Common use of Project Professional Liability Clause in Contracts

Project Professional Liability. If OWNER notifies DESIGN PROFESSIONAL that a project professional liability policy will be purchased, then DESIGN PROFESSIONAL agrees to use its best efforts in cooperation with OWNER and OWNER’S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of DESIGN PROFESSIONAL’S professional liability policy. If no credit is available from DESIGN PROFESSIONAL’S current professional policy underwriter, then DESIGN PROFESSIONAL agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). DESIGN PROFESSIONAL agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and DESIGN PROFESSIONAL, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in DESIGN PROFESSIONAL’S self-insured retention and the risk of uninsured or underinsured Consultants. DESIGN PROFESSIONAL agrees to provide the following information when requested by OWNER or OWNER’S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. If OWNER elects to purchase a project professional liability policy, DESIGN PROFESSIONAL to be insured will be notified and OWNER will provide professional liability insurance, naming DESIGN PROFESSIONAL and its professional Consultants as named insureds. SCHEDULE F RATE SCHEDULE F-1 (SDP-CM)

Project Professional Liability. If OWNER notifies DESIGN PROFESSIONAL that a project professional liability policy will be purchased, then DESIGN PROFESSIONAL agrees to use its best efforts in cooperation with OWNER and OWNER’S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of DESIGN PROFESSIONAL’S professional liability policy. If no credit is available from DESIGN PROFESSIONAL’S current professional policy underwriter, then DESIGN PROFESSIONAL agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). DESIGN PROFESSIONAL agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and DESIGN PROFESSIONAL, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in DESIGN PROFESSIONAL’S self-insured retention and the risk of uninsured or underinsured Consultantsconsultants. DESIGN PROFESSIONAL agrees to provide the following information when requested by OWNER or OWNER’S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. E-3 (CDP) If OWNER elects to purchase a project professional liability policy, DESIGN PROFESSIONAL to be insured will be notified and OWNER will provide professional liability insurance, naming DESIGN PROFESSIONAL and its professional Consultants subconsultants as named insureds. SCHEDULE F RATE SCHEDULE F-1 (SDP-CM).

Project Professional Liability. If OWNER notifies DESIGN PROFESSIONAL that a project professional liability policy will be purchased, then DESIGN PROFESSIONAL agrees to use its best efforts in cooperation with OWNER and OWNER’S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of DESIGN PROFESSIONAL’S professional liability policy. If no credit is available from DESIGN PROFESSIONAL’S current professional policy underwriter, then DESIGN PROFESSIONAL agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). DESIGN PROFESSIONAL agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and DESIGN PROFESSIONAL, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in DESIGN PROFESSIONAL’S self-insured retention and the risk of uninsured or underinsured Consultantsconsultants. DESIGN PROFESSIONAL agrees to provide the following information when requested by OWNER or OWNER’S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. If OWNER elects to purchase a project professional liability policy, DESIGN PROFESSIONAL to be insured will be notified and OWNER will provide professional liability insurance, naming DESIGN PROFESSIONAL and its professional Consultants subconsultants as named insureds. SCHEDULE F RATE SCHEDULE F-1 (SDP-CM).

Project Professional Liability. If OWNER Owner notifies DESIGN PROFESSIONAL Design Builder that a project professional liability policy will be purchased, then DESIGN PROFESSIONAL Design Builder agrees to use its best efforts in cooperation with OWNER Owner and OWNER’S Owner’s insurance representative, to pursue the maximum credit available available, from the professional liability carrier providing the coverage required in paragraph V above, for a reduction in the premium of DESIGN PROFESSIONAL’S professional liability policypolicy premium associated with that coverage. If no credit is available from DESIGN PROFESSIONAL’S current that professional policy underwriter, then DESIGN PROFESSIONAL Design Builder agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). DESIGN PROFESSIONAL Design Builder agrees that any such credit will fully accrue to OWNEROwner. Should no credit accrue to OWNEROwner, OWNER Owner and DESIGN PROFESSIONALDesign Builder, agree to negotiate in good faith a credit on behalf of OWNER Owner for the provision of project-specific professional liability insurance policy in consideration for a reduction in DESIGN PROFESSIONAL’S any applicable self-insured retention and the risk of uninsured or underinsured Consultantsconsultants. DESIGN PROFESSIONAL Design Builder agrees to provide the following information when requested by OWNER Owner or OWNER’S Project ManagerOwner’s Representative: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. If OWNER Owner elects to purchase a project professional liability policy, DESIGN PROFESSIONAL to be insured Design Builder will be notified and OWNER Owner will provide professional liability insurance, naming DESIGN PROFESSIONAL Design Builder and its professional Consultants subconsultants as named insureds. STATE OF FLORIDA ) COUNTY OF ) Before me, the undersigned authority, personally appeared (1) In accordance with the Contract Documents and in consideration of $ paid, (“Design Builder”) releases and waives for itself and its subcontractors, materialmen, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against The School Board of Orange County, Florida, a body corporate existing under the laws of the State of Florida (“Owner”) relating in any way to the performance of the Agreement between Design Builder and Owner, dated , 200 , for the period from to (2) Design Builder certifies for itself and its subcontractors, materialmen, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Design Builder agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against Owner arising out of the performance by Design Builder of the Work covered by this Release and Affidavit. (4) Design Builder certifies that it has paid all its subcontractors and materialmen in full all amounts owed them from any previous payments received by Design Builder from Owner and has not withheld any such amounts. In the event Design Builder withholds any unpaid amounts due to its subcontractors and/or materialmen from the payment it receives from Owner with respect to the Application for Payment referenced in paragraph 5 below, Design Builder agrees to immediately refund all such unpaid amounts to Owner. (5) This Release and Affidavit is given in connection with Design Builder’s [monthly/final] Application for Payment No. _. Witnesses By: Its: _ President Date: [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200 , by , as of , a corporation, on behalf of the corporation. He/She is personally known to me or has produced a (state) driver’s license no. My Commission Expires: (AFFIX NOTARY SEAL) (Serial Number, if any) MWBE STATUS REPORT, APPRENTICESHIP REPORT AND SCHEDULE F RATE SCHEDULE F-1 OF VALUES CHANGE ORDER NO. CONTRACT NO. TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated , 20 . ****************************************************************************** You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Description of change(s): For the (SDP-CMAdditive) (Deductive) Sum of: ($ ). Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now ( ) calendar days and the Substantial Completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including, claims for impact and delay costs. Accepted: , 20 , The School Board of Orange County, Florida By: By: Print Name: Print Name: Its: Its: I. Design Phase Services: II Construction Phase Services: Pursuant to Sections 4B and 7A of the Agreement, dated _, between The School Board of Orange County, Florida (“Owner”) and

Project Professional Liability. If OWNER notifies DESIGN PROFESSIONAL that a project professional liability policy will be purchased, then DESIGN PROFESSIONAL agrees to use its best efforts in cooperation with OWNER and OWNER’S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of DESIGN PROFESSIONAL’S professional liability policy. If no credit is available from DESIGN PROFESSIONAL’S current professional policy underwriter, then DESIGN PROFESSIONAL agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). DESIGN PROFESSIONAL agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and DESIGN PROFESSIONAL, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in DESIGN PROFESSIONAL’S self-insured retention and the risk of uninsured or underinsured Consultantsconsultants. DESIGN PROFESSIONAL agrees to provide the following information when requested by OWNER or OWNER’S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. If OWNER elects to purchase a project professional liability policy, DESIGN PROFESSIONAL to be insured will be notified and OWNER will provide professional liability insurance, naming DESIGN PROFESSIONAL and its professional Consultants subconsultants as named insureds. E-3 (SDP-CM) SCHEDULE F RATE SCHEDULE F-1 (SDP-CM)