Common use of - DESIGN PROFESSIONAL’S RESPONSIBILITY Clause in Contracts

- DESIGN PROFESSIONAL’S RESPONSIBILITY. 1.1.1. The Design Professional, in representing the Owner, assumes towards the Owner a relationship of the highest trust, confidence, and fair dealings. 1.1.2. The 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 Broward 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/or performed by the Design Professional pursuant to this Agreement. 1.1.3. The Design Professional’s designated Principal in Charge shall have full authority to bind and obligate the Design Professional on all matters arising out of or relating to this Agreement. The Design Professional will designate in writing an individual to serve as the Design Professional’s representative. The Representative is authorized and responsible to act on behalf of the Design Professional with respect to directing, coordinating and administering all aspects of the Services to be provided and performed under the Owner’s Authorization to Proceed. By execution of this Agreement, the Design Professional acknowledges that the Representative has full authority to bind and obligate the Design Professional on all matters arising out of or relating to the Authorization to Proceed. The Design Professional agrees that the Principal in Charge and the Representative shall devote whatever time is required to satisfactorily manage the Services to be provided and performed by the Design Professional under the Authorization to Proceed. Further, the Design Professional agrees that the Principal in Charge and the Representatives shall not be removed without Owner’s prior approval, and if so removed, must be immediately replaced with a person acceptable to the Owner, which approval and acceptance shall not be unreasonably withheld. 1.1.4. The Design Professional agrees that its staff, consultants and sub-consultants who will perform any Services under this Agreement are subject to Owner’s reasonable approval. For project specific RFQ’s the Attachment B from the RFQ shall be finalized, updated and submitted to the owner within 2 weeks of contract execution. Attachment B is the listing of the Design Professional’s staff, consultants and sub- consultants who have been assigned to provide the services required under this Agreement. The Design Professional further agrees, within fourteen (14) calendar days of receipt of a written request from the Owner, to promptly remove and replace the Representative, or any other personnel employed or retained by the Design Professional, or any consultants or subcontractors or any personnel of any such consultants or sub-consultant engaged by the Design Professional to provide and perform any of the Services pursuant to the requirements of this Agreement. This request may be made by Owner with or without cause. If the Design Professional is required to remove and replace a consultant or subcontractor without cause, an equitable adjustment shall be made to the compensation provided for in any Authorization to Proceed to which such subcontractor or consultant may have been assigned. 1.1.4.1. Note that for Continuing Services, the Design Professional may list more than one (1) primary staff members and more than one (1) of each consultant type on Attachment B for use through the length of the contract. 1.1.5. Drawings shall be prepared in electronic AutoCAD format and the Project Manual shall be prepared as an electronic Word document per the Owner’s standards found in the online Design Standards. 1.1.6. Design Professional acknowledges that the most recent version of the Design Standards as of the date of the ATP shall be utilized for design. 1.1.7. In the event of any conflict in these requirements, the Design Professional shall promptly notify the Owner of such conflict in writing and utilize its best professional judgment to resolve the conflict. 1.1.8. The Owner’s acceptance of any document does not relieve the Design Professional of its obligation to deliver completely and accurately, all documents necessary for the successful completion of the project per the requirements in the Authorization to Proceed. 1.1.9. Design Professional agrees, for both itself and all of its consultants and sub-consultants, to comply with Owner’s rules and regulations with respect to safety and security at the Owner’s facilities. 1.1.10. 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 the Owner in order to comply with the Xxxxxxx Xxxxxxxx Act. 1.1.11. The Design Professional endeavors to ensure that no person or consultant will be assigned to work on any work pursuant to this contract that poses any threat or risk of harm to the health, safety or welfare of any student, employee, guest, vendor or property of the Owner. 1.1.12. The Owner may have one or more representatives visiting the site of the Project from time to time, or on a full-time basis, and the 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 the Design Professional from any of its duties or obligations hereunder. 1.1.13. Design Professional shall be responsible for reviewing all geological reports provided by the Owner with respect to the Project. The Design Professional's design documents shall be consistent and coordinated with the information set forth in all such geological reports. In the event the Design Professional has any questions or concerns about the contents of any such reports, the Design Professional shall notify the Owner in writing within 14 days of the Design Professional's receipt of any such geological reports. The Design Professional and Owner will attempt to mutually resolve any such questions or concerns. 1.1.14. The Design Professional shall immediately inform the Owner's Project or Program Manager of concerns or issues which become known to the Design Professional during the performance of this Agreement.