DP’s Professional Responsibilities. 2.2.1 To the maximum extent allowed by law, the DP shall be responsible for and shall indemnify, hold harmless and, if elected by Owner, defend the Owner, the Arizona Board of Regents, and the State of Arizona from any and all claims, demands, losses, damages, liabilities, costs and expenses to the extent alleged to arise or result from any negligence, recklessness, or intentional wrongful conduct or errors or omissions by DP or DP’s Subconsultants in the performance of the DP’s Basic Services or Additional Services (“Errors and Omissions Amounts”). DP represents that it and the professional staff and Subconsultants it will assign to the project (registrants with the Arizona Board of Technical Registration and others), are fully qualified by education, technical training, and experience as professionals to perform the design services and contract administration called for by this Agreement. 2.2.2 DP agrees that in performing the design professional services to be performed under this Agreement, whether in the Design Phase or Construction Phase, or any subphase, it will apply the technical skills, knowledge and judgment that would be applied by other design and contract administration professionals in performing similar services as defined in Section 2.1.2.19 of this Agreement and cause all Subconsultants it employs to meet this same criteria and same Standard of Care. 2.2.3 Notwithstanding the contractual and indemnity remedies provided to Owner under the Agreement and applicable law to recover for any economic loss caused by DP’s actions, inactions, errors or omissions, DP acknowledges that a violation of the Standard of Care or a failure to apply the necessary technical skill, knowledge and judgment when performing its services causing injury or damage to Owner is actionable and DP agrees that Owner may pursue as a remedy, in addition to any contractual or indemnity remedy, a tort claim for professional negligence against DP. 2.2.4 Although the Owner has the right to make claims in tort for professional negligence against DP as the lead registrant of the design team for the negligence, recklessness, or intentional wrongful conduct or errors or omissions of DP or any of its Subconsultants, DP agrees it shall also be responsible for and shall indemnify and hold Owner, ABOR, and the State of Arizona harmless from any and all losses, expenses, damages, costs and injuries arising from or resulting from any negligence, recklessness, or intentional wrongful conduct or errors or omissions in the design and/or documents prepared by DP or DP’s Subconsultants for Owner by the DP or DP’s Subconsultants or in the construction administration during the Construction Phase. 2.2.5 Notwithstanding Articles 2.2.1 through 2.2.4, Owner agrees not to hold DP responsible or liable for an amount equal to two percent (2%) of the Actual Costs of Construction Work in effect at the time of Final Completion for any costs associated with professional errors or omissions of DP. It is understood and agreed that this 2% share shall apply to the aggregate amount of costs for professional errors or omissions and not to each error or omission individually. This 2% share shall not apply to claims for property damage, personal injury, or death, whether incurred by Owner, or third parties. 2.2.6 At all times during this Agreement, DP shall comply with, and shall ensure its Work, including but not limited to Basic Services and Additional Services comply with, all applicable laws, statutes, ordinances, regulations, rules or codes. 2.2.7 Owner acceptance of the Design Documents provided to it by the DP and the DP’s estimates of Probable Construction Cost shall not relieve the DP from any responsibility for errors or omissions in those regards, nor from any other obligation of the DP under this Agreement or applicable laws, statutes, ordinances, building codes, rules and regulations, or operation of law. 2.2.8 The DP hereby agrees, subject to the Standard of Care, that it shall have the same legal responsibility to the Owner as the Owner has, or may have, to others arising out of, or resulting from, any acts or omissions of the DP. 2.2.9 All Drawings and Specifications shall bear the signature and seal of the DP or the DP’s Subconsultants, or both as appropriate. The DP as lead professional shall be fully responsible for all design and administration provided under this Agreement. 2.2.10 The DP shall prepare and provide all documents in form necessary for Owner to obtain any and all approvals required for approval of design and completed construction by all governmental authorities having jurisdiction over the Project and/or designated by the Owner. The Owner will sign applications and pay applicable fees for such governmental approvals. 2.2.11 Reserved.
Appears in 8 contracts
Samples: Standard Form Agreement Between Owner and Design Professional, Standard Form Agreement Between Owner and Design Professional, Standard Form Agreement Between Owner and Design Professional
DP’s Professional Responsibilities. 2.2.1 To the maximum extent allowed by law, the DP shall be responsible for and shall indemnify, hold harmless and, if elected by Owner, defend the Owner, the Arizona Board of Regents, and the State of Arizona from any and all claims, demands, losses, damages, liabilities, costs and expenses to the extent alleged to arise or result from any negligence, recklessness, or intentional wrongful conduct or errors or omissions by DP or DP’s Subconsultants in the performance of the DP’s Basic Services or Additional Services (“Errors and Omissions Amounts”). 2.4.1 DP represents that it and the professional staff and Subconsultants it will assign to the project (registrants with the Arizona Board of Technical Registration and others), are fully qualified by education, technical training, and experience as professionals to perform the design services Professional Services and contract administration called for by this DP Agreement.
2.2.2 2.4.2 DP agrees that in performing the design professional services to be performed under this Agreement, whether in the Design Phase or Construction Phase, or any subphase, Professional Services it will apply exercise the technical skills, knowledge Standard of Care and judgment that would be applied by other design and contract administration professionals in performing similar services as defined in Section 2.1.2.19 of this Agreement and cause its Subconsultants to exercise the same. DP will also cause all Subconsultants it employs to meet this same criteria and same Standard of Care.
2.2.3 2.4.3 Notwithstanding the contractual and indemnity remedies provided to Owner under the DP Agreement and notwithstanding any applicable law to barring recover for any economic loss caused by DP’s actions, inactions, errors or omissions, DP acknowledges that a violation of the Standard of Care or a failure to apply the necessary technical skill, knowledge and judgment when performing its services causing injury or damage to Owner is actionable and DP agrees that Owner may pursue as a remedy, in addition to any contractual or indemnity remedy, a tort claim for professional negligence against DP.
2.2.4 2.4.4 Although the Owner has the right to make claims in tort for professional negligence against DP DP, as the lead registrant of the design team for the negligence, recklessness, or intentional wrongful conduct or errors or omissions of DP or any of its Subconsultants, DP agrees it shall also be responsible for and shall indemnify and hold Owner, ABOR, and the State of Arizona harmless from any and all losses, expenses, damages, costs and injuries arising from or resulting from any negligence, recklessness, or intentional wrongful conduct or errors or omissions in the design and/or documents Design Documents prepared by DP or DP’s Subconsultants for Owner by the DP or DP’s Subconsultants or in the construction administration during the Construction Phase.
2.2.5 2.4.5 Notwithstanding Articles 2.2.1 2.4.1 through 2.2.42.4.4, Owner agrees not to may hold DP responsible or liable for an amount equal any costs associated with DP’s failure to meet the Standard of Care, only to the extent such costs exceed two percent (2%) of the Actual Costs of Construction Work GMP in effect at the time of Final Completion for any costs associated with professional errors or omissions of DPCompletion. It is understood and agreed that this 2% share shall apply to the aggregate amount of costs for professional errors or omissions the failure to meet the Standard of Care and not to each error or omission failure individually. This 2% share shall not apply to claims for property damage, personal injury, or death, whether incurred by Owner, or third parties, including without limitation the indemnity obligations in Article 9.14.
2.2.6 2.4.6 At all times during this DP Agreement, DP shall comply with, and shall ensure its Work, including but not limited to Basic Services and Additional Professional Services comply with, all applicable laws, statutes, ordinances, regulations, rules or codes.
2.2.7 2.4.7 Owner acceptance of the Design Documents provided to it by the DP and the DP’s estimates of Probable Construction Cost shall not relieve the DP from any responsibility for errors or omissions in those regards, nor from any other obligation of the DP under this DP Agreement or applicable laws, statutes, ordinances, building codes, rules and regulations, or operation of law.
2.2.8 2.4.8 The DP hereby agrees, subject to the Standard of Care, that it shall have the same legal responsibility to the Owner as the Owner has, or may have, to others arising out of, or resulting from, any acts errors or omissions of the DP.
2.2.9 2.4.9 All Drawings and Specifications shall bear the signature and seal of the DP or the DP’s Subconsultants, or both as appropriate. The DP as lead professional shall be fully responsible for all design and administration provided under this DP Agreement.
2.2.10 2.4.10 The DP shall prepare and provide all documents in a form necessary for Owner to obtain any and all approvals required for approval of design and completed construction by all governmental authorities having jurisdiction over the Project and/or designated by the Owner. The Owner will sign applications and pay applicable fees for such governmental approvals.
2.2.11 Reserved2.4.11 The DP shall advise and consult with the Owner, if requested by the Owner, on selection of the CM@Risk. Further, the DP shall actively participate in discussions between the Owner and the CM@Risk regarding negotiations about the GMP and its acceptance by Owner. The DP shall review all GMP deliverables and advise Owner of any deficiencies in any GMP documents or proposals submitted by CM@Risk to Owner.
2.4.12 The DP shall advise the Owner on the acceptability of Subcontractors and material suppliers proposed by the CM@Risk. Among other things, DP shall assist the CM@Risk in the pre-qualification of Subcontractors and in the preparation of drawings, specifications and information for the purpose of preparing the Subcontractor bid packages. The DP shall not be responsible for the performance of the CM@Risk, the Construction Contract(s), or for any defects, deficiencies or effects resulting solely from any contractor, subcontractor, manufacturer, supplier, and fabricator retained by the Owner, CM@Risk, or any other third party. Nothing in this DP Agreement shall be construed as giving the DP the responsibility for or the authority to control, direct or supervise construction means or methods.
2.4.13 The DP shall prepare complete and useable plans and specifications for the CM@Risk’s use for each portion of the Work to be bid separately and, if the Work is done in phases, complete sets plans and specifications for each phase.
2.4.14 If and to the extent Owner has given its prior approval, DP shall provide written interpretations and clarifications of the Construction Documents requested by the CM@Risk or any potential bidder.
2.4.15 Provide such other reasonable assistance to the CM@Risk as the CM@Risk and Owner request.
2.4.16 All of the above notwithstanding, award of the CM@Risk Contract and approval of the GMP will be made solely by the Owner. Award of the CM@Risk subcontracts will be made solely by the CM@Risk.
2.4.17 If at any time the CM@Risk’s estimate of Construction Costs or proposed GMP or the DP’s estimate of Probable Construction Costs (after attempted reconciliation between the
2.4.17.1 Revise all or any part of the Project drawings, specifications or both as the Owner may deem advisable for the purpose of reducing the Cost of the Work to be within the allocated line items within the Project Budget.
2.4.17.2 Perform any or all of the services described above as may be necessary to obtain a CM@Risk estimate of Construction Costs and GMP not exceeding the amount within Owner’s current Project Budget available for costs of the Work.
2.4.18 If at any time the Owner terminates the CM@Risk Contract for convenience or for other reason, the Owner will have the right to continue the Project with whatever project delivery method it selects and the DP will continue to perform the Professional Services under this DP Agreement with the Owner and any substitute contractor for the construction. Owner will make appropriate changes to the DP Agreement if required.
Appears in 1 contract
Samples: Standard Form Agreement Between Owner and Design Professional
DP’s Professional Responsibilities. 2.2.1 To the maximum extent allowed by law, the DP shall be responsible for and shall indemnify, hold harmless and, if elected by Owner, defend the Owner, the Arizona Board of Regents, and the State of Arizona from any and all claims, demands, losses, damages, liabilities, costs and expenses to the extent alleged to arise or result from any negligence, recklessness, or intentional wrongful conduct or errors or omissions by DP or DP’s Subconsultants in the performance of the DP’s Basic Services or Additional Services (“Errors and Omissions Amounts”). 2.4.1 DP represents that it and the professional staff and Subconsultants it will assign to the project (registrants with the Arizona Board of Technical Registration and others), are fully qualified by education, technical training, and experience as professionals to perform the design services Professional Services and contract administration called for by this DP Agreement.
2.2.2 2.4.2 DP agrees that in performing the design professional services to be performed under this Agreement, whether in the Design Phase or Construction Phase, or any subphase, Professional Services it will apply exercise the technical skills, knowledge Standard of Care and judgment that would be applied by other design and contract administration professionals in performing similar services as defined in Section 2.1.2.19 of this Agreement and cause its Subconsultants to exercise the same. DP will also cause all Subconsultants it employs to meet this same criteria and same Standard of Care.
2.2.3 2.4.3 Notwithstanding the contractual and indemnity remedies provided to Owner under the DP Agreement and notwithstanding any applicable law to barring recover for any economic loss caused by DP’s actions, inactions, errors or omissions, DP acknowledges that a violation of the Standard of Care or a failure to apply the necessary technical skill, knowledge and judgment when performing its services causing injury or damage to Owner is actionable and DP agrees that Owner may pursue as a remedy, in addition to any contractual or indemnity remedy, a tort claim for professional negligence against DP.
2.2.4 2.4.4 Although the Owner has the right to make claims in tort for professional negligence against DP DP, as the lead registrant of the design team for the negligence, recklessness, or intentional wrongful conduct or errors or omissions of DP or any of its Subconsultants, DP agrees it shall also be responsible for and shall indemnify and hold Owner, ABOR, and the State of Arizona harmless from any and all losses, expenses, damages, costs and injuries arising from or resulting from any negligence, recklessness, or intentional wrongful conduct or errors or omissions in the design and/or documents Design Documents prepared by DP or DP’s Subconsultants for Owner by the DP or DP’s Subconsultants or in the construction administration during the Construction Phase.
2.2.5 2.4.5 Notwithstanding Articles 2.2.1 2.4.1 through 2.2.42.4.4, Owner agrees not to may hold DP responsible or liable for an amount equal any costs associated with DP’s failure to meet the Standard of Care, only to the extent such costs exceed two percent (2%) of the Actual Costs of Construction Work GMP in effect at the time of Final Completion for any costs associated with professional errors or omissions of DPCompletion. It is understood and agreed that this 2% share shall apply to the aggregate amount of costs for professional errors or omissions the failure to meet the Standard of Care and not to each error or omission failure individually. This 2% share shall not apply to claims for property damage, personal injury, or death, whether incurred by Owner, or third parties, including without limitation the indemnity obligations in Article 9.14.
2.2.6 2.4.6 At all times during this DP Agreement, DP shall comply with, and shall ensure its Work, including but not limited to Basic Services and Additional Professional Services comply with, all applicable laws, statutes, ordinances, regulations, rules or codes.
2.2.7 2.4.7 Owner acceptance of the Design Documents provided to it by the DP and the DP’s estimates of Probable Construction Cost shall not relieve the DP from any responsibility for errors or omissions in those regards, nor from any other obligation of the DP under this DP Agreement or applicable laws, statutes, ordinances, building codes, rules and regulations, or operation of law.
2.2.8 2.4.8 The DP hereby agrees, subject to the Standard of Care, that it shall have the same legal responsibility to the Owner as the Owner has, or may have, to others arising out of, or resulting from, any acts errors or omissions of the DP.
2.2.9 2.4.9 All Drawings and Specifications shall bear the signature and seal of the DP or the DP’s Subconsultants, or both as appropriate. The DP as lead professional shall be fully responsible for all design and administration provided under this DP Agreement.
2.2.10 2.4.10 The DP shall prepare and provide all documents in a form necessary for Owner to obtain any and all approvals required for approval of design and completed construction by all governmental authorities having jurisdiction over the Project and/or designated by the Owner. The Owner will sign applications and pay applicable fees for such governmental approvals.
2.2.11 Reserved2.4.11 The DP shall advise and consult with the Owner, if requested by the Owner, on selection of the CM@Risk. Further, the DP shall actively participate in discussions between the Owner and the CM@Risk regarding negotiations about the GMP and its acceptance by Owner. The DP shall review all GMP deliverables and advise Owner of any deficiencies in any GMP documents or proposals submitted by CM@Risk to Owner.
2.4.12 The DP shall advise the Owner on the acceptability of Subcontractors and material suppliers proposed by the CM@Risk. Among other things, DP shall assist the CM@Risk in the pre-qualification of Subcontractors and in the preparation of drawings, specifications and information for the purpose of preparing the Subcontractor bid packages. The DP shall not be responsible for the performance of the CM@Risk, the Construction Contract(s), or for any defects, deficiencies or effects resulting solely from any contractor, subcontractor, manufacturer, supplier, and fabricator retained by the Owner, CM@Risk, or any other third party. Nothing in this DP Agreement shall be construed as giving the DP the responsibility for or the authority to control, direct or supervise construction means or methods.
2.4.13 The DP shall prepare complete and useable plans and specifications for the CM@Risk’s use for each portion of the Work to be bid separately and, if the Work is done in phases, complete sets plans and specifications for each phase.
2.4.14 If and to the extent Owner has given its prior approval, DP shall provide written interpretations and clarifications of the Construction Documents requested by the CM@Risk or any potential bidder.
2.4.15 Provide such other reasonable assistance to the CM@Risk as the CM@Risk and Owner request.
2.4.16 All of the above notwithstanding, award of the CM@Risk Contract and approval of the GMP will be made solely by the Owner. Award of the CM@Risk subcontracts will be made solely by the CM@Risk.
2.4.17 If at any time the CM@Risk’s estimate of Construction Costs or proposed GMP or the DP’s estimate of Probable Construction Costs (after attempted reconciliation between the CM@Risk’s Estimate of Construction Costs and the DP’s Estimate of Probable Construction Cost, and with the amount within the Owner’s Project Budget available for the Cost of the Work) exceeds the amount within Owner’s then current Project Budget available for the Cost of the Work, the DP shall promptly and at no cost to the Owner:
2.4.17.1 Revise all or any part of the Project drawings, specifications or both as the Owner may deem advisable for the purpose of reducing the Cost of the Work to be within the allocated line items within the Project Budget.
2.4.17.2 Perform any or all of the services described above as may be necessary to obtain a CM@Risk estimate of Construction Costs and GMP not exceeding the amount within Owner’s current Project Budget available for costs of the Work.
2.4.18 If at any time the Owner terminates the CM@Risk Contract for convenience or for other reason, the Owner will have the right to continue the Project with whatever project delivery method it selects and the DP will continue to perform the Professional Services under this DP Agreement with the Owner and any substitute contractor for the construction. Owner will make appropriate changes to the DP Agreement if required.
Appears in 1 contract
Samples: Standard Form Agreement
DP’s Professional Responsibilities. 2.2.1 2.4.1 To the maximum extent allowed by law, the DP shall be responsible for and shall indemnify, hold harmless and, if elected by Owner, defend the Owner, the Arizona Board of Regents, and the State of Arizona from any and all claims, demands, losses, damages, liabilities, costs and expenses to the extent alleged to arise or result from any negligence, recklessness, or intentional wrongful conduct or errors or omissions by DP or DP’s Subconsultants in the performance of the DP’s Basic Services or Additional Services (“Errors and Omissions Amounts”). DP represents that it and the professional staff and Subconsultants it will assign to the project (registrants with the Arizona Board of Technical Registration and others), are fully qualified by education, technical training, and experience as professionals to perform the design services and contract administration called for by this Agreement.
2.2.2 2.4.2 DP agrees that in performing the design professional services to be performed under this Agreement, whether in the Design Phase or Construction Phase, or any subphase, it will apply the technical skills, knowledge and judgment that would be applied by other design and contract administration professionals in performing similar services as defined in Section 2.1.2.19 of this Agreement and cause all Subconsultants it employs to meet this same criteria and same Standard of Care.design
2.2.3 2.4.3 Notwithstanding the contractual and indemnity remedies provided to Owner under the Agreement and applicable law to recover for any economic loss caused by DP’s actions, inactions, errors or omissions, DP acknowledges that a violation of the Standard of Care or a failure to apply the necessary technical skill, knowledge and judgment when performing its services causing injury or damage to Owner is actionable and DP agrees that Owner may pursue as a remedy, in addition to any contractual or indemnity remedy, a tort claim for professional negligence against DP.
2.2.4 2.4.4 Although the Owner has the right to make claims in tort for professional negligence against DP as the lead registrant of the design team for the negligence, recklessness, or intentional wrongful conduct or errors or omissions of DP or any of its Subconsultants, DP agrees it shall also be responsible for and shall indemnify and hold Owner, ABOR, and the State of Arizona harmless from any and all losses, expenses, damages, costs and injuries arising from or resulting from any negligence, recklessness, or intentional wrongful conduct or errors or omissions in the design and/or documents prepared by DP or DP’s Subconsultants for Owner by the DP or DP’s Subconsultants or in the construction administration during the Construction Phase.
2.2.5 2.4.5 Notwithstanding Articles 2.2.1 2.4.1 through 2.2.42.4.4, Owner agrees not to hold DP responsible or liable for an amount equal to two percent (2%) of the Actual Costs of Construction Work GMP in effect at the time of Final Completion for any costs associated with professional errors or omissions of DP. It is understood and agreed that this 2% share shall apply to the aggregate amount of costs for professional errors or omissions and not to each error or omission individually. This 2% share shall not apply to claims for property damage, personal injury, or death, whether incurred by Owner, or third parties.
2.2.6 2.4.6 At all times during this Agreement, DP shall comply with, and shall ensure its Workwork, including but not limited to Basic Services and Additional Services comply with, all applicable laws, statutes, ordinances, regulations, rules or codes.
2.2.7 2.4.7 Owner acceptance of the Design Documents provided to it by the DP and the DP’s estimates of Probable Construction Cost shall not relieve the DP from any responsibility for errors or omissions in those regards, nor from any other obligation of the DP under this Agreement or applicable laws, statutes, ordinances, building codes, rules and regulations, or operation of law.
2.2.8 2.4.8 The DP hereby agrees, subject to the Standard of Care, that it shall have the same legal responsibility to the Owner as the Owner has, or may have, to others arising out of, or resulting from, any acts errors or omissions of the DP.
2.2.9 2.4.9 All Drawings and Specifications shall bear the signature and seal of the DP or the DP’s Subconsultants, or both as appropriate. The DP as lead professional shall be fully responsible for all design and administration provided under this Agreement.
2.2.10 2.4.10 The DP shall prepare and provide all documents in form necessary for Owner to obtain any and all approvals required for approval of design and completed construction by all governmental authorities having jurisdiction over the Project and/or designated by the Owner. The Owner will sign applications and pay applicable fees for such governmental approvals.
2.2.11 Reserved2.4.11 The DP shall advise and consult with the Owner, if requested by the Owner, on selection of the CM@Risk. Further, the DP shall actively participate in discussions between the Owner and the CM@Risk regarding negotiations about the GMP and its acceptance by Owner. The DP shall review all GMP deliverables and advise Owner of any deficiencies in any GMP documents or proposals submitted by CM@Risk to Owner.
2.4.12 The DP shall advise the Owner on the acceptability of Subcontractors and material suppliers proposed by the CM@Risk. Among other things, DP shall assist the CM@Risk in the pre-qualification of Subcontractors and in the preparation of drawings, specifications and information for the purpose of preparing the Subcontractor bid packages. The DP shall not be responsible for the performance of the CM@Risk, the construction contract(s), work or products, or any defects, deficiencies or effects resulting solely from any contractor, subcontractor, manufacturer, supplier, and fabricator retained by the Owner,CM@Risk, or any other third party. Nothing in this Agreement shall be construed as giving the DP the responsibility for or the authority to control, direct or supervise construction means or methods.
2.4.13 The DP shall prepare complete and useable plans and specifications for the CM@Risk’s use for each portion of the Work to be bid separately and, if the Work is done in phases, complete sets plans and specifications for each phase.
2.4.14 If and to the extent Owner has given its prior approval, DP shall provide written interpretations and clarifications of the Construction Documents requested by the CM@Risk or any potential bidder.
2.4.15 Provide such other reasonable assistance to the CM@Risk as the CM@Risk and Owner request.
2.4.16 All of the above notwithstanding, award of the CM@Risk Contract and approval of the GMP will be made solely by the Owner. Award of the CM@Risk subcontracts will be made solely by the CM@Risk.
2.4.17 If at any time the CM@Risk’s estimate of Construction Costs or proposed GMP or the DP’s estimate of Probable Construction Costs (after attempted reconciliation between the CM@Risk’s Estimate of Construction Costs and the DP’s Estimate of Probable Construction Cost, and with the amount within the Owner’s Project Budget available for the Cost of the Work) exceeds the amount within Owner’s then current Project Budget available for the Cost of the Work, the DP shall promptly and at no cost to the Owner:
2.4.17.1 Revise all or any part of the Project drawings, specifications or both as the Owner may deem advisable for the purpose of reducing the Cost of the Work to be within the allocated line items within the Project Budget.
2.4.17.2 Perform any or all of the services described above as may be necessary to obtain a CM@Risk estimate of Construction Costs and GMP not exceeding the amount within Owner’s current Project Budget available for costs of the Work.
2.4.18 If at any time the Owner terminates the CM@Risk Contract for convenience or for other reason, the Owner will have the right to continue the Project on whatever Project delivery method it selects and the DP will continue to perform its services under this Agreement with the Owner and any substitute contractor for the construction.
Appears in 1 contract
Samples: Standard Form Agreement
DP’s Professional Responsibilities. 2.2.1 To the maximum extent allowed by law, the 2.4.1 The DP shall be responsible for and shall indemnify, hold harmless and, if elected by Owner, defend the Owner, the Arizona Board of Regents, and the State of Arizona from any and all claims, demands, losses, damages, liabilities, costs and expenses to the extent alleged to arise arising or result resulting from any negligence, recklessness, or intentional wrongful conduct or errors or omissions in the documents prepared by DP or DP’s Subconsultants in the performance of the DP’s Basic Services or Additional Services for Owner (“Errors and Omissions Amounts”). DP represents that it and the professional staff and Subconsultants it will assign to the project (registrants with the Arizona Board of Technical Registration and others), are fully qualified by education, technical training, and experience as professionals to perform the design services and contract administration called for by this Agreement.
2.2.2 2.4.2 DP agrees that in performing the design professional services to be performed under this Agreement, whether in the Design Phase or Construction Phase, or any subphase, it will apply the technical skills, knowledge and judgment that would be applied by other design and contract administration professionals in performing similar services as defined are called for by the Agreement and meet the applicable standard of care for such design and administrative services in Section 2.1.2.19 20xx within the State of this Agreement Arizona and cause all Subconsultants it employs to meet this same criteria and same Standard standard of Carecare.
2.2.3 2.4.3 Notwithstanding the contractual and indemnity remedies provided to Owner under the Agreement and applicable law to recover for any economic loss caused by DP’s actions, inactions, errors or omissions, DP acknowledges that a violation of the Standard standard of Care care or a failure to apply the necessary technical skill, knowledge and judgment when performing its services causing injury or damage to Owner is actionable and DP agrees that Owner may pursue as a remedy, in addition to any contractual or indemnity remedy, a tort claim for professional negligence against DP.
2.2.4 2.4.4 Although the Owner has the right to make claims in tort for professional negligence against DP as the lead registrant of the design team for the negligence, recklessness, or intentional wrongful conduct or errors or omissions negligence of DP or any of its Subconsultants, DP agrees it shall also be responsible for and shall indemnify and hold Owner, ABOR, and the State of Arizona harmless from any and all losses, expenses, damages, costs and injuries arising from or resulting from any negligence, recklessness, error or intentional wrongful conduct or errors or omissions omission in the design and/or documents prepared by DP or DP’s Subconsultants for Owner by the DP or DP’s Subconsultants any errors or omissions in the construction contract administration during the Construction Phase.
2.2.5 2.4.5 Notwithstanding Articles 2.2.1 2.4.1 through 2.2.42.4.4, Owner agrees not to hold DP responsible or liable for an amount equal to two percent (2%) of the Actual Costs of Construction Work GMP in effect at the time of Final Completion for any costs associated with professional errors or omissions of DP. It is understood and agreed that this 2% share shall apply to the aggregate amount of costs for professional errors or omissions and not to each error or omission individually. This 2% share shall not apply to claims for property damage, personal injury, or death, whether incurred by Owner, or third parties.is
2.2.6 2.4.6 At all times during this Agreement, DP shall comply with, and shall ensure its Workwork, including but not limited to Basic Services and Additional Services comply with, all applicable laws, statutes, ordinances, regulations, rules or codes.
2.2.7 2.4.7 Owner acceptance of the Design Documents provided to it by the DP and the DP’s estimates of Probable Construction Cost shall not relieve the DP from any responsibility for errors or omissions in those regardsregards nor from any duties to indemnify and hold the Owner and others harmless, nor from any other obligation of the DP under this Agreement or applicable laws, statutes, ordinances, building codes, rules and regulations, or operation of law.
2.2.8 2.4.8 The DP hereby agrees, subject to the Standard of Care, agrees that it shall have the same legal responsibility to the Owner as the Owner has, or may have, to others arising out of, or resulting from, any acts or omissions of the DP.
2.2.9 2.4.9 All Drawings and Specifications shall bear the signature and seal of the DP or the DP’s Subconsultants, or both as appropriate. The DP as lead professional shall be fully responsible for all design and administration provided under this Agreement.
2.2.10 2.4.10 The DP shall prepare and provide all documents in form necessary for Owner to obtain any and all approvals required for approval of design and completed construction by all governmental authorities having jurisdiction over the Project and/or designated by the Owner. The Owner will sign applications and pay applicable fees for such governmental approvals.
2.2.11 Reserved2.4.11 The DP shall advise and consult with the Owner, if requested by the Owner, on selection of the CM@Risk. Further, the DP shall actively participate in discussions between the Owner and the CM@Risk regarding negotiations about the GMP and its acceptance by Owner.
2.4.12 The DP shall advise the Owner on the acceptability of Subcontractors and material suppliers proposed by the CM@Risk. Among other things, DP shall assist the CM@Risk in the pre-qualification of Subcontractors and in the preparation of drawings, specifications and information for the purpose of preparing the Subcontractor bid packages.
2.4.13 The DP shall prepare complete and useable plans and specifications for the CM@Risk’s use for each portion of the Work to be bid separately and, if the Work is done in phases, complete sets plans and specifications for each phase.
2.4.14 If and to the extent Owner has given its prior approval, DP shall provide written interpretations and clarifications of the Construction Documents requested by the CM@Risk or any potential bidder.
2.4.15 Provide such other reasonable assistance to the CM@Risk as the CM@Risk and Owner request.
2.4.16 All of the above notwithstanding, award of the CM@Risk Contract and approval of the GMP will be made solely by the Owner. Award of the CM@Risk subcontracts will be made solely by the CM@Risk.
2.4.17 If at any time the CM@Risk’s estimate of Construction Costs or proposed GMP or the DP’s estimate of Probable Construction Costs (after attempted reconciliation between the CM@Risk’s Estimate of Construction Costs and the DP’s Estimate of Probable Construction Cost, and with the amount within the Owner’s Project Budget available for the Cost of the Work) exceeds the amount within Owner’s then current Project Budget available for the Cost of the Work, the DP shall promptly and at no cost to the Owner:
2.4.17.1 Revise all or any part of the Project drawings, specifications or both as the Owner may deem advisable for the purpose of reducing the Cost of the Work to be within the allocated line items within the Project Budget.
2.4.17.2 Perform any or all of the services described above as may be necessary to obtain a CM@Risk estimate of Construction Costs and GMP not exceeding the amount within Owner’s current Project Budget available for costs of the Work.
2.4.18 If at any time the Owner terminates the CM@Risk Contract for convenience or for other reason, the Owner will have the right to continue the Project on whatever Project delivery method it selects and the DP will continue to perform its services under this Agreement with the Owner and any substitute contractor for the construction.
Appears in 1 contract
Samples: Standard Form Agreement
DP’s Professional Responsibilities. 2.2.1 To the maximum extent allowed by law, the The DP shall be responsible for and shall indemnify, hold harmless and, if elected by Owner, and defend the Owner with counsel selected by Owner, the Arizona Board of Regents, and the State of Arizona from any and all claims, demands, losses, damages, liabilities, costs and expenses to the extent alleged to arise arising or result resulting from any negligence, recklessness, or intentional wrongful conduct or errors or omissions in the documents prepared by DP or DP’s Subconsultants in the performance of the DP’s Basic Services or Additional Services for Owner (“Errors and Omissions Amounts”). DP represents that it and the professional staff and Subconsultants it will assign to the project Project (registrants with the Arizona Board of Technical Registration and others), are fully qualified by education, technical training, and experience as professionals to perform the design services and contract administration called for by this Agreement.
2.2.2 DP agrees that in performing the design professional services to be performed under this Agreement, whether in the Design Phase or Construction Phase, or any subphase, it will apply the technical skills, knowledge and judgment that would be applied by other design and contract administration professionals in performing similar services as defined are called for by the Agreement and meet the applicable standard of care for such design and administrative services in Section 2.1.2.19 of this Agreement the location in which the Professional Services are performed, at the time in which the Project Authorization is issued and cause all Subconsultants it employs to meet this same criteria and same Standard standard of Carecare.
2.2.3 Notwithstanding the contractual and indemnity remedies provided to Owner under the Agreement and applicable law to recover for any economic loss caused by DP’s actions, inactions, errors or omissions, DP acknowledges that a violation of the Standard standard of Care care or a failure to apply the necessary technical skill, knowledge and judgment when performing its services causing injury or damage to Owner is actionable and DP agrees that Owner may pursue as a remedy, in addition to any contractual or indemnity remedy, a tort claim for professional negligence against DP.services
2.2.4 Although the Owner has the right to make claims in tort for professional negligence against DP as the lead registrant of the design team for the negligence, recklessness, or intentional wrongful conduct or errors or omissions negligence of DP or any of its Subconsultants, DP agrees it shall also be responsible for and shall indemnify indemnify, hold harmless and hold defend the Owner with counsel selected by Owner,, ABOR, and the State of Arizona harmless from any and all losses, expenses, damages, costs and injuries arising from or resulting from any negligence, recklessness, error or intentional wrongful conduct or errors or omissions omission in the design and/or documents prepared by DP or DP’s Subconsultants for Owner by the DP or DP’s Subconsultants any errors or omissions in the construction contract administration during the Construction Phase.
2.2.5 Notwithstanding Articles 2.2.1 through 2.2.4, Owner agrees not to hold DP responsible or liable for an amount equal to two percent (2%) of the Actual Costs of Construction Work in effect at the time of Final Completion for any costs associated with professional errors or omissions of DP. It is understood and agreed that this 2% share shall apply to the aggregate amount of costs for professional errors or omissions and not to each error or omission individually. This 2% share shall not apply to claims for property damage, personal injury, or death, whether incurred by Owner, or third parties.
2.2.6 At all times during this Agreement, DP shall comply with, and shall ensure its Work, including but not limited to Basic Professional Services and Additional Services the Work comply with, all applicable laws, statutes, ordinances, regulations, rules or codes.
2.2.7 Owner acceptance of the Design Documents provided to it by the DP and the DP’s estimates of Probable Construction Cost shall not relieve the DP from any responsibility for errors or omissions in those regardsregards nor from any duties to indemnify and hold the Owner and others harmless, nor from any other obligation of the DP under this Agreement or applicable laws, statutes, ordinances, building codes, rules and regulations, or operation of law.
2.2.8 The DP hereby agrees, subject to the Standard of Care, agrees that it shall have the same legal responsibility to the Owner as the Owner has, or may have, to others arising out of, or resulting from, any acts or omissions of the DP.
2.2.9 All Drawings and Specifications shall bear the signature and seal of the DP or the DP’s Subconsultants, or both as appropriate. The DP as lead professional shall be fully responsible for all design and administration provided under this Agreement.
2.2.10 The DP shall prepare and provide all documents in form necessary for Owner to obtain any and all approvals required for approval of design and completed construction by all governmental authorities having jurisdiction over the Project and/or designated by the Owner. The Owner will sign applications and pay applicable fees for such governmental approvals.
2.2.11 Reserved.
Appears in 1 contract
Samples: Standard Form Agreement
DP’s Professional Responsibilities. 2.2.1 To the maximum extent allowed by law, the The DP shall be responsible for and shall indemnify, hold harmless and, if elected by Owner, and defend the Owner with counsel selected by Owner, the Arizona Board of Regents, and the State of Arizona from any and all claims, demands, losses, damages, liabilities, costs and expenses to the extent alleged to arise arising or result resulting from any negligence, recklessness, or intentional wrongful conduct or errors or omissions in the documents prepared by DP or DP’s Subconsultants in the performance of the DP’s Basic Services or Additional Services for Owner (“Errors and Omissions Amounts”). DP represents that it and the professional staff and Subconsultants it will assign to the project Project (registrants with the Arizona Board of Technical Registration and others), are fully qualified by education, technical training, and experience as professionals to perform the design services and contract administration called for by this Agreement.
2.2.2 DP agrees that in performing the design professional services to be performed under this Agreement, whether in the Design Phase or Construction Phase, or any subphase, it will apply the technical skills, knowledge and judgment that would be applied by other design and contract administration professionals in performing similar services as defined are called for by the Agreement and meet the applicable standard of care for such design and administrative services in Section 2.1.2.19 of this Agreement the location in which the Professional Services are performed, at the time in which the Project Authorization is issued and cause all Subconsultants it employs to meet this same criteria and same Standard standard of Carecare.
2.2.3 Notwithstanding the contractual and indemnity remedies provided to Owner under the Agreement and applicable law to recover for any economic loss caused by DP’s actions, inactions, errors or omissions, DP acknowledges that a violation of the Standard standard of Care care or a failure to apply the necessary technical skill, knowledge and judgment when performing its services causing injury or damage to Owner is actionable and DP agrees that Owner may pursue as a remedy, in addition to any contractual or indemnity remedy, a tort claim for professional negligence against DP.
2.2.4 Although the Owner has the right to make claims in tort for professional negligence against DP as the lead registrant of the design team for the negligence, recklessness, or intentional wrongful conduct or errors or omissions negligence of DP or any of its Subconsultants, DP agrees it shall also be responsible for and shall indemnify indemnify, hold harmless and hold defend the Owner with counsel selected by Owner,, ABOR, and the State of Arizona harmless from any and all losses, expenses, damages, costs and injuries arising from or resulting from any negligence, recklessness, error or intentional wrongful conduct or errors or omissions omission in the design and/or documents prepared by DP or DP’s Subconsultants for Owner by the DP or DP’s Subconsultants any errors or omissions in the construction contract administration during the Construction Phase.
2.2.5 Notwithstanding Articles 2.2.1 through 2.2.4, Owner agrees not to hold DP responsible or liable for an amount equal to two percent (2%) of the Actual Costs of Construction Work in effect at the time of Final Completion for any costs associated with professional errors or omissions of DP. It is understood and agreed that this 2% share shall apply to the aggregate amount of costs for professional errors or omissions and not to each error or omission individually. This 2% share shall not apply to claims for property damage, personal injury, or death, whether incurred by Owner, or third parties.
2.2.6 At all times during this Agreement, DP shall comply with, and shall ensure its Work, including but not limited to Basic Professional Services and Additional Services the Work comply with, all applicable laws, statutes, ordinances, regulations, rules or codes.
2.2.7 Owner acceptance of the Design Documents provided to it by the DP and the DP’s estimates of Probable Construction Cost shall not relieve the DP from any responsibility for errors or omissions in those regardsregards nor from any duties to indemnify and hold the Owner and others harmless, nor from any other obligation of the DP under this Agreement or applicable laws, statutes, ordinances, building codes, rules and regulations, or operation of law.
2.2.8 The DP hereby agrees, subject to the Standard of Care, agrees that it shall have the same legal responsibility to the Owner as the Owner has, or may have, to others arising out of, or resulting from, any acts or omissions of the DP.
2.2.9 All Drawings and Specifications shall bear the signature and seal of the DP or the DP’s Subconsultants, or both as appropriate. The DP as lead professional shall be fully responsible for all design and administration provided under this Agreement.
2.2.10 The DP shall prepare and provide all documents in form necessary for Owner to obtain any and all approvals required for approval of design and completed construction by all governmental authorities having jurisdiction over the Project and/or designated by the Owner. The Owner will sign applications and pay applicable fees for such governmental approvals.
2.2.11 Reserved.
Appears in 1 contract
Samples: Standard Form Agreement Between Owner and Design Professional
