Agenda - 10-07-2008 - 4i - Laserfiche WebLink

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Iq ARTICLE 12 OF Al[A B151 The provisions of this Article 12.0 take precedence over airy provision of the printed Form B151 (1997 Edition} which is in Eontlict with this Article. 12.1 LIMITED LIABILITY ENTITY The Owner acloxowledges that the Architect and ifs consultants are limited liability entities and agree ti,at any claim made by it arising oat of any act or omission of any director, officer, or employee of the Architect, or its consultans, in the execution or perl~armapce of this Agreement, shall be made against the entity and not against any of their individual' directors, off cers, or employees. 12.2 LIMITATION OR LIABII,TI`Y Owner and persons claiming through the Owner agree to limit the liability of the Architect, its agents, consultants,. and employees for all claims arising out ofi in connection wig, or resulting from the performance of services under this Agreement to one million dollars ($1,000,000.00). 123 STANDARD OF CARE/DISCLA~R OF WARRANTIES Nothing contained in this Agreement shall regaire ti-e Arohitect to exercise professional skill and judgment greater than that which can be reasonably expected from other architects performing similar services fio those required hereunder. Architect makes no other warranties, express or implied. This Iimitatian shall not be modified by any certification or represenEa#ion made by Architect as as accommodation upon request of Owner. The parties acknowledge that notwithstandingthe exercise of due care and skill, no set of plans and specifications is entu ely free of est+ors and omissions and that the existence of an error or omission does not sutamatieally constitute a breach of the standard of care. Accordingly, if, as a resalt of any negligent acts, errors and omissions, the Owner incurs an accumulation of excess casts over two percent {2%) of the actual project construction cost, not including any improvement casts or betterment costs, the Architect shall bear the burden of such accumuhation of excess costs over the two percent (2%). The Architect shall have no liability for any such access costs which are less than two percent (2°~) of the actual project construction cast. i2.4 SCHEDULE OF SERVICES 12.4. i Design and Contract Administration Services beyond the following limits shah be provided by the Architect as a Change in Services in accordance with Section 3.3.1: .1 up to () reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .Z up W { }visits to the site by the Architect over the duration of the Project during constntction. .3 up to { )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contact DocomenRs. .4 up to ( }inspections for any portion of the Work to determine final completion. 12.4.2 The following Design and Caniract Administration Services shall be provided by the Architect es a Change in Services in accordance with Section 3.3.1: Page 1 of 2