and/or specified or furnished by Architect or others for design and coordination of Consultant’s Services. Architect shall provide to Consultant any and all requests for interpretations or clarifications of documents prepared by Consultant. If Consultant reasonably requests information from investigations, surveys, tests, analyses and reports, or Consultant’s Services of other consultants not within the scope of Consultant’s Services, Architect shall request that Owner furnish the information or services. Upon receipt, Architect shall provide such information to Consultant. Consultant shall be entitled to rely on the accuracy and completeness of Architect’s services and information furnished by Architect. 4.4 Architect shall furnish to Consultant a copy of any estimates of the Cost of the Work if provided by Owner, bidding documents, bid tabulations, negotiated proposals and Contract Documents, including, to the extent they pertain to Consultant’s Services, Change Orders and Construction Change Directives for Consultant’s use in the design and coordination of Consultant’s Services. 4.5 Architect shall be entitled to rely on the accuracy and completeness of Consultant’s Services and information furnished by Consultant. Architect shall provide prompt written notice to Consultant if Architect becomes aware of any errors, omissions or inconsistencies in Consultant’s Services or information.

ARCHITECT’S RESPONSIBILITIES. 4.1 § 5.1 The Architect shall provide available information in a timely manner regarding requirements for and limitations on Consultant’s Services, including a copy This Portion of Owner’s program for the project if availableProject. Within seven (7) days after receipt of a written request, the Architect shall request information from Owner the Design-Builder as necessary and relevant for the Consultant to evaluate, give notice of, or enforce lien rights. Within seven (7) days of receipt of such information from Ownerthe Design-Builder, the Architect shall furnish the information to the Consultant. 4.2 § 5.2 The Architect shall identify a representative authorized to act on the Architect’s behalf with respect to Consultant’s Services in each “Exhibit B: Statement This Portion of Work.” the Project. The Architect or such identified representative shall render decisions in a timely manner pertaining to documents submitted by the Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant’s Servicesservices. 4.3 § 5.3 Upon the Consultant’s request, the Architect shall furnish to Consultant the Consultant, in a timely manner drawings and specificationsmanner, designs(1) detailed layouts showing the location of connections, and (2) tabulations giving sizes, loads and other documents and information available to Architect and/or on equipment designed, specified or furnished by Architect or others for design and coordination of Consultant’s Services. others. § 5.4 The Architect shall provide to confer with the Consultant any and all requests for before issuing interpretations or clarifications of documents prepared by Consultant. If the Consultant reasonably requests information from investigationsand shall request the recommendation of the Consultant before providing interpretations or clarifications of shop drawings, surveysproduct data, tests, analyses and reportssamples or other submissions of the Contractor, or Consultant’s Services upon Change Orders and Construction Change Directives affecting This Portion of other consultants not within the scope of Consultant’s Services, Architect shall request that Owner furnish the information or services. Upon receipt, Architect shall provide such information to Consultant. Consultant shall be entitled to rely on the accuracy and completeness of Architect’s services and information furnished by ArchitectProject. 4.4 § 5.5 The Architect shall furnish to the Consultant a copy of any the preliminary estimate or updated estimates of the Cost of the Work if provided by Owneras submitted to the Design-Builder, bidding documents, bid tabulations, negotiated proposals and Contract Documents, including, to the extent they pertain to Consultant’s ServicesThis Portion of the Project, Change Orders and Construction Change Directives for the Consultant’s use in the design and coordination of This Portion of the Project. § 5.6 The Architect shall advise the Consultant of the identity of the Architect’s other consultants participating in the Architect’s Portion of the Project and the scope of their services. § 5.7 If the Consultant reasonably requests information from investigations, surveys, tests, analyses and reports, or the services of other consultants not within the scope of the Consultant’s Servicesservices, the Architect shall request that the Design-Builder furnish the information or services. 4.5 § 5.8 The Architect shall be entitled to rely on the accuracy and completeness of Consultant’s Services services and information furnished by the Consultant. The Architect shall provide prompt written notice to the Consultant if the Architect becomes aware of any errors, omissions or inconsistencies in Consultant’s Services such services or information.

ARCHITECT’S RESPONSIBILITIES. 4.1 Architect shall provide available information in a timely manner regarding requirements for and limitations on Consultant’s Services, including a copy of Owner’s program for the project if available. Within seven (7) days after receipt of a written request, Architect shall request information from Owner as necessary and relevant for Consultant to evaluate, give notice of, or enforce lien rights. Within seven (7) days of receipt of such information from Owner, Architect shall furnish the information to Consultant. 4.2 Architect shall identify a representative authorized to act on Architect’s behalf with respect to Consultant’s Services in each “Exhibit B: Statement of Work.” Architect or such identified representative shall render decisions in a timely manner pertaining to documents submitted by Consultant to avoid unreasonable delay in the orderly and sequential progress of Consultant’s Services. 4.3 Upon Consultant’s request, Architect shall furnish to Consultant in a timely manner drawings and specifications, designs, and other documents and information available to Architect and/or specified or furnished by Architect or others for design and coordination of Consultant’s Services. Architect shall provide to Consultant any and all requests for interpretations or clarifications of documents prepared by Consultant. If Consultant reasonably requests information from investigations, surveys, tests, analyses and reports, or Consultant’s Services of other consultants not within the scope of Consultant’s Services, Architect shall request that Owner furnish the information or services. Upon receipt, Architect shall provide such information to Consultant. Consultant shall be entitled to rely on the accuracy and completeness of Architect’s services and information furnished by Architect. 4.4 Architect shall furnish to Consultant a copy of any the preliminary estimate or updated estimates of the Cost of the Work if provided by as submitted to Owner, bidding documents, bid tabulations, negotiated proposals and Contract Documents, including, to the extent they pertain to Consultant’s Services, Change Orders and Construction Change Directives for Consultant’s use in the design and coordination of Consultant’s Services. 4.5 Architect shall be entitled to rely on the accuracy and completeness of Consultant’s Services and information furnished by Consultant. Architect shall provide prompt written notice to Consultant if Architect becomes aware of any errors, omissions or inconsistencies in Consultant’s Services or information.

ARCHITECT’S RESPONSIBILITIES. 4.1 Architect ARCHITECT shall provide available information serve as OWNER's professional representative in the design phase of the Project, and with respect to all services provided by ARCHITECT hereunder, and will give consultation and advice to OWNER during the performance of such services. 4.2 ARCHITECT shall perform professional services as stated in "Attachment A" of this Agreement, including normal structural and architectural services incidental thereto. 4.3 ARCHITECT shall perform all services under this Agreement in a timely skillful and competent manner regarding requirements for in accordance with normally accepted standards of the architectural and limitations on Consultant’s Servicesengineering professions and with that degree of care and skill which a professional ARCHITECT would exercise under the same or similar circumstance. Without modifying the above standard, including a copy of Owner’s program ARCHITECT shall be responsible for the project if availableprofessional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by ARCHITECT under this Agreement. 4.4 ARCHITECT shall perform all professional services necessary to accomplish the work required to be performed under this Agreement, in accordance with this Agreement and applicable local, state and federal requirements. 4.5 ARCHITECT shall, without additional compensation, correct or revise any errors or omissions in its designs, drawings, specifications, reports, or any other services. 4.6 Acceptance by OWNER or approval by any governmental regulatory or funding agency of drawings, designs, specifications, reports, and incidental engineering work, services or materials furnished hereunder shall not in any way relieve ARCHITECT of its liability to OWNER or others for negligent acts, errors, omissions, or other deficiencies in the performance of services. Within seven (7) days after receipt of a written request, Architect shall request information from Owner as necessary and relevant for Consultant to evaluate, give notice OWNER's monitoring or acceptance of, or enforce lien rights. Within seven (7) days payment for, any of receipt ARCHITECT's services shall not be construed to operate as a waiver of such information from Owner, Architect shall furnish any rights under this Agreement or of any cause of action arising out of the information to Consultantperformance of this Agreement by ARCHITECT. 4.2 Architect 4.7 ARCHITECT shall identify make all reasonable efforts to provide competent, capable, experienced and suitably qualified personnel for the performance of all services. Any employee or representative of ARCHITECT who, in the opinion of OWNER, does not perform its work in a representative authorized proper and skillful manner, or is disrespectful, or otherwise objectionable, shall, at the written request of OWNER, be removed from performing any further services on behalf of OWNER. 4.8 ARCHITECT shall provide to OWNER the key staff and subcontractors listed in “Attachment B” and shall make each person and subcontractor available to the Project for the duration of the Project. In the event any of the staff and subcontractors listed in “Attachment B” is not available to the Project, ARCHITECT shall provide replacement personnel to the satisfaction of OWNER. OWNER may not unreasonably withhold its consent. A failure by ARCHITECT to provide professional staff and subcontractors as required by this Article shall be considered a material breach of the Agreement. 4.9 ARCHITECT shall be fully responsible for all negligent acts, errors or omissions of consultants and subcontractors and of persons and organizations directly or indirectly employed by ARCHITECT, and of persons and organizations for whose acts any consultant may be liable to the same extent that ARCHITECT is responsible for the negligent acts, errors or omissions of persons directly employed by ARCHITECT. Nothing in this Agreement, nor any communication, directive, action or failure to act on Architect’s behalf the part of OWNER, shall create any contractual relationship between OWNER and any consultant or subcontractor having a contract with respect ARCHITECT, nor shall it create any obligation on the part of OWNER to Consultant’s Services in each “Exhibit B: Statement pay or to see to payment of Work.” Architect any monies due any consultant or such identified representative shall render decisions in a timely manner pertaining subcontractor to documents submitted by Consultant to avoid unreasonable delay in the orderly and sequential progress of Consultant’s ServicesARCHITECT. 4.3 Upon Consultant’s request, Architect 4.10 ARCHITECT agrees to bind specifically every subcontractor and consultant to the applicable terms and conditions of this Agreement for the benefit of OWNER. ARCHITECT shall obtain written acceptance from OWNER for all proposed subcontractors and subcontract agreements for any portion of the Scope of Work described in "Attachment A" and shall furnish copies of all executed sub-agreements. 4.11 ARCHITECT shall include all subcontractors on “Attachment B”. ARCHITECT may not remove or otherwise substitute subcontractors indicated on “Attachment B” without consent of OWNER. A failure by ARCHITECT to Consultant provide the subcontractors as required by this Article shall be considered a material breach of the Agreement. 4.12 To the extent the standard in a timely manner drawings Paragraph 4.3 is met, ARCHITECT's responsibility under this Agreement shall not be diminished by new or advanced processes, methods, designs or technology recommended or utilized by ARCHITECT for the Project. 4.13 ARCHITECT's submittals are subject to prompt monitoring and acceptance by OWNER for general compliance with the services described in "Attachment A". In the event that any submittal is not accepted by OWNER, OWNER shall notify ARCHITECT in writing of its reasons for non-acceptance and may make suggested revisions. Upon receipt of said notification, the non-acceptance submittal shall be revised appropriately by ARCHITECT until accepted by OWNER. If ARCHITECT does not agree with OWNER's suggested revisions, ARCHITECT shall submit its reasons therefor to OWNER in writing. 4.14 In the event that the performance of any services described in this Article or in "Attachment A" under this Agreement by ARCHITECT shall require ARCHITECT to use, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to OWNER or ARCHITECT by another architect, engineer or consultant, ARCHITECT shall take reasonable and prudent steps to verify the technical accuracy of such items and shall report in writing to OWNER any conflict, error or discrepancy which may be discovered by such investigation and verification. ARCHITECT shall assume all risks and bear all costs associated with any conflict, error, inaccuracy or discrepancy in such items which are not discovered by ARCHITECT due to its failure to conduct such reasonable and prudent inquiry and study, or which are discovered by ARCHITECT but not reported in writing to OWNER provided, however, that ARCHITECT shall not be barred from actions against third parties. At the written request of ARCHITECT, OWNER may assign to ARCHITECT all or any portion of the rights which OWNER may possess to pursue remedies against the ARCHITECT or consultant which provided the OWNER with said designs, and other documents and information available to Architect and/or specified or furnished by Architect or others for design and coordination of Consultant’s Services. Architect shall provide to Consultant any and all requests for interpretations or clarifications of documents prepared by Consultant. If Consultant reasonably requests information from investigationsspecifications, surveyscontract documents, tests, analyses and reports, studies, or Consultant’s Services of other consultants not within the scope of Consultant’s Services, Architect shall request that Owner furnish the information or services. Upon receipt, Architect Such a request shall provide such information to Consultant. Consultant shall not be entitled to rely on the accuracy and completeness of Architect’s services and information furnished by Architectunreasonably denied. 4.4 Architect 4.15 ARCHITECT shall furnish to Consultant a copy fulfill the requirements of any estimates of the Cost of the Work if provided by Owner, bidding documents, bid tabulations, negotiated proposals and Contract Documents, including, governing regulatory agencies as may be applicable to the extent they pertain work and services to Consultant’s Services, Change Orders and Construction Change Directives for Consultant’s use be performed by ARCHITECT described in the design and coordination of Consultant’s Servicesthis Article or in "Attachment A". 4.5 Architect 4.16 The liability of ARCHITECT under this Article shall be entitled to rely on survive the accuracy and completeness expiration of Consultant’s Services and information furnished by Consultant. Architect shall provide prompt written notice to Consultant if Architect becomes aware of any errors, omissions or inconsistencies in Consultant’s Services or informationthis Agreement.