R2010-223 AUTHORIZING AGREEMENT MASSIE MASSIE & ASSOCIATES, INC.

Home Browse Search

, _ �� toxic material be found or suspected, MMA may If CLIENT desires more extensive project without liability for consequential or other observationorfull-timeprojectrepresentation,the damages, suspend performance of its services Client shall request such additional services by until the CLIENT retains qualified persons to MMA as a Modification to Agreement. identify and abate or remove the materials and MMA shall not supervise,direct or have warrant that the site is in compliance with control over the Contractor's work nor have any applicable laws and regulations. Client agrees to responsibility for the means,methods,techniques, indemnify MMA,its officers,partners,employees sequences or procedures selected or for safety and subconsultants from all claims, suits, precautions or programs implemented by the demands,liabilities,and costs including attorney's Contractor. These are the Contractor's sole fees related to hazardous or toxic materials. responsibility. MMA shall not be responsible for any 18 DELIVERY OF ELECTRONIC acts or omissions of the Contractor, any FILES subcontractor,any entity performing any portions of the Work,or their agents or employees. MMA Electronic files furnished by either party does not guarantee the performance of the shall be subject to an acceptance period of thirty Contractor and shall not be responsible for the (30) days during which any apparent Contractor's failure to perform its Work in discrepancies will be identified and corrected. In accordance with the Contract Documents or any the event of conflict between the signed applicable laws,codes,rules or regulations. construction documents prepared by MMA and electronic files, the signed or sealed hard-copy 21 JOBSITE SAFETY construction documents shall govern. The General Contractor is solely 19 OWNERSHIP OF INSTRUMENTS responsibility for Jobsite and Worker Safety OF SERVICE including safety related to construction means, methods, sequence, techniques and health and All documents including drawings, safety,and for precautions required by regulatory reports, specifications including documents agencies, all in accordance with the Contract provided by electronic media furnished by MMA Documents. Professional services and activities pursuant to this agreement are instruments of its impose no duty on MMA for Jobsite Safety. services. MMA shall retain all common law, CLIENT agrees that the CLIENT,MMA statutory and other reserved rights including the and MMA's subconsultants shall be made copyright thereto. Instruments of service are not additional insured under the General Contractor's intended for reuse by CLIENT or others on policies of general liability insurance. extensions of this project or any other project. Any reuse without specific written verification or 22 SHOP DRAWING REVIEW adaption by MMA will be at the CLIENTs sole risk, and without liability to MMA. CLIENT MMA shall review and approve or take shall indemnify and hold harmless MMA from all other appropriate action on Contractor submittals claims, damages, losses and expenses including related to landscape architecture services provided court costs and attorney's fees arising out of or such as shop drawings,product data and samples resulting therefrom. This indemnification shall for the limited purpose of checking for survive the termination of this Agreement. conformance with design concept and Construction Documents. Review shall not be for 20 CONSTRUCTION OBSERVATION accuracy or completeness of details such as quantities, dimensions, fabrication processes, MMA shall visit the site as related to construction means or methods,coordination with landscape architecture services provided at other trades or construction safety precautions intervals appropriate to the stage of construction, which are the sole responsibility of the or as outlined in the Scope of Services to observe Contractor. Reviews shall be conducted promptly the progress and quality of Contractor's work. but allow sufficient time for adequate review. Such visits and observation are not intended to be MMA will not be held responsible for deviations exhaustive checks or detailed inspections of the from the Construction Documents not brought to work, rather to allow MMA to become generally the attention of MMA in writing by the familiar with the Work in progress and to Contractor. determine,in general,if the work is proceeding in accordance with the Contract Documents. MMA 23 ENTIRE AGREEMENT AND shall keep the CLIENT informed about the SEVERABILITY progress of the Work and shall advise the CLIENT about observed deficiencies in the Work. This Agreement is the entire and 3