R2018-21 Authorizing Professional Services Agreement with Dewberry ARchitects for New Fire Station No. 5

Home Browse Search

I agreement shall not require the Contractor to indemnify the Owner,Architect,their consultants,agents or employees against their own negligence 12.9 INDEMNITY FOR DEVIATIONS 12.9.1 The Owner may choose to disregard the advice of the Architect or may otherwise choose to deviate during construction from the construction documents prepared by the Architect. Therefore,Owner hereby indemnifies and holds harmless the Architect,its agents,employees and consultants from and against all claims,damages,losses and expenses,including but not limited to attorneys'fees and economic damages,arising out of,in connection with,or resulting from the performance(or failure to perform)of any aspect of construction of the Project,where the Owner has knowingly authorized or permitted a deviation from any document prepared by the Architect which,over Architect's objection,has not been corrected or where the Owner has elected not to follow any written recommendation of the Architect. In the event that Architect or any other party indemnified hereunder is required to bring an action to enforce the provisions of this indemnity,the indemnifying party shall pay the attorneys'fees and costs incurred by the indemnified party in bringing this action. 12.10 CREDIT AND PUBLICITY 12.10.1 Owner agrees,and will obtain a similar agreement from the Contractor,to the effect that the Architect will be properly identified and will be given appropriate credit on all signs,press releases and other forms of publicity for the Project. Owner will permit Architect to photograph and make other reasonable use of the Project for promotional purposes. 12.11 JOB SITE SAFETY 12.11.1 It is intended that the Architect shall have no responsibility for job site safety on the Project. Contractor shall have full and sole authority for all safety programs and precautions in connection with the Work. When Architect is present at the site,such presence shall be only for the purpose of endeavoring to protect the Owner against any deviations or defects in the completed construction work,and Architect shall have no authority to take any action whatsoever on the site regarding safety precautions or procedures. Specifically,Owner and Architect acknowledge the following: .1 The Architect shall not supervise or control the Work. .2 The Architect does not retain the right to supervise or control the Work. ' .3 The Architect shall not regularly or constantly participate in the ongoing activities at the construction site. .4 The Architect shall not supervise or coordinate the Subcontractors. .5 The Architect shall not have authority or take responsibility for safety precautions at the jobsite. .b The Architect shall not have authority to issue change orders except at the explicit direction of the Owner. .7 The Architect shall not have the right to stop the Work. .S The Architect shall not own any construction equipment at the jobsite. I .9 The Architect is not familiar with construction customs and practices with regard to jobsite safety or means, methods and procedures of performing the Work. I .10 The Architect is not in a position to assure worker safety or to alleviate equipment deficiencies or improper work habits. I AIA Document 8101'"—2007(formerly 8161"'—1997).Copyright®1974,1978 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 21 this AIAT Document,or any portion of it,may result In severe civil and criminal penalties.and will be prosecuted to the maximum extent possible f under the law.This document was produced by AIA software at 17:03:54 on 01/31/2018 under Order No.4966021632 which expires x1 0411 11201 8,and Is not for resale User Notes: (389ADA17)