- DESIGN PROFESSIONAL’S RESPONSIBILITY. 1.1 DESIGN PROFESSIONAL shall provide to OWNER professional architectural and/or engineering services in all phases of the Project to which this Agreement applies. All design services to be provided by DESIGN PROFESSIONAL pursuant to this Agreement shall be in conformance with the Scope of Services described in Schedule A. Any deviation from the Scope of Services must be brought to OWNER’S attention in writing by DESIGN PROFESSIONAL and all such deviations must be expressly approved by OWNER in writing. 1.2 The Basic Services to be performed by DESIGN PROFESSIONAL hereunder are set forth in the Scope of Services described in detail in Schedule A and include such other services as are normally and generally provided as a part of such Basic Services, even if not specifically identified in attached Schedule A. The total compensation to be paid DESIGN PROFESSIONAL by OWNER for all Basic Services is set forth in Article 5 and Schedule B. 1.3 DESIGN PROFESSIONAL agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Orange County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by DESIGN PROFESSIONAL pursuant to this Agreement 1.4 DESIGN PROFESSIONAL agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5 DESIGN PROFESSIONAL has employed and hereby designates to serve as DESIGN PROFESSIONAL’S representative (hereinafter referred to as the “Representative”). The Representative is authorized and responsible to act on behalf of DESIGN PROFESSIONAL with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. By execution of this Agreement, DESIGN PROFESSIONAL acknowledges that the Representative has full authority to bind and obligate DESIGN PROFESSIONAL on all matters arising out of or relating to this Agreement. DESIGN PROFESSIONAL agrees that the Representative shall devote whatever time is required to satisfactorily manage the services to be provided and performed by DESIGN PROFESSIONAL hereunder. Further, DESIGN PROFESSIONAL agrees that the Representative identified above shall not be removed by DESIGN PROFESSIONAL from the Project without OWNER’S prior approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 DESIGN PROFESSIONAL agrees that its senior staff, subconsultants and subcontractors who will perform any services for the Project are subject to OWNER’S reasonable approval. Attached hereto as Schedule H is a listing of DESIGN PROFESSIONAL’S senior staff who have been assigned to the Project, as well as the subconsultants and subcontractors who will be used by DESIGN PROFESSIONAL on the Project. None of the senior staff, subconsultants and subcontractors identified in Schedule H shall be removed by DESIGN PROFESSIONAL from the Project without OWNER’S prior written approval (such approval not to be unreasonably withheld), and if so removed shall be immediately replaced with a person or firm reasonably acceptable to OWNER. DESIGN PROFESSIONAL further agrees, within fourteen (14) calendar days of receipt of a written request from OWNER, to promptly remove and replace the Representative, or any other personnel employed or retained by DESIGN PROFESSIONAL, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by DESIGN PROFESSIONAL to provide and perform services or work pursuant to the requirements of this Agreement, whom OWNER shall request in writing to be removed, which request may be made by OWNER with or without cause. 1.7 DESIGN PROFESSIONAL represents to OWNER that it has expertise in the type of professional architectural and/or engineering services that will be required for the Project. Drawings shall be prepared in electronic AutoCAD format and the Project Manual shall be prepared as an electronic Word document per OWNER'S standards found in the Design Criteria (Division 00-49) (“Guidelines”) and the Facilities Services Process and Procedures Manual ("PPM")). By execution of this Agreement, DESIGN PROFESSIONAL acknowledges it has received the most recent version of the Guidelines and the PPM as of the date of this Agreement and will follow, observe and design in accordance with the standards, requirements and conventions set forth therein. DESIGN PROFESSIONAL agrees that all Services to be provided by DESIGN PROFESSIONAL pursuant to this Agreement shall be subject to OWNER’S reasonable review and approval and shall be in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations (including utility regulations), local and state fire marshal requirements and the Florida Building Code, as well as the requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by DESIGN PROFESSIONAL hereunder. In the event of any conflicts in these requirements, DESIGN PROFESSIONAL shall promptly notify OWNER of such conflict in writing and utilize its best professional judgment to resolve the conflict. OWNER’S approval of the design documents in no way relieves DESIGN PROFESSIONAL of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.8 DESIGN PROFESSIONAL agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER’S prior written consent, or unless incident to the proper performance of DESIGN PROFESSIONAL’S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by DESIGN PROFESSIONAL hereunder, and DESIGN PROFESSIONAL shall require all of its employees, agents, sub-consultants and subcontractors to comply with the provisions of this paragraph. 1.9 DESIGN PROFESSIONAL acknowledges that OWNER may be contracting with a construction manager or contractor who, if retained, shall be responsible for the construction of the Project hereinafter referred to as “CONSTRUCTION
Appears in 2 contracts
Samples: Design Professional Services Agreement, Design Professional Services Agreement
- DESIGN PROFESSIONAL’S RESPONSIBILITY. 1.1 DESIGN PROFESSIONAL shall provide to OWNER professional architectural and/or engineering services in all phases of the Project to which this Agreement applies. All design services to be provided by DESIGN PROFESSIONAL pursuant to this Agreement shall be in conformance with the Scope of Services described in Schedule A. Any deviation from the Scope of Services must be promptly brought to OWNER’S attention in writing by DESIGN PROFESSIONAL and all such deviations must be expressly approved by OWNER in writing.
1.2 The Basic Services to be performed by DESIGN PROFESSIONAL hereunder are set forth in the Scope of Services described in detail in Schedule A and include such other services as are normally and generally provided as a part of such Basic Services, even if not specifically identified in attached Schedule A. The total compensation to be paid DESIGN PROFESSIONAL by OWNER for all Basic Services is set forth in Article 5 and Schedule B.
1.3 DESIGN PROFESSIONAL agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Orange County, Florida, including, but not limited to, including all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by DESIGN PROFESSIONAL pursuant to this Agreement
1.4 DESIGN PROFESSIONAL agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services.
1.5 DESIGN PROFESSIONAL has employed and hereby designates to serve as DESIGN PROFESSIONAL’S representative (hereinafter referred to as the “Representative”). The Representative is authorized and responsible to act on behalf of DESIGN PROFESSIONAL with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. By execution of this Agreement, DESIGN PROFESSIONAL acknowledges that the Representative has full authority to bind and obligate DESIGN PROFESSIONAL on all matters arising out of or relating to this Agreement. DESIGN PROFESSIONAL agrees that the Representative shall devote whatever time is required to satisfactorily manage the services to be provided and performed by DESIGN PROFESSIONAL hereunder. Further, DESIGN PROFESSIONAL agrees that the Representative identified above shall not be removed by DESIGN PROFESSIONAL from the Project without OWNER’S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER.
1.6 DESIGN PROFESSIONAL agrees that its senior staff, subconsultants staff and subcontractors its Consultants (defined below) who will perform any services for the Project are subject to OWNER’S reasonable approval. Attached hereto as Schedule H is a listing of DESIGN PROFESSIONAL’S ’s senior staff who have been assigned to the Project, as well as the subconsultants and subcontractors Consultants who will be used by DESIGN PROFESSIONAL on the Project. None of the senior staff, subconsultants and subcontractors staff or Consultants identified in Schedule H shall be removed by DESIGN PROFESSIONAL from the Project without OWNER’S prior written approval (such approval not to be unreasonably withheld), and if so removed shall be immediately replaced with a person or firm reasonably acceptable to OWNER. DESIGN PROFESSIONAL further agrees, within fourteen (14) calendar days of receipt of a written request from OWNER, to promptly remove and replace the Representative, or any other personnel employed or retained by DESIGN PROFESSIONAL, or any subconsultants or subcontractors Consultants or any personnel of any such subconsultants or subcontractors Consultants engaged by DESIGN PROFESSIONAL to provide and perform services or work pursuant to the requirements of this Agreement, whom OWNER shall request in writing to be removed, which request may be made by OWNER with or without cause. DESIGN PROFESSIONAL shall be responsible to OWNER for the acts and omissions of DESIGN PROFESSIONAL’s employees and Consultants arising out of or resulting from the performance of the services hereunder which do not conform to DESIGN PROFESSIONAL’s standard of care, would constitute a breach of this Agreement if the act or omission were committed by DESIGN PROFESSIONAL or are otherwise wrongful or unlawful.
1.7 DESIGN PROFESSIONAL represents to OWNER that it has expertise in the type of professional architectural and/or engineering services that will be required for the Project. Drawings shall be prepared in electronic AutoCAD format and the Project Manual shall be prepared as an electronic Word document per OWNER'S standards found in the OWNER Design Criteria (Division 00-49) (“Guidelines”) and the Facilities Services Process and Procedures Manual ("PPM"))Guidelines Index, which DESIGN PROFESSIONAL acknowledges that it has reviewed prior to entering into this Agreement. By execution of this Agreement, DESIGN PROFESSIONAL acknowledges it has received and reviewed the most recent version of the Guidelines and the PPM as of the date of this Agreement and will OWNER’S Design Guidelines. DESIGN PROFESSIONAL agrees to follow, observe and design in accordance with the standards, requirements and conventions set forth thereinin the Guidelines. DESIGN PROFESSIONAL further agrees that all Services services to be provided by DESIGN PROFESSIONAL pursuant to this Agreement shall be subject to OWNER’S reasonable review and approval and shall be in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations (including utility regulations), local and state fire marshal requirements and the Florida Building Code, as well as the requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by DESIGN PROFESSIONAL hereunder. Upon Architectural Notice to Proceed, DESIGN PROFESSIONAL further agrees to attend the first available training session provided by Orange County Public Schools, Building Code Compliance Office at no cost. In the event of any conflicts in these requirements, DESIGN PROFESSIONAL shall promptly notify OWNER of such conflict in writing and utilize its best professional judgment to resolve the conflict. Nothing in this Agreement shall be construed to eliminate DESIGN PROFESSIONAL’s responsibility for compliance of its design, its documents and its services with applicable local, state and federal statutes and regulations and applicable professional practice standards. OWNER’S approval of the design documents in no way relieves DESIGN PROFESSIONAL of its obligation to deliver complete and accurate documents necessary for successful construction of the Project.
1.8 DESIGN PROFESSIONAL agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER’S prior written consent, or unless incident to the proper performance of DESIGN PROFESSIONAL’S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by DESIGN PROFESSIONAL hereunder, and DESIGN PROFESSIONAL shall require all of its employees, agents, sub-consultants and subcontractors Consultants to comply with the provisions of this paragraph.
1.9 DESIGN PROFESSIONAL acknowledges that OWNER may will be contracting with a construction manager or contractor who, if retained, shall be responsible for the construction of the Project Project, hereinafter referred to as “CONSTRUCTIONCONSTRUCTION CONTRACTOR.” DESIGN PROFESSIONAL agrees to cooperate with CONSTRUCTION CONTRACTOR with respect to CONSTRUCTION CONTRACTOR’S delivery of services to OWNER. OWNER may elect to contract with CONSTRUCTION CONTRACTOR during the design phase of the Project. If CONSTRUCTION CONTRACTOR is retained during the design phase, DESIGN PROFESSIONAL agrees to incorporate, whenever practicable and consistent with good design, and after OWNER’S written approval, all suggestions or recommendations timely made by CONSTRUCTION CONTRACTOR with respect to the Project design.
1.10 In addition to any other presentation or meeting requirements placed upon DESIGN PROFESSIONAL elsewhere in this Agreement, DESIGN PROFESSIONAL shall provide the following services with respect to presentations, meetings and technical liaisons as part of its Basic Services and at no additional cost to OWNER:
1.10.1 DESIGN PROFESSIONAL shall manage DESIGN PROFESSIONAL’s services, consult with OWNER, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to OWNER.
1.10.2 DESIGN PROFESSIONAL shall coordinate DESIGN PROFESSIONAL’s duties and responsibilities set forth in OWNER’s contract with CONSTRUCTION CONTRACTOR with DESIGN PROFESSIONAL’s services set forth in this Agreement and, further, shall coordinate its services with those services provided by OWNER and OWNER’s consultants and contractors.
1.10.3 Prior to the commencement of design activities, OWNER and DESIGN PROFESSIONAL shall conduct a pre-design conference for the purpose of discussing issues relative to the Project, plans preparation and submittal procedures and to convey to DESIGN PROFESSIONAL such items to be provided by OWNER as may be available at that time.
1.10.4 DESIGN PROFESSIONAL shall make presentations to OWNER at any point in the Project development if issues should arise which make additional presentations, other than those listed elsewhere in this Agreement, necessary in OWNER’S best interest.
1.10.5 DESIGN PROFESSIONAL shall submit to OWNER, not later than the tenth (10th) day of each month, a progress report. The progress report shall reflect Project design and construction status, conditions of the Project and in particular, any deviations from schedule or requirements and reasons therefor, if any, plus a recommendation for obtaining satisfactory progress and construction.
1.10.6 DESIGN PROFESSIONAL shall participate in regular Project Conferences with OWNER’S staff as noted in Schedule A. These meetings shall be scheduled by OWNER at a location in Orange County, Florida, to be designated by OWNER.
1.10.7 DESIGN PROFESSIONAL shall attend, as technical advisor to or agent of OWNER, as directed by OWNER, all meetings or hearings conducted by permitting agencies or public bodies in connection with any permit required for the construction of the Project.
1.10.8 DESIGN PROFESSIONAL shall keep accurate minutes of all meetings and distribute copies to all attending. All meetings shall be coordinated with OWNER’S staff. Meeting minutes shall be distributed within four
Appears in 2 contracts
Samples: Design Professional Services Agreement, Design Professional Services Agreement
- DESIGN PROFESSIONAL’S RESPONSIBILITY. 1.1 DESIGN PROFESSIONAL shall provide to OWNER professional architectural and/or engineering services in all phases of the Project to which this Agreement applies. All design services to be provided by DESIGN PROFESSIONAL pursuant to this Agreement shall be in conformance with the Scope of Services described in Schedule A. Any deviation from the Scope of Services must be brought to OWNER’S attention in writing 1 (PS) by DESIGN PROFESSIONAL and all such deviations must be expressly approved by OWNER in writing.
1.2 The Basic Services to be performed by DESIGN PROFESSIONAL hereunder are set forth in the Scope of Services described in detail in Schedule A and include such other services as are normally and generally provided as a part of such Basic Services, even if not specifically identified in attached Schedule A. The total compensation to be paid DESIGN PROFESSIONAL by OWNER for all Basic Services is set forth in Article 5 and Schedule B.
1.3 DESIGN PROFESSIONAL agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Orange County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by DESIGN PROFESSIONAL pursuant to this Agreement
1.4 DESIGN PROFESSIONAL agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services.
1.5 DESIGN PROFESSIONAL has employed and hereby designates to serve as DESIGN PROFESSIONAL’S representative (hereinafter referred to as the “Representative”). The Representative is authorized and responsible to act on behalf of DESIGN PROFESSIONAL with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. By execution of this Agreement, DESIGN PROFESSIONAL acknowledges that the Representative has full authority to bind and obligate DESIGN PROFESSIONAL on all matters arising out of or relating to this Agreement. DESIGN PROFESSIONAL agrees that the Representative shall devote whatever time is required to satisfactorily manage the services to be provided and performed by DESIGN PROFESSIONAL hereunder. Further, DESIGN PROFESSIONAL agrees that the Representative identified above shall not be removed by DESIGN PROFESSIONAL from the Project without OWNER’S prior approval, and if so removed must be immediately replaced with a person acceptable to OWNER.
1.6 DESIGN PROFESSIONAL agrees that its senior staff, subconsultants and subcontractors who will perform any services for the Project are subject to OWNER’S reasonable approval. Attached hereto as Schedule H is a listing of DESIGN PROFESSIONAL’S senior staff who have been assigned to the Project, as well as the subconsultants and subcontractors who will be used by DESIGN PROFESSIONAL on the Project. None of the senior staff, subconsultants and subcontractors identified in Schedule H shall be removed by DESIGN PROFESSIONAL from the Project without OWNER’S prior written approval (such approval not to be unreasonably withheld), and if so removed shall be immediately replaced with a person or firm reasonably acceptable to OWNER. DESIGN PROFESSIONAL further agrees, within fourteen (14) calendar days of receipt of a written request from OWNER, to promptly remove and replace the Representative, or any other personnel employed or retained by DESIGN PROFESSIONAL, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by DESIGN PROFESSIONAL to provide and perform services or work pursuant to the requirements of this Agreement, whom OWNER shall request in writing to be removed, which request may be made by OWNER with or without cause.
1.7 DESIGN PROFESSIONAL represents to OWNER that it has expertise in the type of professional architectural and/or engineering services that will be required for the Project. Drawings shall be prepared in electronic AutoCAD format and the Project Manual shall be prepared as an electronic Word document per OWNER'S standards found in the Design Criteria (Division 00-49) (“Guidelines”) and the Facilities Services Process and Procedures Manual ("PPM")). By execution of this Agreement, DESIGN PROFESSIONAL acknowledges it has received the most recent version of the Guidelines and the PPM as of the date of this Agreement and will follow, observe and design in accordance with the standards, requirements and conventions set forth therein. DESIGN PROFESSIONAL agrees that all Services to be provided by DESIGN PROFESSIONAL pursuant to this Agreement shall be subject to OWNER’S reasonable review and approval and shall be in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations (including utility regulations), local and state fire marshal requirements and the Florida Building Code, as well as the requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by DESIGN PROFESSIONAL hereunder. In the event of any conflicts in these requirements, DESIGN PROFESSIONAL shall promptly notify OWNER of such conflict in writing and utilize its best professional judgment to resolve the conflict. OWNER’S approval of the design documents in no way relieves DESIGN PROFESSIONAL of its obligation to deliver complete and accurate documents necessary for successful construction of the Project.
1.8 DESIGN PROFESSIONAL agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER’S prior written consent, or unless incident to the proper performance of DESIGN PROFESSIONAL’S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by DESIGN PROFESSIONAL hereunder, and DESIGN PROFESSIONAL shall require all of its employees, agents, sub-consultants and subcontractors to comply with the provisions of this paragraph.
1.9 DESIGN PROFESSIONAL acknowledges that OWNER may be contracting with a construction manager or contractor who, if retained, shall be responsible for the construction of the Project hereinafter referred to as “CONSTRUCTION
Appears in 1 contract
- DESIGN PROFESSIONAL’S RESPONSIBILITY. 1.1 DESIGN PROFESSIONAL shall provide to OWNER professional architectural and/or engineering services in all phases of the Project to which this Agreement applies. All design services to be provided by DESIGN PROFESSIONAL pursuant to this Agreement shall be in conformance with the Scope of Services described in Schedule A. A (“Scope of Services”). Any deviation from the Scope of Services must be promptly brought to OWNER’S ’s attention in writing by DESIGN PROFESSIONAL and all such deviations must be expressly approved by OWNER in advance in writing. The Basic Services (as defined in Section 1.2) and any authorized Additional Services (as determined in accordance with Article 2) required of DESIGN PROFESSIONAL are referred to collectively at times as “Services.”
1.2 The Basic Services basic services to be performed by DESIGN PROFESSIONAL hereunder are set forth in the Scope of Services described in detail in Schedule A and include such other and further services as are normally and generally customarily provided by a design professional in the ordinary course of business as a part of such Basic Servicesbasic services, even if not specifically identified in attached Schedule A. the Scope of Services (collectively, the “Basic Services”). The total compensation to be paid DESIGN PROFESSIONAL by OWNER for all Basic Services is set forth in Article 5 and Schedule B.
1.3 DESIGN PROFESSIONAL agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Orange County, Florida, including, but not limited to, including all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by DESIGN PROFESSIONAL pursuant to this Agreement.
1.4 DESIGN PROFESSIONAL agrees that, when the services Services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such servicesServices, it shall employ and/or retain only qualified personnel to provide such servicesServices.
1.5 DESIGN PROFESSIONAL has employed and hereby designates to serve as DESIGN PROFESSIONAL’S ’s representative (hereinafter referred to as the “Representative”). The Representative is authorized and responsible to act on behalf of DESIGN PROFESSIONAL with respect to directing, coordinating and administering all aspects of the services Services to be provided and performed under this Agreement. By execution of this Agreement, DESIGN PROFESSIONAL acknowledges that the Representative has full authority to bind and obligate DESIGN PROFESSIONAL on all matters arising out of or relating to this Agreement. DESIGN PROFESSIONAL agrees that the Representative shall devote whatever time is required to satisfactorily manage the services Services to be provided and performed by DESIGN PROFESSIONAL hereunder. Further, DESIGN PROFESSIONAL agrees that the Representative identified above shall not be removed by DESIGN PROFESSIONAL from the Project without OWNER’S ’s prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER.
1.6 DESIGN PROFESSIONAL agrees that its senior staff, subconsultants staff and subcontractors its Consultants (defined below) who will perform any services Services for the Project are subject to OWNER’S ’s reasonable approval. Attached hereto as Schedule H G is a listing of DESIGN PROFESSIONAL’S ’s senior staff who have been assigned to the Project, as well as the subconsultants and subcontractors Consultants who will be used by DESIGN PROFESSIONAL on the Project. None of the senior staff, subconsultants and subcontractors staff or Consultants identified in Schedule H G shall be removed by DESIGN PROFESSIONAL from the Project without OWNER’S ’s prior written approval (such approval not to be unreasonably withheld), and if so removed shall be immediately replaced with a person or firm reasonably acceptable to OWNER. DESIGN PROFESSIONAL further agrees, within fourteen (14) calendar days of receipt of a written request from OWNER, to promptly remove and replace the Representative, or any other personnel employed or retained by DESIGN PROFESSIONAL, or any subconsultants or subcontractors Consultants or any personnel of any such subconsultants or subcontractors Consultants engaged by DESIGN PROFESSIONAL to provide and perform services Services or work pursuant to the requirements of this Agreement, whom OWNER shall request in writing to be removed, which request may be made by OWNER with or without cause. DESIGN PROFESSIONAL shall be responsible to OWNER for the acts and omissions of DESIGN PROFESSIONAL’s employees and Consultants arising out of or resulting from the performance of the Services hereunder which do not conform to DESIGN PROFESSIONAL’s standard of care, would constitute a breach of this Agreement if the act or omission were committed by DESIGN PROFESSIONAL or are otherwise wrongful or unlawful.
1.7 DESIGN PROFESSIONAL represents to OWNER that it has expertise in the type of professional architectural and/or engineering services that will be required for the Project. Drawings shall be prepared in electronic AutoCAD format and/or Revit, as determined by OWNER, and the Project Manual Manual, as defined in the Owner’s Design Guidelines, dated , 20 , as may be amended from time to time (or later version in effect at time of execution of this Agreement or any amendment hereto) (“Design Guidelines”), shall be prepared as an electronic Word document per in accordance with OWNER'S ’s standards found set forth in the Design Criteria (Division 00-49) (“Guidelines”) and the Facilities Services Process and Procedures Manual ("PPM")). By execution of this Agreement, DESIGN PROFESSIONAL acknowledges it has received and reviewed the most recent version of the Guidelines and the PPM as of the date of this Agreement and will OWNER’s Design Guidelines. DESIGN PROFESSIONAL agrees to follow, observe and design in accordance with the standards, requirements and conventions set forth thereinin the Design Guidelines. DESIGN PROFESSIONAL further agrees that all Services to be provided by DESIGN PROFESSIONAL pursuant to this Agreement shall be subject to OWNER’S ’s reasonable review and approval and shall be in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations (including utility regulations), local and state fire marshal requirements and the Florida Building Code, as well as the requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services Services to be provided and performed by DESIGN PROFESSIONAL, specifically including, without limitation, the Florida Department of Education State Requirements for Educational Facilities 2014 (or later version in effect at time of execution of this Agreement or any amendment hereto) (the “SREF”). Upon Architectural Notice to Proceed, DESIGN PROFESSIONAL hereunderfurther agrees to attend the first available training session provided by Orange County Public Schools, Building Code Compliance Office at no cost. In the event of any conflicts in these requirements, DESIGN PROFESSIONAL shall promptly notify OWNER of such conflict in writing and utilize its best professional judgment to resolve the conflict. Nothing in this Agreement shall be construed to eliminate DESIGN PROFESSIONAL’s responsibility for compliance of its design, its documents and its Services with applicable local, state and federal statutes and regulations and applicable professional practice standards. OWNER’S ’s approval of the design documents in no way relieves DESIGN PROFESSIONAL of its obligation to deliver complete and accurate documents necessary for successful construction of the Project.
1.8 DESIGN PROFESSIONAL agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER’S ’s prior written consent, or unless incident to the proper performance of DESIGN PROFESSIONAL’S ’s obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services Services to be rendered by DESIGN PROFESSIONAL hereunder. “Non-public information” shall mean any information or records that Chapter 119, and Florida Statutes, exempts Owner from disclosing. DESIGN PROFESSIONAL shall require all of its employees, agents, sub-consultants and subcontractors Consultants to comply with the provisions of this paragraph.
1.9 DESIGN PROFESSIONAL acknowledges that OWNER may be contracting with a construction manager or contractor who, if retained, shall be responsible for the construction of the Project hereinafter referred to as “CONSTRUCTION
Appears in 1 contract
- DESIGN PROFESSIONAL’S RESPONSIBILITY. 1.1 DESIGN PROFESSIONAL shall provide to OWNER professional architectural and/or engineering services in all phases of the Project to which this Agreement applies. All design services to be provided by DESIGN PROFESSIONAL pursuant to this Agreement shall be in conformance with the Scope of Services described in Schedule A. Any deviation from the Scope of Services must be promptly brought to OWNER’S attention in writing by DESIGN PROFESSIONAL and all such deviations must be expressly approved by OWNER in writing.
1.2 The Basic Services to be performed by DESIGN PROFESSIONAL hereunder are set forth in the Scope of Services described in detail in Schedule A and include such other services as are normally and generally provided as a part of such Basic Services, even if not specifically identified in attached Schedule A. The total compensation to be paid DESIGN PROFESSIONAL by OWNER for all Basic Services is set forth in Article 5 and Schedule B.
1.3 DESIGN PROFESSIONAL agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Orange County, Florida, including, but not limited to, including all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by DESIGN PROFESSIONAL pursuant to this Agreement
1.4 DESIGN PROFESSIONAL agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services.
1.5 DESIGN PROFESSIONAL has employed and hereby designates to serve as DESIGN PROFESSIONAL’S representative (hereinafter referred to as the “Representative”). The Representative is authorized and responsible to act on behalf of DESIGN PROFESSIONAL with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. By execution of this Agreement, DESIGN PROFESSIONAL acknowledges that the Representative has full authority to bind and obligate DESIGN PROFESSIONAL on all matters arising out of or relating to this Agreement. DESIGN PROFESSIONAL agrees that the Representative shall devote whatever time is required to satisfactorily manage the services to be provided and performed by DESIGN PROFESSIONAL hereunder. Further, DESIGN PROFESSIONAL agrees that the Representative identified above shall not be removed by DESIGN PROFESSIONAL from the Project without OWNER’S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER.
1.6 DESIGN PROFESSIONAL agrees that its senior staff, subconsultants staff and subcontractors its Consultants (defined below) who will perform any services for the Project are subject to OWNER’S reasonable approval. Attached hereto as Schedule H is a listing of DESIGN PROFESSIONAL’S ’s senior staff who have been assigned to the Project, as well as the subconsultants and subcontractors Consultants who will be used by DESIGN PROFESSIONAL on the Project. None of the senior staff, subconsultants and subcontractors staff or Consultants identified in Schedule H shall be removed by DESIGN PROFESSIONAL from the Project without OWNER’S prior written approval (such approval not to be unreasonably withheld), and if so removed shall be immediately replaced with a person or firm reasonably acceptable to OWNER. DESIGN PROFESSIONAL further agrees, within fourteen (14) calendar days of receipt of a written request from OWNER, to promptly remove and replace the Representative, or any other personnel employed or retained by DESIGN PROFESSIONAL, or any subconsultants or subcontractors Consultants or any personnel of any such subconsultants or subcontractors Consultants engaged by DESIGN PROFESSIONAL to provide and perform services or work pursuant to the requirements of this Agreement, whom OWNER shall request in writing to be removed, which request may be made by OWNER with or without cause. DESIGN PROFESSIONAL shall be responsible to OWNER for the acts and omissions of DESIGN PROFESSIONAL’s employees and Consultants arising out of or resulting from the performance of the services hereunder which do not conform to DESIGN PROFESSIONAL’s standard of care, would constitute a breach of this Agreement if the act or omission were committed by DESIGN PROFESSIONAL or are otherwise wrongful or unlawful.
1.7 DESIGN PROFESSIONAL represents to OWNER that it has expertise in the type of professional architectural and/or engineering services that will be required for the Project. Drawings shall be prepared in electronic AutoCAD format and the Project Manual shall be prepared as an electronic Word document per OWNER'S standards found in the OWNER Design Criteria (Division 00-49) (“Guidelines”) and the Facilities Services Process and Procedures Manual ("PPM"))Guidelines Index, which DESIGN PROFESSIONAL acknowledges that it has reviewed prior to entering into this Agreement. By execution of this Agreement, DESIGN PROFESSIONAL acknowledges it has received and reviewed the most recent version of the Guidelines and the PPM as of the date of this Agreement and will OWNER’S Design Guidelines. DESIGN PROFESSIONAL agrees to follow, observe and design in accordance with the standards, requirements and conventions set forth thereinin the Guidelines. DESIGN PROFESSIONAL further agrees that all Services services to be provided by DESIGN PROFESSIONAL pursuant to this Agreement shall be subject to OWNER’S reasonable review and approval and shall be in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations (including utility regulations), local and state fire marshal requirements and the Florida Building Code, as well as the requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by DESIGN PROFESSIONAL hereunder. In the event of any conflicts in these requirements, DESIGN PROFESSIONAL shall promptly notify OWNER of such conflict in writing and utilize its best professional judgment to resolve the conflict. Nothing in this Agreement shall be construed to eliminate DESIGN PROFESSIONAL’s responsibility for compliance of its design, its documents and its services with applicable local, state and federal statutes and regulations and applicable professional practice standards. OWNER’S approval of the design documents in no way relieves DESIGN PROFESSIONAL of its obligation to deliver complete and accurate documents necessary for successful construction of the Project.
1.8 DESIGN PROFESSIONAL agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER’S prior written consent, or unless incident to the proper performance of DESIGN PROFESSIONAL’S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by DESIGN PROFESSIONAL hereunder, and DESIGN PROFESSIONAL shall require all of its employees, agents, sub-consultants and subcontractors Consultants to comply with the provisions of this paragraph.
1.9 DESIGN PROFESSIONAL acknowledges that OWNER may will be contracting with a construction manager or contractor who, if retained, shall be responsible for the construction of the Project Project, hereinafter referred to as “CONSTRUCTIONCONSTRUCTION CONTRACTOR.” DESIGN PROFESSIONAL agrees to cooperate with CONSTRUCTION CONTRACTOR with respect to CONSTRUCTION CONTRACTOR’S delivery of services to OWNER. OWNER may elect to contract with CONSTRUCTION CONTRACTOR during the design phase of the Project. If CONSTRUCTION CONTRACTOR is retained during the design phase, DESIGN PROFESSIONAL agrees to incorporate, whenever practicable and consistent with good design, and after OWNER’S written approval, all suggestions or recommendations timely made by CONSTRUCTION CONTRACTOR with respect to the Project design.
1.10 In addition to any other presentation or meeting requirements placed upon DESIGN PROFESSIONAL elsewhere in this Agreement, DESIGN PROFESSIONAL shall provide the following services with respect to presentations, meetings and technical liaisons as part of its Basic Services and at no additional cost to OWNER:
1.10.1 DESIGN PROFESSIONAL shall manage DESIGN PROFESSIONAL’s services, consult with OWNER, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to OWNER.
1.10.2 DESIGN PROFESSIONAL shall coordinate DESIGN PROFESSIONAL’s duties and responsibilities set forth in OWNER’s contract with CONSTRUCTION CONTRACTOR with DESIGN PROFESSIONAL’s services set forth in this Agreement and, further, shall coordinate its services with those services provided by OWNER and OWNER’s consultants and contractors.
1.10.3 Prior to the commencement of design activities, OWNER and DESIGN PROFESSIONAL shall conduct a pre-design conference for the purpose of discussing issues relative to the Project, plans preparation and submittal procedures and to convey to DESIGN PROFESSIONAL such items to be provided by OWNER as may be available at that time.
1.10.4 DESIGN PROFESSIONAL shall make presentations to OWNER at any point in the Project development if issues should arise which make additional presentations, other than those listed elsewhere in this Agreement, necessary in OWNER’S best interest.
1.10.5 DESIGN PROFESSIONAL shall submit to OWNER, not later than the tenth (10th) day of each month, a progress report. The progress report shall reflect Project design and construction status, conditions of the Project and in particular, any deviations from schedule or requirements and reasons therefor, if any, plus a recommendation for obtaining satisfactory progress and construction.
1.10.6 DESIGN PROFESSIONAL shall participate in regular Project Conferences with OWNER’S staff as noted in Schedule A. These meetings shall be scheduled by OWNER at a location in Orange County, Florida, to be designated by OWNER.
1.10.7 DESIGN PROFESSIONAL shall attend, as technical advisor to or agent of OWNER, as directed by OWNER, all meetings or hearings conducted by permitting agencies or public bodies in connection with any permit required for the construction of the Project.
1.10.8 DESIGN PROFESSIONAL shall keep accurate minutes of all meetings and distribute copies to all attending. All meetings shall be coordinated with OWNER’S staff. Meeting minutes shall be distributed within four (4) days of the meeting date.
1.10.9 DESIGN PROFESSIONAL shall coordinate all questions concerning design standards and codes with the appropriate offices and departments of OWNER, as identified by OWNER'S Project Manager. DESIGN PROFESSIONAL shall keep OWNER'S Project Manager informed of changes or requirements issued by any of those offices or departments
1.10.10 DESIGN PROFESSIONAL shall provide Total Quality Management (TQM) program services, including participation in the evaluation process as outlined in Schedule M. DESIGN PROFESSIONAL shall immediately inform OWNER'S Project Manager of any quality concerns or issues which arise during the performance of this Agreement.
1.11 DESIGN PROFESSIONAL agrees, for both itself and all of its Consultants, to comply with all of OWNER’s rules and regulations with respect to safety and security at OWNER’s facilities, including OWNER’s drug program, as said rules and regulations may be modified and amended by OWNER from time to time. DESIGN PROFESSIONAL agrees, for both itself and all of its Consultants, to comply with all of OWNER’s rules and regulations with respect to safety and security at OWNER’s facilities, including OWNER’s drug program, as said rules and regulations may be modified and amended by OWNER from time to time. In this regard, DESIGN PROFESSIONAL has accounted for compliance with such rules and regulations in its fee and schedule for performance of its services.
1.11.1 DESIGN PROFESSIONAL expressly acknowledges and agrees that it is responsible for complying with all rules and regulations of the Xxxxxxx Xxxxxxxx Act. Further, DESIGN PROFESSIONAL shall comply with any rules or regulations implemented by OWNER in order to comply with the Xxxxxxx Xxxxxxxx Act.
1.11.2 DESIGN PROFESSIONAL certifies that no person or Consultant will be assigned to work on any work pursuant to this Agreement that poses any threat or risk of harm to the health, safety or welfare of any student, employee, guest, vendor or property of OWNER. Further, DESIGN PROFESSIONAL agrees to indemnify and hold harmless OWNER and its officers and employees from any and all claims, suits, damages, costs, or attorney fees incurred as a result of any harm done to any student, employee, guest, vendor or property of OWNER by DESIGN PROFESSIONAL’s employees or Consultants assigned to do work pursuant to this Agreement.
1.12 OWNER may have one or more representatives visit the site of the Project from time to time, or on a full-time basis, as the construction progresses, DESIGN PROFESSIONAL shall not interfere with the functions of said representatives and will cooperate and work with said representatives. No action or failure to act by a representative shall relieve DESIGN PROFESSIONAL from any of its duties or obligations hereunder.
1.13 DESIGN PROFESSIONAL shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, DESIGN PROFESSIONAL shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services.
1.14 DESIGN PROFESSIONAL shall assist OWNER in connection with filing documents required for the approval of governmental authorities having jurisdiction over the Project.
1.15 Any Project Documents (defined below) prepared or furnished by DESIGN PROFESSIONAL that contain errors, conflicts or omissions will be promptly corrected by DESIGN PROFESSIONAL at no additional cost to OWNER. DESIGN PROFESSIONAL shall promptly notify OWNER in writing of any discovered discrepancies, inconsistencies or missing information necessary to provide reasonably accurate and complete documents.
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- DESIGN PROFESSIONAL’S RESPONSIBILITY. 1.1 1.1. DESIGN PROFESSIONAL shall provide to OWNER professional architectural and/or environmental engineering services in all phases of the Project to which this Agreement applies, as described in each Task Order. All design Environmental services to be provided by DESIGN PROFESSIONAL pursuant to this Agreement shall be in conformance with the Scope of Services described in Schedule A. Any deviation from the Scope of Services must be brought to OWNER’S 'S attention in writing by DESIGN PROFESSIONAL and all such deviations must be expressly approved by OWNER in writing.
1.2 1.2. The Basic Services to be performed by DESIGN PROFESSIONAL hereunder are set forth in the Scope of Services each Task Order and described in detail in Schedule A and A. The Basic Services include such other services as are normally and generally provided as a part of such Basic Services, even if not specifically identified in the Task Order or attached Schedule A. The total compensation to be paid DESIGN PROFESSIONAL by OWNER for all Basic Services is set forth in Article 5 and Schedule B.Schedule
1.3 1.3. DESIGN PROFESSIONAL agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Orange Polk County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by DESIGN PROFESSIONAL pursuant to this Agreement.
1.4 1.4. DESIGN PROFESSIONAL agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services.
1.5 1.5. DESIGN PROFESSIONAL has employed and hereby designates shall designate in each Task Order an employee to serve as DESIGN PROFESSIONAL’S 'S representative (hereinafter referred to as the “"Representative”)") for the Project encompassed by the Task Order. The Representative is authorized and responsible to act on behalf of DESIGN PROFESSIONAL with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. By execution of this Agreement, DESIGN PROFESSIONAL acknowledges that the Representative has full authority to bind and obligate DESIGN PROFESSIONAL on all matters arising out of or relating to this Agreement. DESIGN PROFESSIONAL agrees that the Representative shall devote whatever time is required to satisfactorily manage the services to be provided and performed by DESIGN PROFESSIONAL hereunder. Further, DESIGN PROFESSIONAL agrees that the Representative identified above shall not be removed by DESIGN PROFESSIONAL from the Project without OWNER’S 'S prior approval, and if so removed must be immediately replaced with a person reasonably acceptable to OWNER.
1.6 1.6. DESIGN PROFESSIONAL agrees that its senior staff, subconsultants and subcontractors who will perform any services for the Project are subject to OWNER’S 'S reasonable approval. Attached hereto as Schedule H is a A listing of DESIGN PROFESSIONAL’S 'S senior staff who have been assigned to the Project, as well as the subconsultants and subcontractors who will be used by DESIGN PROFESSIONAL on the ProjectProject shall be provided with each Task Order. None of the senior staff, subconsultants and subcontractors identified in Schedule H a Task Order shall be removed by DESIGN PROFESSIONAL from the Project without OWNER’S 'S prior written approval (such approval not to be unreasonably withheld), and if so removed shall be immediately replaced with a person or firm reasonably acceptable to OWNER. DESIGN PROFESSIONAL further agrees, within fourteen (14) calendar days of receipt of a written request from OWNER, to promptly remove and replace the Representative, or any other personnel employed or retained by DESIGN PROFESSIONAL, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by DESIGN PROFESSIONAL to provide and perform services or work pursuant to the requirements of this Agreement, whom OWNER shall request in writing to be removed, which request may be made by OWNER with or without cause.the
1.7 1.7. DESIGN PROFESSIONAL represents to OWNER that it has expertise in the type of professional architectural and/or environmental engineering services that will be required for the Project. Drawings shall be prepared in electronic AutoCAD format and the Project Manual shall be prepared as an electronic Word document per OWNER'S standards found in the Design Criteria (Division 00-49) (“Guidelines”) and the Facilities Services Process and Procedures Manual ("PPM")). By execution of this Agreement, DESIGN PROFESSIONAL acknowledges it has received the most recent version of the Guidelines and the PPM as of the date of this Agreement and will follow, observe and design in accordance with the standards, requirements and conventions set forth therein. DESIGN PROFESSIONAL agrees that all Services to be provided by DESIGN PROFESSIONAL pursuant to this Agreement shall be subject to OWNER’S 'S reasonable review and approval and shall be in accordance with the OWNER’S Design and Construction Standards, and Building Code Management Standards for such services that are published on the OWNER’S Facilities Division Web Page, xxxx://xxx.xxxx- xx.xxx/xxxxxxxxxx (hereafter referred to as "OWNER’S Published Standards"), and all applicable laws, statutes, ordinances, codes, rules, regulations (including utility regulations), local and state fire marshal requirements and the Florida Building Code, as well as the requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by DESIGN PROFESSIONAL hereunder. In the event of any conflicts in these requirements, DESIGN PROFESSIONAL shall promptly notify OWNER of such conflict in writing and utilize its best professional judgment to resolve the conflict. OWNER’S 'S approval of the design documents in no way relieves DESIGN PROFESSIONAL of its obligation to deliver complete and accurate documents necessary for successful construction of the Project.
1.8 1.8. DESIGN PROFESSIONAL agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER’S 'S prior written consent, or unless incident to the proper performance of DESIGN PROFESSIONAL’S 'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by DESIGN PROFESSIONAL hereunder, and DESIGN PROFESSIONAL shall require all of its employees, agents, sub-consultants and subcontractors to comply with the provisions of this paragraph.
1.9 1.9. DESIGN PROFESSIONAL acknowledges that OWNER may be contracting with a construction manager or contractor who, if retained, shall be responsible for the construction of the Project hereinafter referred to as “CONSTRUCTION"
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Samples: Design Professional Environmental Services Agreement
- DESIGN PROFESSIONAL’S RESPONSIBILITY. 1.1 DESIGN PROFESSIONAL shall provide to OWNER professional architectural and/or engineering services in all phases of the Project to which this Agreement applies. All design services to be provided by DESIGN PROFESSIONAL pursuant to this Agreement shall be in conformance with the Scope of Services described in Schedule A. Any deviation from the Scope of Services must be brought to OWNER’S 'S attention in writing by DESIGN PROFESSIONAL and all such deviations must be expressly approved by OWNER in writing.
1.2 The Basic Services to be performed by DESIGN PROFESSIONAL hereunder are set forth in the Scope of Services described in detail in Schedule A and include such other services as are normally and generally provided as a part of such Basic Services, even if not specifically identified in attached Schedule A. The total compensation to be paid DESIGN PROFESSIONAL by OWNER for all Basic Services is set forth in Article 5 and Schedule B.
1.3 DESIGN PROFESSIONAL agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Orange Polk County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by DESIGN PROFESSIONAL pursuant to this Agreement.
1.4 DESIGN PROFESSIONAL agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services.
1.5 DESIGN PROFESSIONAL has employed and hereby designates REPRESENTATIVE'S NAME to serve as DESIGN PROFESSIONAL’S 'S representative (hereinafter referred to as the “"Representative”"). The Representative is authorized and responsible to act on behalf of DESIGN PROFESSIONAL with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. By execution of this Agreement, DESIGN PROFESSIONAL acknowledges that the Representative has full authority to bind and obligate DESIGN PROFESSIONAL on all matters arising out of or relating to this Agreement. DESIGN PROFESSIONAL agrees that the Representative shall devote whatever time is required to satisfactorily manage the services to be provided and performed by DESIGN PROFESSIONAL hereunder. Further, DESIGN PROFESSIONAL agrees that the Representative identified above shall not be removed by DESIGN PROFESSIONAL from the Project without OWNER’S 'S prior approval, and if so removed must be immediately replaced with a person reasonably acceptable to OWNER.
1.6 DESIGN PROFESSIONAL agrees that its senior staff, subconsultants and subcontractors who will perform any services for the Project are subject to OWNER’S 'S reasonable approval. Attached hereto as Schedule H E is a listing of DESIGN PROFESSIONAL’S 'S senior staff who have been assigned to the Project, as well as the subconsultants and subcontractors who will be used by DESIGN PROFESSIONAL on the Project. None of the senior staff, subconsultants and subcontractors identified in Schedule H E shall be removed by DESIGN PROFESSIONAL from the Project without OWNER’S 'S prior written approval (such approval not to be unreasonably withheld), and if so removed shall be immediately replaced with a person or firm reasonably acceptable to OWNER. DESIGN PROFESSIONAL further agrees, within fourteen (14) calendar days of receipt of a written request from OWNER, to promptly remove and replace the Representative, or any other personnel employed or retained by DESIGN PROFESSIONAL, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by DESIGN PROFESSIONAL to provide and perform services or work pursuant to the requirements of this Agreement, whom OWNER shall request in writing to be removed, which request may be made by OWNER with or without cause.
1.7 DESIGN PROFESSIONAL represents to OWNER that it has expertise in the type of professional architectural and/or engineering services that will be required for the Project. Drawings shall be prepared in electronic AutoCAD format and the Project Manual shall be prepared as an electronic Word document per OWNER'S standards found in the Design Criteria (Division 00-49) (“Guidelines”) and the Facilities Services Process and Procedures Manual ("PPM")). By execution of this Agreement, DESIGN PROFESSIONAL acknowledges it has received the most recent version of the Guidelines and the PPM as of the date of this Agreement and will follow, observe and design in accordance with the standards, requirements and conventions set forth therein. DESIGN PROFESSIONAL agrees that all Services to be provided by DESIGN PROFESSIONAL pursuant to this Agreement shall be subject to OWNER’S 'S reasonable review and approval and shall be in accordance with the OWNER’S Design and Construction Standards, and Building Code Management Standards for such services that are published on the OWNER’S Facilities Division Web Page, xxxx://xxx.xxxx- xx.xxx//xxxxxxxxx/xxxxxxxxxxxxxxxxxxx/xxxxxxxxxxxxxxxxxx.xxx (hereafter referred to as "OWNER’S Published Standards"), and all applicable laws, statutes, ordinances, codes, rules, regulations (including utility regulations), local and state fire marshal requirements and the Florida Building Code, as well as the requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by DESIGN PROFESSIONAL hereunder. In the event of any conflicts in these requirements, DESIGN PROFESSIONAL shall promptly notify OWNER of such conflict in writing and utilize its best professional judgment to resolve the conflict. OWNER’S 'S approval of the design documents in no way relieves DESIGN PROFESSIONAL of its obligation to deliver complete and accurate documents necessary for successful construction of the Project.
1.8 DESIGN PROFESSIONAL agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER’S 'S prior written consent, or unless incident to the proper performance of DESIGN PROFESSIONAL’S 'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by DESIGN PROFESSIONAL hereunder, and DESIGN PROFESSIONAL shall require all of its employees, agents, sub-consultants and subcontractors to comply with the provisions of this paragraph.
1.9 DESIGN PROFESSIONAL acknowledges that OWNER may be contracting with a construction manager or contractor who, if retained, shall be responsible for the construction of the Project hereinafter referred to as “CONSTRUCTION"CONSTRUCTION CONTRACTOR." If CONSTRUCTION CONTRACTOR is retained during the design phase, DESIGN PROFESSIONAL agrees to cooperate with CONSTRUCTION CONTRACTOR with respect to CONSTRUCTION CONTRACTOR'S delivery of services to OWNER.
1.10 In addition to any other presentation or meeting requirements placed upon DESIGN PROFESSIONAL elsewhere in this Agreement, DESIGN PROFESSIONAL shall provide the following services with respect to presentations, meetings and technical liaisons as part of its Basic Services and at no additional cost to OWNER:
1.10.1 Prior to the commencement of design activities, OWNER and DESIGN PROFESSIONAL shall conduct a pre-design conference for the purpose of discussing issues relative to the Project, plans preparation and submittal procedures and to convey to DESIGN PROFESSIONAL such items to be provided by OWNER as may be available at that time.
1.10.2 DESIGN PROFESSIONAL shall make presentations to OWNER at any point in the Project development if issues should arise which make additional presentations, other than those listed elsewhere in this Agreement, necessary in OWNER'S best interest. DESIGN PROFESSIONAL may delegate this requirement to a subconsultant when appropriate and agreed to by the OWNER,
1.10.3 DESIGN PROFESSIONAL shall submit to OWNER, not later than the tenth (10th) day of each month, a progress report. The progress report shall reflect Project design and construction status, conditions of the Project and in particular, any deviations from schedule or requirements and reasons therefore, if any, plus a recommendation for obtaining satisfactory progress and construction.
1.10.4 DESIGN PROFESSIONAL shall participate in regular Project Conferences with OWNER'S staff. These meetings shall be scheduled by OWNER at a location in Polk County, Florida, to be designated by OWNER.
1.10.5 DESIGN PROFESSIONAL shall attend or require the appropriate subconsultant to attend, as technical advisor to or agent of OWNER and as directed by OWNER, all meetings or hearings conducted by permitting agencies or public bodies in connection with any permit required for the construction of the Project.
1.10.6 DESIGN PROFESSIONAL shall keep accurate minutes of all meetings attended by DESIGN PROFESSIONAL and distribute copies to all attending. All meetings shall be coordinated with OWNER'S staff. Meeting minutes shall be distributed within four (4) days of the meeting date.
1.10.7 DESIGN PROFESSIONAL shall coordinate all questions concerning design standards and codes with the appropriate offices and departments of OWNER, as identified by OWNER'S Project Coordinator. DESIGN PROFESSIONAL shall keep OWNER'S Project Coordinator informed of changes or requirements issued by any of those offices or departments.
1.11 DESIGN PROFESSIONAL agrees to comply with all of OWNER's rules and regulations with respect to safety and security at the OWNER's facilities, as said rules and regulations may be modified and amended by OWNER from time to time. DESIGN PROFESSIONAL further agrees to require all of its subconsultants and subcontractors to comply with the OWNER’S rules and regulations.
1.12 OWNER may have one or more representatives visit the site of the Project from time to time, or on a full-time basis, as the construction progresses. DESIGN PROFESSIONAL shall not interfere with the functions of said representatives and will cooperate and work with said representatives. No action or failure to act by a representative shall relieve DESIGN PROFESSIONAL from any of its duties or obligations hereunder.
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