Common use of Delegated Design Clause in Contracts

Delegated Design. The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required to be provided by the Contractor by the Contract Documents, the Architect/Engineer will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a design professional, properly licensed in New Jersey, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional and otherwise in compliance with all requirements therefor as established in the Contract Documents. Shop Drawings and other submittals related to the Work designed or certified by such design professional shall bear such design professional’s written approval when submitted to the Architect/Engineer. Princeton University and the Architect/Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by such design professional, provided the Architect/Engineer has specified to the Contractor all performance and design criteria that such services must satisfy. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents by the Architect/Engineer. Pursuant to this Clause F1(d), the Architect/Engineer will review, approve, or take other appropriate action on Shop Drawings and submittals only for the limited purpose of checking for conformance with the information given and the design concept expressed in the Contract Documents, and any approvals by the Architect/Engineer or Princeton University (if relevant) shall not relieve the Contractor from its responsibility for any errors or omissions, or from responsibility for complying with the requirements of this Contract, including all Contract Documents. (a) During the construction phase, the Architect/Engineer may, when authorized by Princeton University, revise the issued- for-construction Drawings and issue revised Drawings to the Contractor. For plans, and other drawings wherever possible, these revisions will be made to the electronic files with paper copies issued to the Contractor. When field conditions that were not accommodated for during construction coordination cause the Contractor’s installation to deviate from the Drawings or the approved Shop Drawings, the Contractor is responsible to edit and maintain as-built drawings based on, and in the same native format as, the approved Shop Drawing files (i.e., .dwg, .RVT). The Contractor as-built drawings shall be maintained regularly, weekly at a minimum, to reflect the precise routing of installed Work. Failure by the Contractor to comply with the foregoing shall constitute cause for denial of applicable progress payment. (b) The Contractor shall maintain throughout construction, on-site and/or via CPMS, accurately updated as-built drawings. The Contractor will submit, as a prerequisite for obtaining Substantial Completion, the final as-built drawing files in electronic and paper copy. The Architect/Engineer will review these documents for accuracy prior to submission to Princeton University.