Common use of Mutual Responsibilities Clause in Contracts

Mutual Responsibilities. A. If any of the following Additional Services shall be required of the Architect/Engineer and cause the Architect/Engineer extra expense, the Owner’s designee and the Architect/Engineer shall agree in writing before the services are performed as to the amount and method of compensation. Additional services shall not be defined as any work provided for within approved change orders. 1. Providing design services relative to future facilities, systems, and equipment which are not intended to be constructed as part of the Project. 2. Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3. Providing interior design and other services required for or in connection with the selection of furniture and furnishings. 4. Making major revisions in Drawings, Specifications or other Documents when such revisions are inconsistent with written approvals or instructions previously given and are due to cause beyond the control of the Architect/Engineer. 5. Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing professional services as may be required in connection with the replacement of such Work. 6. Providing professional services made necessary by the default of the Contractor in the performance of the Construction Contract. 7. Providing Contract Administration and observation of construction after the Construction Contract Time has been exceeded or extended by more than twenty- five percent (25%) beyond the original. Extensions through change order are considered as part of the original construction time except time extensions due to weather, pauses in the work and other causes beyond the control of the Architect/Engineer, including the contractor's failure to complete the project on time. 8. Preparing to service or serving as an expert witness in connection with any public hearing, arbitration proceedings or legal proceeding. 9. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural or engineering practice. B. Payments for Basic Services shall be submitted on the School Board's Standard Payment Form and shall be made in proportion to services performed so that the compensation at the completion of each Phase shall equal the following percentages of the total basic fee: Schematic Design Phase 10% Preliminary Development Phase 30% Final Documents Phase 70% Bidding Phase 75% Construction Phase 100% C. Payments for change orders shall be included with basic service payments but identified separately. Change orders increase the project scope which in turn increases the basic services. Change orders shall not be considered as additional services. D. Payments for Additional Services of the Architect/Engineer in accordance to Article III A (1)-(9) shall be made monthly upon presentation of a statement. Additional services shall be invoiced separately by the Architect/Engineer and a detailed summary of the additional services performed shall be submitted. E. No deduction shall be withheld from the Architect/Engineer's fee on account of penalty or liquidated damages withheld from payments to Contractors. F. Should the Owner find it necessary to abandon or suspend, in whole or in part, a project during the design phase which is under contract with an Architect/Engineer, the Architect/Engineer is to be paid for the services rendered at the time of suspension or abandonment. Such payment shall constitute final payment for that service. G. Reinstatement of a Project abandoned or suspended shall be subject to the following conditions: 1. The Owner shall be given full credit for the Work completed. 2. The fee payable for completion of the Work shall be the unpaid amount of the lump sum fee originally agreed upon for the Project, and adjusted in accordance with current fee and any additional fee due to the changes in scope of the Project. 3. Compensation for Additional Services occasioned by changes in the scope of the Project or revisions in Work completed prior to abandonment or suspension shall be the subject of specific agreement between the Owner and Architect/Engineer at the time the Project is reinstated. H. The numbers of documents required and their ownership are: 1. Documents shall be reproduced for bidding and construction purposes in such form and number as the Owner’s designee may direct. Documents furnished for the bidding process may be partially reimbursed by prospective bidder deposit. The Architect/Engineer shall provide at no cost to the successful Contractor, six

Mutual Responsibilities. A. If any of the following Additional Services shall be required of the Architect/Engineer and cause the Architect/Engineer extra expense, the Owner’s Owners designee and the Architect/Engineer shall agree in writing before the services are performed as to the amount and method of compensation. Additional services shall not be defined as any work provided for within approved change orders. 1. Providing design services relative to future facilities, systems, and equipment which are not intended to be constructed as part of the Project. 2. Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3. Providing interior design and other services required for or in connection with the selection of furniture and furnishings. 4. Making major revisions in Drawings, Specifications or other Documents when such revisions are inconsistent with written approvals or instructions previously given and are due to cause beyond the control of the Architect/Engineer. 5. Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing professional services as may be required in connection with the replacement of such Work. 6. Providing professional services made necessary by the default of the Contractor in the performance of the Construction Contract. 7. Providing Contract Administration and observation of construction after the Construction Contract Time has been exceeded or extended by more than twenty- five percent (25%) beyond the original. Extensions through change order are considered as part of the original construction time except time extensions due to weather, pauses in the work and other causes beyond the control of the Architect/Engineer, including the contractor's failure to complete the project on time. 8. Preparing to service or serving as an expert witness in connection with any public hearing, arbitration proceedings or legal proceeding. 9. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural or engineering practice. B. Payments for Basic Services shall be submitted on the School Board's Standard Payment Form and shall be made in proportion to services performed so that the compensation at the completion of each Phase shall equal the following percentages of the total basic fee: Schematic Design Phase 10% Preliminary Development Phase 30% Final Documents Phase 70% Bidding Phase 75% Construction Phase 100% C. Payments for change orders shall be included with basic service payments but identified separately. Change orders increase the project scope which in turn increases the basic services. Change orders shall not be considered as additional services. D. Payments for Additional Services of the Architect/Engineer in accordance to Article III A (1)-(9) shall be made monthly upon presentation of a statement. Additional services shall be invoiced separately by the Architect/Engineer and a detailed summary of the additional services performed shall be submitted. E. No deduction shall be withheld from the Architect/Engineer's fee on account of penalty or liquidated damages withheld from payments to Contractors. F. Should the Owner find it necessary to abandon or suspend, in whole or in part, a project during the design phase which is under contract with an Architect/Engineer, the Architect/Engineer is to be paid for the services rendered at the time of suspension or abandonment. Such payment shall constitute final payment for that service. G. Reinstatement of a Project abandoned or suspended shall be subject to the following conditions: 1. The Owner shall be given full credit for the Work completed. 2. The fee payable for completion of the Work shall be the unpaid amount of the lump sum fee originally agreed upon for the Project, and adjusted in accordance with current fee and any additional fee due to the changes in scope of the Project. 3. Compensation for Additional Services occasioned by changes in the scope of the Project or revisions in Work completed prior to abandonment or suspension shall be the subject of specific agreement between the Owner and Architect/Engineer at the time the Project is reinstated. H. The numbers of documents required and their ownership are: 1. Documents shall be reproduced for bidding and construction purposes in such form and number as the Owner’s Owners designee may direct. Documents furnished for the bidding process may be partially reimbursed by prospective bidder deposit. The Architect/Engineer shall provide at no cost to the successful Contractor, six

Mutual Responsibilities. A. If any of the following Additional Services shall be required of the Architect/Engineer and cause the Architect/Engineer extra expense, the Owner’s The School Board of Clay County, Florida or their designee and the Architect/Engineer shall agree in writing before the services are performed as to the amount and method of compensation. Additional services shall not be defined as any work provided for within approved change orders. 1. Providing design services relative to future facilities, systems, and equipment which are not intended to be constructed as part of the Project. 2. Providing services to verify the accuracy of drawings or other information furnished by the OwnerSchool Board of Clay County, Florida. 3. Providing interior design and other services required for or in connection with the selection of furniture and furnishings. 4. Making major revisions in Drawings, Specifications or other Documents when such revisions are inconsistent with written approvals or instructions previously given and are due to cause beyond the control of the Architect/Engineer. 5. Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing professional services as may be required in connection with the replacement of such Work. 6. Providing professional services made necessary by the default of the Contractor in the performance of the Construction Contract. 7. Providing Contract Administration and observation of construction after the Construction Contract Time has been exceeded or extended by more than twenty- twenty-five percent (25%) beyond the original. Extensions through change order are considered as part of the original construction time except time extensions due to weather, pauses in the work and other causes beyond the control of the Architect/Engineer, including the contractor's failure to complete the project on time. 8. Preparing to service or serving as an expert witness in connection with any public hearing, arbitration proceedings or legal proceeding. 9. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural or engineering practice. B. Payments for Basic Services shall be submitted on the School Board's Standard Payment Form and shall be made in proportion to services performed so that the compensation at the completion of each Phase shall equal the following percentages of the total basic fee: Schematic Design Phase 10% Preliminary Development Phase 30% Final Documents Phase 70% Bidding Phase 75% Construction Phase 100% C. The amount of retainage in an Architect/Engineer's Basic Services fee for a given Project, until Final acceptance of the Project, shall be on a sliding scale proportionate to the construction cost as follows: (1) Construction Contracts Retain 10% of up to $1,000,000.00 Architect/Engineer’s Fee (2) Construction Contracts Retain 5% of up to $5,000,000.00 Architect/Engineer’s Fee (3) Construction Contracts Retain 4% of up to $10,000,000.00 Architect/Engineer’s Fee (4) Construction Contracts Retain 2% of in excess of $10,000,000.00 Architect/Engineer’s Fee D. Payments for change orders shall be included with basic service payments but identified separately. Change orders increase the project scope which in turn increases the basic services. Change orders shall not be considered as additional services. D. E. Payments for Additional Services of the Architect/Engineer in accordance to Article III A (1)-(9) shall be made monthly upon presentation of a statement. Additional services shall be invoiced separately by the Architect/Engineer and a detailed summary of the additional services performed shall be submitted. E. F. No deduction shall be withheld from the Architect/Engineer's fee on account of penalty or liquidated damages withheld from payments to Contractors. F. G. Should the Owner School Board of Clay County, Florida find it necessary to abandon or suspend, in whole or in part, a project during the design phase which is under contract with an Architect/Engineer, the Architect/Engineer is to be paid for the services rendered at the time of suspension or abandonment. Such payment shall constitute final payment for that service. G. H. Reinstatement of a Project abandoned or suspended shall be subject to the following conditions: 1. The Owner School Board of Clay County, Florida shall be given full credit for the Work completed. 2. The fee payable for completion of the Work shall be the unpaid amount of the lump sum fee originally agreed upon for the Project, and adjusted in accordance with current fee and any additional fee due to the changes in scope of the Project. 3. Compensation for Additional Services occasioned by changes in the scope of the Project or revisions in Work completed prior to abandonment or suspension shall be the subject of specific agreement between the Owner The School Board of Clay County, Florida, and Architect/Engineer at the time the Project is reinstated. H. I. The numbers of documents required and their ownership are: 1. Documents shall be reproduced for bidding and construction purposes in such form and number as the Owner’s The School Board or their designee may direct. Documents furnished for the bidding process may be partially reimbursed by prospective bidder deposit. The Architect/Engineer shall provide at no cost to the successful Contractor, sixsix (6) complete sets of documents. 2. The School Board of Clay County, Florida will require two (2) copies each of the Schematic Design Phase and Preliminary Design Phase. Five (5) copies of Final Design Phase will be required. These documents shall be furnished to the School Board of Clay County, Florida by the Architect/Engineer at his expense. All documents shall be signed and sealed. 3. The School Board of Clay County, Florida shall reimburse the Architect/Engineer for the actual cost of prints and printing required over and above the number of copies provided for under the preceding paragraphs, except for those sets printed for the use of the Architect/Engineer and his consultants for the purpose of bidding and construction.

Mutual Responsibilities. A. If any of the following Additional Services shall be required of the Architect/Engineer and cause the Architect/Engineer extra expense, the Owner’s The School District of Clay County, Florida or their designee and the Architect/Engineer shall agree in writing before the services are performed as to the amount and method of compensation. Additional services shall not be defined as any work provided for within approved change orders. 1. Providing design services relative to future facilities, systems, and equipment which are not intended to be constructed as part of the Project. 2. Providing services to verify the accuracy of drawings or other information furnished by the OwnerSchool District of Clay County, Florida. 3. Providing interior design and other services required for or in connection with the selection of furniture and furnishings. 4. Making major revisions in Drawings, Specifications or other Documents when such revisions are inconsistent with written approvals or instructions previously given and are due to cause beyond the control of the Architect/Engineer. 5. Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing professional services as may be required in connection with the replacement of such Work. 6. Providing professional services made necessary by the default of the Contractor in the performance of the Construction Contract. 7. Providing Contract Administration and observation of construction after the Construction Contract Time has been exceeded or extended by more than twenty- twenty-five percent (25%) beyond the original. Extensions through change order are considered as part of the original construction time except time extensions due to weather, pauses in the work and other causes beyond the control of the Architect/Engineer, including the contractor's failure to complete the project on time. 8. Preparing to service or serving as an expert witness in connection with any public hearing, arbitration proceedings or legal proceeding. 9. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural or engineering practice. B. Payments for Basic Services shall be submitted on the School BoardDistrict's Standard Payment Form and shall be made in proportion to services performed so that the compensation at the completion of each Phase shall equal the following percentages of the total basic fee: Schematic Design Phase Phase. 10% Preliminary Development Phase Phase. 30% Final Documents Phase Phase. 70% Bidding Phase Phase. 75% Construction Phase Phase. 100% C. The amount of retainage in an Architect/Engineer's Basic Services fee for a given Project, until Final acceptance of the Project, shall be on a sliding scale proportionate to the construction cost as follows: (1) Construction Contracts Retain 10% of up to $1,000,000.00 Architect/Engineer’s Fee (2) Construction Contracts Retain 5% of up to $5,000,000.00 Architect/Engineer’s Fee (3) Construction Contracts Retain 4% of up to $10,000,000.00 Architect/Engineer’s Fee (4) Construction Contracts Retain 2% of in excess of $10,000,000.00 Architect/Engineer’s Fee D. Payments for change orders shall be included with basic service payments but identified separately. Change orders increase the project scope which in turn increases the basic services. Change orders shall not be considered as additional services. D. E. Payments for Additional Services of the Architect/Engineer in accordance to Article III A (1)-(9) shall be made monthly upon presentation of a statement. Additional services shall be invoiced separately by the Architect/Engineer and a detailed summary of the additional services performed shall be submitted. E. F. No deduction shall be withheld from the Architect/Engineer's fee on account of penalty or liquidated damages withheld from payments to Contractors. F. G. Should the Owner School District of Clay County, Florida find it necessary to abandon or suspend, in whole or in part, a project during the design phase which is under contract with an Architect/Engineer, the Architect/Engineer is to be paid for the services rendered at the time of suspension or abandonment. Such payment shall constitute final payment for that service. G. H. Reinstatement of a Project abandoned or suspended shall be subject to the following conditions: 1. The Owner School District of Clay County, Florida shall be given full credit for the Work completed. 2. The fee payable for completion of the Work shall be the unpaid amount of the lump sum fee originally agreed upon for the Project, and adjusted in accordance with current fee and any additional fee due to the changes in scope of the Project. 3. Compensation for Additional Services occasioned by changes in the scope of the Project or revisions in Work completed prior to abandonment or suspension shall be the subject of specific agreement between the Owner The School District of Clay County, Florida, and Architect/Engineer at the time the Project is reinstated. H. I. The numbers of documents required and their ownership are: 1. Documents shall be reproduced for bidding and construction purposes in such form and number as the Owner’s The School District or their designee may direct. Documents furnished for the bidding process may be partially reimbursed by prospective bidder deposit. The Architect/Engineer shall provide at no cost to the successful Contractor, sixsix (6) complete sets of documents. 2. The School District of Clay County, Florida will require two (2) copies each of the Schematic Design Phase and Preliminary Design Phase. Five (5) copies of Final Design Phase will be required. These documents shall be furnished to the School District of Clay County, Florida by the Architect/Engineer at his expense. All documents shall be signed and sealed. 3. The School District of Clay County, Florida shall reimburse the Architect/Engineer for the actual cost of prints and printing required over and above the number of copies provided for under the preceding paragraphs, except for those sets printed for the use of the Architect/Engineer and his consultants for the purpose of bidding and construction.