Common use of Professional Responsibility; Project Requirements Clause in Contracts

Professional Responsibility; Project Requirements. (a) All of the Work performed by the Design Consultant under this Agreement shall be performed in accordance with the standards of care, skill and diligence provided by competent professionals who perform work of a nature similar to the Work described in this Agreement. (b) The Design Consultant agrees to strictly conform to and be bound by written standards, criteria, budgetary considerations and memoranda of policy furnished to it by the City and further agrees to design each Work Project in compliance with applicable laws, statues, codes, ordinances, rules and regulations, and industry standards. (c) All professional services, plans and specifications and other work, or deliverables provided under this Agreement for the Work Project shall be adequate and sufficient for the proper construction of the Work Project and its intended purpose. (d) All drawings, specifications and other products shall be prepared so the Work Project, when constructed in accordance with such drawings and specifications, is in compliance with all applicable laws, statutes, codes, ordinances, rules and regulations and executive orders of the City, the state and the federal government. (e) Any design changes required by changes in such applicable laws, statutes, codes, ordinances or rules and regulations of the City, the state or the federal government, which are enacted after the City’s acceptance of Construction Documents, defined herein, will be outside the scope of the Design Consultant’s basic services and basic fee, and will be compensated for approval as an additional service, subject to the additional services budget for that Work Project. (f) The Design Consultant shall prepare the plans, specifications and other projects for each Task Order in a format that complies with all City requirements as well as all state and federal requirements for that Work Project. No funds will be paid to the Design Consultant for the preparation of Contract Documents in a form other than that considered usual and customary by DPR. It shall be the responsibility of the Design Consultant to contact the reviewing agencies and determine the acceptable format for the final documents. No documents will be considered final until approved by the City, even if any responsible federal and state agencies have approved such documents. (g) The City reserves the right to proceed with the construction of each project using either the City's standard general contractor bidding approach, on-call contractors or using construction management techniques. The Design Consultant agrees to organize its Contract Documents for either construction technique and to coordinate the construction documents into selected bid packages, as appropriate. The City will notify the Design Consultant prior to the completion of the Preliminary Design Phase which method will be used and the amount of work or the limits of construction to be included in the proposed bid package(s). (h) The reports, studies, drawings and specifications and other products prepared by the Design Consultant under this Agreement, when submitted by the Design Consultant to the Executive Director and the user agency for any identified phase of a project, must represent a thorough study and competent solution for the project as per usual and customary professional standards and shall reflect all architectural and engineering skills applicable to that phase of the project. (i) The responsibilities and obligations of the Design Consultant under this Agreement shall not be relieved or affected in any respect by the presence on the site of any agent, consultant or subconsultant, or an employee of the City. (j) The Design Consultant shall provide all professional services required by the City in defending all claims against the City which relate in any way to alleged default hereunder, errors or omissions of the Design Consultant or its subconsultants, without additional compensation.

Professional Responsibility; Project Requirements. (a) All of the Work work performed by the Design Consultant under this Agreement shall be performed in accordance with the standards of care, skill and diligence provided by competent professionals who perform work of a nature similar to the Work described in this Agreement. (b) The Design Consultant agrees to strictly conform to and be bound by written standards, criteria, budgetary considerations and memoranda of policy furnished to it by the City and further agrees to design each Work Project project in compliance with applicable laws, statuesstatutes, codes, ordinances, rules and regulations, and industry standards. (c) All professional services, plans and specifications and other work, or deliverables provided under this Agreement for the Work Project shall be adequate and sufficient for the proper construction of the Work Project and its intended purpose. (d) All drawings, specifications and other products shall be prepared so the Work Project, when constructed in accordance with such drawings and specifications, is in compliance with all applicable laws, statutes, codes, ordinances, rules and regulations and executive orders of the City, the state State and the federal Federal government. (e) Any design changes required by changes in such applicable laws, statutes, codes, ordinances or rules and regulations of the City, the state or the federal government, which are enacted after the City’s acceptance of Construction Documents, defined herein, will be outside the scope of the Design Consultant’s basic services and basic fee, and will be compensated for approval as an additional service, subject to the additional services budget for that Work Projectproject. (f) The Design Consultant shall prepare the plans, specifications and other projects for each Task Order project in a format that complies with all City requirements as well as all state and federal requirements for that Work Projectproject. No funds will be paid to the Design Consultant for the preparation of Contract Documents contract documents in a form other than that considered usual and customary by DPR. It shall be the responsibility of the Design Consultant to contact the reviewing agencies and determine the acceptable format for the final documents. No documents will be considered final until approved by the City, even if though any responsible federal and state agencies have approved such documents. (g) The City reserves the right to proceed with the construction of each project using either the City's standard general contractor bidding approach, on-on call contractors or using construction management techniques. The Design Consultant agrees to organize its Contract Documents for either construction technique and to coordinate the construction documents into selected bid packages, as appropriate. The City will notify the Design Consultant prior to the completion of the Preliminary Design Phase which method will be used and the amount of work or the limits of construction to be included in the proposed bid package(s). (h) The reports, studies, drawings and specifications and other products prepared by the Design Consultant under this Agreement, when submitted by the Design Consultant to the Executive Director and the user agency for any identified phase of a project, must represent a thorough study and competent solution for the project as per usual and customary professional standards and shall reflect all architectural and engineering skills applicable to that phase of the project. (i) The responsibilities and obligations of the Design Consultant under this Agreement shall not be relieved or affected in any respect by the presence on the site of any agent, consultant or subconsultant, or an employee of the City. (j) The Design Consultant shall provide all professional services required by the City in defending all claims against the City which relate in any way to alleged default hereunder, errors or omissions of the Design Consultant or its subconsultants, without additional compensation.

Professional Responsibility; Project Requirements. (a) All of the Work work performed by the Design Consultant under this Agreement shall be performed in accordance with the standards of care, skill and diligence provided by competent professionals who perform work of a nature similar to the Work described in this Agreement. (b) The Design Consultant agrees to strictly conform to and be bound by written standards, criteria, budgetary considerations and memoranda of policy furnished to it by the City and further agrees to design each Work Project project in compliance with applicable laws, statues, codes, ordinances, rules and regulations, and industry standards. (c) All professional services, plans and specifications and other work, or deliverables provided under this Agreement for the Work Project shall be adequate and sufficient for the proper construction of the Work Project and its intended purpose, in accordance with the standard of care described in section 2.02 (a). (d) All drawings, specifications and other products shall be prepared so the Work Project, when constructed in accordance with such drawings and specifications, is in compliance with all applicable laws, statutes, codes, ordinances, rules and regulations and executive orders of the City, the state and the federal government. (e) Any design changes required by changes in such applicable laws, statutes, codes, ordinances or rules and regulations of the City, the state or the federal government, which are enacted after the City’s acceptance of Construction Documents, defined herein, will be outside the scope of the Design Consultant’s basic services and basic fee, and will be compensated for approval as an additional a supplemental service, subject to the additional supplemental services budget for that Work Projectproject. (f) The Design Consultant shall prepare the plans, specifications and other projects for each Task Order in a format that complies with all City requirements as well as all state and federal requirements for that Work Projectproject. No funds will be paid to the Design Consultant for the preparation of Contract Documents in a form other than that considered usual and customary by DPR. It shall be the responsibility of the Design Consultant to contact the reviewing agencies and determine the acceptable format for the final documents. No documents will be considered final until approved by the City, even if any responsible federal and state agencies have approved such documents. (g) Without limiting the foregoing, unless it is specifically directed otherwise in writing by the Executive Director, the Design Consultant shall comply with DPR Standards for the final deliverable Record Documents. Final Payment will be held until the receipt of the Record Documents. (h) The City reserves the right to proceed with the construction of each project using either the City's standard general contractor bidding approach, on-call contractors or using construction management techniques. The Design Consultant agrees to organize its Contract Documents for either construction technique and to coordinate the construction documents into selected bid packages, as appropriate. The City will notify the Design Consultant prior to the completion of the Preliminary Schematic Design Phase which method will be used and the amount of work or the limits of construction to be included in the proposed bid package(s). (hi) The reports, studies, drawings and specifications and other products prepared by the Design Consultant under this Agreement, when submitted by the Design Consultant to the Executive Director and the user agency for any identified phase of a project, must represent a thorough study and competent solution for the project as per usual and customary professional standards and shall reflect all architectural and engineering skills applicable to that phase of the project. (ij) The responsibilities and obligations of the Design Consultant under this Agreement shall not be relieved or affected in any respect by the presence on the site of any agent, consultant or subconsultant, or an employee of the City. (jk) The Design Consultant shall provide all professional services required by the City in defending all claims against the City which relate in any way to alleged default hereunder, errors or omissions of the Design Consultant or its subconsultants, without additional compensation.

Professional Responsibility; Project Requirements. (a) All of the Work work performed by the Design Consultant under this Agreement shall be performed in accordance with the standards of care, skill and diligence provided by competent professionals who perform work of a nature similar to the Work described in this Agreement. (b) The Design Consultant agrees to strictly conform to and be bound by written standards, criteria, budgetary considerations and memoranda of policy furnished to it by the City and further agrees to design and engineer each Work Project project in compliance with applicable laws, statues, codes, ordinances, rules and regulations, and industry standards. (c) All professional services, plans and specifications and other work, or deliverables provided under this Agreement for the Work Project shall be adequate and sufficient for the proper construction of the Work Project and its their intended purpose. (d) All drawings, specifications and other products shall be prepared so that the Work Project, when constructed in accordance with such drawings and specifications, is in compliance with all applicable laws, statutes, codes, ordinances, rules and rules, regulations and executive orders of the City, the state and the federal government. (e) Any design changes required by changes in such applicable laws, statutes, codes, ordinances or rules and regulations of the City, the state or the federal government, which are enacted after the City’s acceptance of Construction Documents, defined herein, will be outside the scope of the Design Consultant’s basic services and basic fee, and will be compensated for approval as an additional service, subject to the additional services budget for that Work Projectproject. (f) The Design Consultant shall prepare the plans, specifications and other projects for each Task Order documents as requested in a format that complies with all City requirements as well as all City, state and federal requirements for that Work Project. No funds will be paid to the Design Consultant for the preparation of Contract Documents in a form other than that considered usual and customary by DPRrequirements. It shall be the Consultant’s responsibility of the Design Consultant to contact the reviewing agencies and to determine the acceptable format for the final documents. No documents will be considered final until approved by the City, even if though any responsible federal and state agencies have approved such documents. (g) Without limiting the foregoing, unless it is specifically directed otherwise in writing, the Consultant shall produce plans and Record Documents using AutoCAD and comply with applicable CAD Standards. An electronic copy of all final project documents, filed using CPM standard directory structure, shall be delivered to the Project Manager on completion of the Work. Final payment will be held until the receipt of the Record Documents and electronic documents. The City reserves the right to proceed with the construction of each project using either the City's standard general contractor bidding approach, on-on call contractors or using other construction management techniques. The Design Consultant agrees to organize its Contract Documents for either the selected construction technique and to coordinate the construction documents into selected bid packages, as appropriate. The City will notify the Design Consultant prior to the completion of the Preliminary Design Phase which method will be used and the amount of work or the limits of construction to be included in the proposed bid package(s). (h) The reports, studies, drawings and specifications and other products prepared by the Design Consultant under this Agreement, when submitted by the Design Consultant to the Executive Director and the user agency for any identified phase of a project, must represent a thorough study and competent solution for the project as per usual and customary professional standards and shall reflect all architectural and engineering skills applicable to that phase of the projectassigned task. (i) The responsibilities and obligations of the Design Consultant under this Agreement shall not be relieved or affected in any respect by the presence on the site of any employee, agent, consultant or subconsultant, or an employee subconsultant of the City. (j) The Design Consultant shall provide all professional services required by the City in defending all claims against the City City, which relate in any way to alleged default hereunder, errors or omissions of the Design Consultant or its subconsultants, without additional compensation.