Common use of Professional Consultant's Professional Responsibility and Standard of Care Clause in Contracts

Professional Consultant's Professional Responsibility and Standard of Care. 3.2.1 By execution of this Agreement, the Professional Consultant hereby warrants that (a) it is an experienced, established firm having the ability and skill necessary to perform all the services required of it under this Agreement in connection with scope and complexity of the Project contemplated herein; (b) it has the capabilities and resources necessary to perform its obligations hereunder; and (c) it is familiar with current laws, rules and regulations which are applicable (such laws, rules and regulations including, but not limited to, local ordinances, requirements of building codes of city, county, state and federal authorities which are applicable to the Project, local sanitary laws and rules and regulations, and orders and interpretations by governing public authorities of such ordinances, requirements, codes, laws, rules and regulations in effect at the time of commencement of services applicable to the Project), and that all drawings, specifications and other documents prepared by the Professional Consultant shall be prepared in accordance with and shall accurately meet, reflect and incorporate all such laws, rules and regulations. 3.2.2 The Professional Consultant hereby represents and agrees within the professional standard of care that the drawings, specifications, documents and other services prepared by it pursuant to this Agreement shall be complete and functional for the purposes intended, as mutually agreed upon between the Owner and the Professional Consultant, except as to any deficiencies which are due to causes beyond the control of the Professional Consultant, and that the Project, if constructed in accordance with the intent established by such drawings, specifications and other documents, shall be structurally sound and suitable for the purpose intended. 3.2.3 The Professional Consultant shall be responsible for any negligent acts, errors, or omissions in the drawings, specifications, documents and other services within the normal standard of care at the time services are rendered. While the Professional Consultant cannot guarantee the various documents and services required herein to be completely free of minor human errors and omissions, it shall be the responsibility of the Professional Consultant throughout the period of performance under this Agreement to use due care with professional competence. The Professional Consultant will correct at no additional cost to the Owner any negligent acts, errors and omissions in the drawings, specifications, documents and other services prepared by the Professional Consultant. The Professional Consultant further agrees, at no additional cost, to render assistance to the Owner in resolving problems identified by the Owner relating to the design, specified materials or related Project issues. 3.2.4 It is the responsibility of the Professional Consultant to make certain that all drawings, specifications and other documents are in accordance with applicable laws, statutes, building codes and regulations and that appropriate reviews and approvals are requested and obtained from Federal, State and local governments. 3.2.5 It is the responsibility of the Professional Consultant to assure that the Project Construction Documents require that no asbestos containing materials are to be incorporated in the Project, and that the Contractor must certify that no asbestos containing material was used as a pre-condition to final payment. 3.2.6 If construction pricing exceeds the Project Construction Budget, the Professional Consultant shall, at no additional cost to the Owner, revise the design documents to meet the Project Construction Budget in cooperation with the Owner and Contractor (if applicable). The Professional Consultant’s responsibilities may include but shall not be limited to, participating in discussions, meetings and decisions, revising documents or providing additional documents as necessary to obtain pricing to meet budget constraints.

Appears in 2 contracts

Samples: Contract for Professional Services, Professional Services

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Professional Consultant's Professional Responsibility and Standard of Care. 3.2.1 By execution of this Agreement, the Professional Consultant hereby warrants that (a) it is an experienced, established firm having the ability and skill necessary to perform all the services required of it under this Agreement in connection with scope and complexity of the Project contemplated herein; (b) it has the capabilities and resources necessary to perform its obligations hereunder; and (c) it is familiar with current laws, rules and regulations which are applicable (such laws, rules and regulations including, but not limited to, local ordinances, requirements of building codes of city, county, state and federal authorities which are applicable to the Project, local sanitary laws and rules and regulations, and orders and interpretations by governing public authorities of such ordinances, requirements, codes, laws, rules and regulations in effect at the time of commencement of services applicable to the Project), and that all drawings, specifications and other documents prepared by the Professional Consultant shall be prepared in accordance with and shall accurately meet, reflect and incorporate all such laws, rules and regulations. 3.2.2 The Professional Consultant hereby represents and agrees within the professional standard of care that the drawings, specifications, documents and other services prepared by it pursuant to this Agreement shall be complete and functional for the purposes intended, as mutually agreed upon between the Owner and the Professional Consultant, except as to any deficiencies which are due to causes beyond the control of the Professional Consultant, and that the Project, if constructed in accordance with the intent established by such drawings, specifications and other documents, shall be structurally sound and suitable for the purpose intended. 3.2.3 The Professional Consultant shall be responsible for any negligent acts, errors, or omissions in the drawings, specifications, documents and other services within the normal standard of care at the time services are rendered. While the Professional Consultant cannot guarantee the various documents and services required herein to be completely free of minor human errors and omissions, it shall be the responsibility of the Professional Consultant throughout the period of performance under this Agreement to use due care with professional competence. The Professional Consultant will correct at no additional cost to the Owner any negligent acts, errors and omissions in the drawings, specifications, documents and other services prepared by the Professional Consultant. The Professional Consultant further agrees, at no additional cost, to render assistance to the Owner in resolving problems identified by the Owner relating to the design, specified materials or related Project issues. 3.2.4 It is the responsibility of the Professional Consultant to make certain that all drawings, specifications and other documents are in accordance with applicable laws, statutes, building codes and regulations and that appropriate reviews and approvals are requested and obtained from Federal, State and local governments. 3.2.5 It is the responsibility of the Professional Consultant to assure that the Project Construction Documents require that no asbestos containing materials are to be incorporated in the Project, and that the Contractor must certify that no asbestos containing material was used as a pre-pre- condition to final payment. 3.2.6 If construction pricing exceeds the Project Construction Budget, the Professional Consultant shall, at no additional cost to the Owner, revise the design documents to meet the Project Construction Budget in cooperation with the Owner and Contractor (if applicable). The Professional Consultant’s responsibilities may include but shall not be limited to, participating in discussions, meetings and decisions, revising documents or providing additional documents as necessary to obtain pricing to meet budget constraints.

Appears in 2 contracts

Samples: Contract for Professional Services, Contract for Professional Services

Professional Consultant's Professional Responsibility and Standard of Care. 3.2.1 By execution of this Agreement, the Professional Consultant hereby warrants that (a) it is an experienced, established firm having the ability and skill necessary to perform all the services required of it under this Agreement in connection with scope and complexity of the Project contemplated herein; (b) it has the capabilities and resources necessary to perform its obligations hereunder; and (c) it is familiar with current laws, rules and regulations which are applicable (such laws, rules and regulations including, but not limited to, local ordinances, requirements of building codes of city, county, state and federal authorities which are applicable to the Project, local sanitary laws and rules and regulations, and orders and interpretations by governing public authorities of such ordinances, requirements, codes, laws, rules and regulations in effect at the time of commencement of services applicable to the Project), and that all drawings, specifications and other documents prepared by the Professional Consultant shall be prepared in accordance with and shall accurately meet, reflect and incorporate all such laws, rules and regulations. 3.2.2 The Professional Consultant hereby represents and agrees within the professional standard of care that the drawings, specifications, documents and other services prepared by it pursuant to this Agreement shall be complete and functional for the purposes intended, as mutually agreed upon between the Owner and the Professional Consultant, except as to any deficiencies which are due to causes beyond the control of the Professional Consultant, and that the Project, if constructed in accordance with the intent established by such drawings, specifications and other documents, shall be structurally sound and suitable for the purpose intended. 3.2.3 The Professional Consultant shall be responsible for any negligent acts, errors, or omissions in the drawings, specifications, documents and other services within the normal standard of care at the time services are rendered. While the Professional Consultant cannot guarantee the various documents and services required herein to be completely free of minor human errors and omissions, it shall be the responsibility of the Professional Consultant throughout the period of performance under this Agreement to use due care with professional competence. The Professional Consultant will correct at no additional cost to the Owner any negligent acts, errors and omissions in the drawings, specifications, documents and other services prepared by the Professional Consultant. The Professional Consultant further agrees, at no additional cost, to render assistance to the Owner in resolving problems identified by the Owner relating to the design, specified materials or related Project issues. 3.2.4 It is the responsibility of the Professional Consultant to make certain that all drawings, specifications and other documents are in accordance with applicable laws, statutes, building codes and regulations and that appropriate reviews and approvals are requested and obtained from Federal, State and local governments. 3.2.5 It is the responsibility of the Professional Consultant to assure that the Project Construction Documents require that no asbestos containing materials are to be incorporated in the Project, and that the Contractor must certify that no asbestos containing material was used as a pre-condition to final payment. 3.2.6 If construction pricing exceeds exceed the Project Construction Budget, the Professional Consultant shall, at no additional cost to the Owner, revise the design documents to meet the Project Construction Budget in cooperation with the Owner and Contractor (if applicable). The Professional Consultant’s responsibilities may include but shall not be limited to, participating in discussions, meetings and decisions, revising documents or providing additional documents as necessary to obtain pricing to meet budget constraints.

Appears in 1 contract

Samples: Continuing Contract for Professional Services

Professional Consultant's Professional Responsibility and Standard of Care. 3.2.1 By execution of this Agreement, the Professional Consultant hereby warrants that (a) it is an experienced, established firm having the ability and skill necessary to perform all the services required of it under this Agreement in connection with scope and complexity of the Project contemplated herein; (b) it has the capabilities and resources necessary to perform its obligations hereunder; and (c) it is familiar with current laws, rules and regulations which are applicable (such laws, rules and regulations including, but not limited to, local ordinances, requirements of building codes of city, county, state and federal authorities which are applicable to the Project, local sanitary laws and rules and regulations, and orders and interpretations by governing public authorities of such ordinances, requirements, codes, laws, rules and regulations in effect at the time of commencement of services applicable to the Project), and that all drawings, specifications and other documents prepared by the Professional Consultant shall be prepared in accordance with and shall accurately meet, reflect and incorporate all such laws, rules and regulations. 3.2.2 The Professional Consultant hereby represents and agrees within the professional standard of care that the drawings, specifications, documents and other services prepared by it pursuant to this Agreement shall be complete and functional for the purposes intended, as mutually agreed upon between the Owner and the Professional Consultant, except as to any deficiencies which are due to causes beyond the control of the Professional Consultant, and that the Project, if constructed in accordance with the intent established by such drawings, specifications and other documents, shall be structurally sound and suitable for the purpose intended. 3.2.3 The Professional Consultant shall be responsible for any negligent acts, errors, or omissions in the drawings, specifications, documents and other services within the normal standard of care at the time services are rendered. While the Professional Consultant cannot guarantee the various documents and services required herein to be completely free of minor human errors and omissions, it shall be the responsibility of the Professional Consultant throughout the period of performance under this Agreement to use due care with professional competence. The Professional Consultant will correct at no additional cost to the Owner any negligent acts, errors and omissions in the drawings, specifications, documents and other services prepared by the Professional Consultant. The Professional Consultant further agrees, at no additional cost, to render assistance to the Owner in resolving problems identified by the Owner relating to the design, specified materials or related Project issues. 3.2.4 It is the responsibility of the Professional Consultant to make certain that all drawings, specifications specifications, and other documents are in accordance with applicable laws, statutes, building codes and regulations and that appropriate reviews and approvals are requested and obtained from Federal, State and local governments. 3.2.5 It is the responsibility of the Professional Consultant to assure that the Project Construction Documents require that no asbestos containing materials are to be incorporated in the Project, and that the Contractor must certify that no asbestos containing material was used as a pre-condition to final payment. 3.2.6 If construction pricing exceeds exceed the Project Construction Budget, the Professional Consultant shall, at no additional cost to the Owner, revise the design documents to meet the Project Construction Budget in cooperation with the Owner and Contractor (if applicable). The Professional Consultant’s responsibilities may include but shall not be limited to, participating in discussions, meetings and decisions, revising documents or providing additional documents as necessary to obtain pricing to meet budget constraints.

Appears in 1 contract

Samples: Continuing Contract for Professional Services

Professional Consultant's Professional Responsibility and Standard of Care. 3.2.1 By execution of this Agreement, the Professional Consultant hereby warrants that (a) it is an experienced, established firm having the ability and skill necessary to perform all the services required of it under this Agreement in connection with scope and complexity of the Project contemplated herein; (b) it has the capabilities and resources necessary to perform its obligations hereunder; and (c) it is familiar with current laws, rules and regulations which are applicable (such laws, rules and regulations including, but not limited to, local ordinances, requirements of building codes of city, county, state and federal authorities which are applicable to the Project, local sanitary laws and rules and regulations, and orders and interpretations by governing public authorities of such ordinances, requirements, codes, laws, rules and regulations in effect at the time of commencement of services applicable to the Project), and that all drawings, specifications and other documents prepared by the Professional Consultant shall be prepared in accordance with and shall accurately meet, reflect and incorporate all such laws, rules and regulations. 3.2.2 The Professional Consultant hereby represents and agrees within the professional standard of care that the drawings, specifications, documents and other services prepared by it pursuant to this Agreement shall be complete and functional for the purposes intended, as mutually agreed upon between the Owner and the Professional Consultant, except as to any deficiencies which are due to causes beyond the control of the Professional Consultant, and that the Project, if constructed in accordance with the intent established by such drawings, specifications and other documents, shall be structurally sound and suitable for the purpose intended. 3.2.3 The Professional Consultant shall be responsible for any negligent acts, errors, or omissions in the drawings, specifications, documents and other services within the normal standard of care at the time services are rendered. While the Professional Consultant cannot guarantee the various documents and services required herein to be completely free of minor human errors and omissions, it shall be the responsibility of the Professional Consultant throughout the period of performance under this Agreement to use due care with professional competence. The Professional Consultant will correct at no additional cost to the Owner any negligent acts, errors and omissions in the drawings, specifications, documents and other services prepared by the Professional Consultant. The Professional Consultant further agrees, at no additional cost, to render assistance to the Owner in resolving problems identified by the Owner relating to the design, specified materials or related Project issues. 3.2.4 It is the responsibility of the Professional Consultant to make certain that all drawings, specifications and other documents are in accordance with applicable laws, statutes, building codes and regulations and that appropriate reviews and approvals are requested and obtained from Federal, State and local governments. 3.2.5 It is the responsibility of the Professional Consultant to assure that the Project Construction Documents require that no asbestos containing materials are to be incorporated in the Project, and that the Contractor must certify that no asbestos containing material was used as a pre-condition to final payment. 3.2.6 If construction pricing exceeds exceed the Project Construction Budget, the Professional Consultant shall, at no additional cost to the Owner, revise the design documents to meet the Project Construction Budget in cooperation with the Owner and Contractor (if applicable)Contractor. The Professional Consultant’s responsibilities may include but shall not be limited to, participating in discussions, meetings and decisions, revising documents or providing additional documents as necessary to obtain pricing to meet budget constraints.

Appears in 1 contract

Samples: Professional Services

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Professional Consultant's Professional Responsibility and Standard of Care. 3.2.1 By execution of this Agreement, the Professional Consultant hereby warrants that (a) it is an experienced, established firm having the ability and skill necessary to perform all the services required of it under this Agreement in connection with scope and complexity of the Project contemplated herein; (b) it has the capabilities and resources necessary to perform its obligations hereunder; and (c) it is familiar with current laws, rules and regulations which are applicable (such laws, rules and regulations including, but not limited to, local ordinances, requirements of building codes of city, county, state and federal authorities which are applicable to the Project, local sanitary laws and rules and regulations, and orders and interpretations by governing public authorities of such ordinances, requirements, codes, laws, rules and regulations in effect at the time of commencement of services applicable to the Project), and that all drawings, specifications and other documents prepared by the Professional Consultant shall be prepared in accordance with and shall accurately meet, reflect and incorporate all such laws, rules and regulations. 3.2.2 The Professional Consultant hereby represents and agrees within the professional standard of care that the drawings, specifications, documents and other services prepared by it pursuant to this Agreement shall be complete and functional for the purposes intended, as mutually agreed upon between the Owner and the Professional Consultant, except as to any deficiencies which are due to causes beyond the control of the Professional Consultant, and that the Project, if constructed in accordance with the intent established by such drawings, specifications and other documents, shall be structurally sound and suitable for the purpose intended. 3.2.3 The Professional Consultant shall be responsible for any negligent acts, errors, or omissions in the drawings, specifications, documents and other services within the normal standard of care at the time services are rendered. While the Professional Consultant cannot guarantee the various documents and services required herein to be completely free of minor human errors and omissions, it shall be the responsibility of the Professional Consultant throughout the period of performance under this Agreement to use due care with professional competence. The Professional Consultant will correct at no additional cost to the Owner any negligent acts, errors and omissions in the drawings, specifications, documents and other services prepared by the Professional Consultant. The Professional Consultant further agrees, at no additional cost, to render assistance to the Owner in resolving mutually agreed upon problems identified by the Owner relating to the design, design or specified materials or related Project issuesmaterials. 3.2.4 It is the responsibility of the Professional Consultant to make certain that all drawings, specifications and other documents are in accordance with applicable laws, statutes, building codes and regulations and that appropriate reviews and approvals are requested and obtained from Federal, State and local governments. 3.2.5 It is the responsibility of the Professional Consultant to assure that the Project Construction Documents require that no asbestos containing materials are to be incorporated in the Project, and that the Contractor must certify that no asbestos containing material was used as a pre-condition to final payment. 3.2.6 If construction pricing exceeds bids exceed the Project Construction Budget, the Budget The Professional Consultant shall, at no additional cost to the Owner, revise assist the design documents Owner and the Contractor in Value Engineering or scope reductions necessary to meet the Project Construction Budget in cooperation with the Owner and Contractor (if applicable)Budget. The Professional Consultant’s responsibilities may include Such assistance shall include, but shall not be limited to, participating in discussions, meetings and decisions, decisions and revising existing documents or providing additional documents as necessary to obtain pricing to meet budget constraintsfor and implement the Value Engineering and/or scope reductions.

Appears in 1 contract

Samples: Professional Services

Professional Consultant's Professional Responsibility and Standard of Care. 3.2.1 By execution of this Agreement, the Professional Consultant hereby warrants that (a) it is an experienced, established firm having the ability and skill necessary to perform all the services required of it under this Agreement in connection with scope and complexity of the Project contemplated herein; (b) it has the capabilities and resources necessary to perform its obligations hereunder; and (c) it is familiar with current laws, rules and regulations which are applicable (such laws, rules and regulations including, but not limited to, local ordinances, requirements of building codes of city, county, state and federal authorities which are applicable to the Project, local sanitary laws and rules and regulations, and orders and interpretations by governing public authorities of such ordinances, requirements, codes, laws, rules and regulations in effect at the time of commencement of services applicable to the Project), and that all drawings, specifications and other documents prepared by the Professional Consultant shall be prepared in accordance with and shall accurately meet, reflect and incorporate all such laws, rules and regulations. 3.2.2 The Professional Consultant hereby represents and agrees within the professional standard of care that the drawings, specifications, documents and other services prepared by it pursuant to this Agreement shall be complete and functional for the purposes intended, as mutually agreed upon between the Owner and the Professional Consultant, except as to any deficiencies which are due to causes beyond the control of the Professional Consultant, and that the Project, if constructed in accordance with the intent established by such drawings, specifications and other documents, shall be structurally sound and suitable for the purpose intended. 3.2.3 The Professional Consultant shall be responsible for any negligent acts, errors, or omissions in the drawings, specifications, documents and other services within the normal standard of care at the time services are rendered. While the Professional Consultant cannot guarantee the various documents and services required herein to be completely free of minor human errors and omissions, it shall be the responsibility of the Professional Consultant throughout the period of performance under this Agreement to use due care with professional competence. The Professional Consultant will correct at no additional cost to the Owner any negligent acts, errors and omissions in the drawings, specifications, documents and other services prepared by the Professional Consultant. The Professional Consultant further agrees, at no additional cost, to render assistance to the Owner in resolving problems identified by the Owner relating to the design, specified materials or related Project issues. 3.2.4 It is the responsibility of the Professional Consultant to make certain that all drawings, specifications and other documents are in accordance with applicable laws, statutes, building codes and regulations and that appropriate reviews and approvals are requested and obtained from Federal, State and local governments. 3.2.5 It is the responsibility of the Professional Consultant to assure that the Project Construction Documents require that no asbestos containing materials are to be incorporated in the Project, and that the Contractor must certify that no asbestos containing material was used as a pre-condition to final payment. 3.2.6 If construction pricing exceeds the Project Construction Budget, the Professional Consultant shall, at no additional cost to the Owner, revise the design documents to meet the Project Construction Budget in cooperation with the Owner and Contractor (if applicable)Contractor. The Professional Consultant’s responsibilities may include but shall not be limited to, participating in discussions, meetings and decisions, revising documents or providing additional documents as necessary to obtain pricing to meet budget constraints.

Appears in 1 contract

Samples: Professional Services

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