- 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 DESIGN PROFESSIONAL shall act as the Building Official for the Project for other than the Life Safety, Elevator, Building Accessibility and Fire Safety rules, regulations and codes administered by the State Fire Marshal and local health department. Accordingly, the coordination of the “Special Inspections” required under the Georgia State Minimum Standard Building Code, as adopted by the State of Georgia, and the associated record-keeping activities, are a part of the Basic Services of this Contract. The DESIGN PROFESSIONAL shall keep two (2) sets of the Record Documents and any other documents required by the building codes, zoning codes, regulations, or applicable laws, for a period of ten (10) years. 1.3 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. 1.4 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 Georgia and in Savannah-Chatham County, Georgia, including, but not limited to, all licenses required by the respective state OWNERs and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by DESIGN PROFESSIONAL pursuant to the Agreement. 1.5 DESIGN PROFESSIONAL agrees that, when the services to be provided hereunder relate to a professional service which, under Georgia 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. 1.6 DESIGN PROFESSIONAL has employed and hereby designates [INSERT DESIGN PROFESSIONAL’S EMPLOYEE HERE] 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. 1.7 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 F 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 F 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
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Samples: Design Professional Services Agreement, 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 by DESIGN PROFESSIONAL and all such deviations must be expressly approved by OWNER in writing.
1.2 DESIGN PROFESSIONAL shall act as the Building Official for the Project for other than the Life Safety, Elevator, Building Accessibility and Fire Safety rules, regulations and codes administered by the State Fire Marshal and local health department. Accordingly, the coordination of the “Special Inspections” required under the Georgia State Minimum Standard Building Code, as adopted by the State of Georgia, and the associated record-keeping activities, are a part of the Basic Services of this Contract. The DESIGN PROFESSIONAL shall keep two (2) sets of the Record Documents and any other documents required by the building codes, zoning codes, regulations, or applicable laws, for a period of ten (10) years.
1.3 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.
1.4 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 Georgia and in Savannah-Chatham County, Georgia, including, but not limited to, all licenses required by the respective state OWNERs and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by DESIGN PROFESSIONAL pursuant to the Agreement.
1.5 DESIGN PROFESSIONAL agrees that, when the services to be provided hereunder relate to a professional service which, under Georgia 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.
1.6 DESIGN PROFESSIONAL has employed and hereby designates [INSERT DESIGN PROFESSIONAL’S EMPLOYEE HERE] 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.
1.7 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 F 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 F 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
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- 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 DESIGN PROFESSIONAL shall act as the Building Official for the Project for other than the Life Safety, Elevator, Building Accessibility and Fire Safety rules, regulations and codes administered by the State Fire Marshal and local health department. Accordingly, the coordination of the “Special Inspections” required under the Georgia State Minimum Standard Building Code, as adopted by the State of Georgia, and the associated record-keeping activities, are a part of the Basic Services of this Contract. The DESIGN PROFESSIONAL shall keep two (2) sets of the Record Documents and any other documents required by the building codes, zoning codes, regulations, or applicable laws, for a period of ten (10) years.
1.3 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.
1.4 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 Georgia and in Savannah-Chatham County, Georgia, including, but not limited to, all licenses required by the respective state OWNERs and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by DESIGN PROFESSIONAL pursuant to the Agreement.
1.5 DESIGN PROFESSIONAL agrees that, when the services to be provided hereunder relate to a professional service which, under Georgia 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.
1.6 DESIGN PROFESSIONAL has employed and hereby designates [INSERT DESIGN PROFESSIONAL’S EMPLOYEE HERE] 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.
1.7 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 F 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 F 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 fourteenfourteen (14) calendar days of receipt of 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.
1.8 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 Guideline Index (“Guidelines”). By execution of this Agreement, DESIGN PROFESSIONAL acknowledges it has received the most recent version of the Guidelines 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 Georgia 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.
1.9 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 until such non-public information is voluntarily disclosed to the Public by OWNER, is independently developed and disclosed by others, or otherwise enters the public domain through lawful means. DESIGN PROFESSIONAL shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph.
1.10 DESIGN PROFESSIONAL acknowledges that OWNER may be contracting with a PROGRAM MANAGER who will oversee the development and oversight of a program for the design, construction and repair as to existing and new schools in the OWNER’s School System. For the purposes of , the PROGRAM MANAGER will be XXXXXXX ENVIRONMENT & INFRASTRUCTURE GROUP, INC. (hereinafter “PARSONS” or the “PROGRAM MANAGER”). DESIGN PROFESSIONAL agrees to cooperate with PROGRAM MANAGER with respect to PROGRAM MANAGER’s delivery of services to OWNER. Also, in such event, 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 the PROGRAM MANAGER with respect to the Project design.
1.11 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 MANAGER @ RISK”. If CONSTRUCTION MANAGER @ RISK is retained during the design phase, DESIGN PROFESSIONAL agrees to cooperate with CONSTRUCTION MANAGER @ RISK with respect to CONSTRUCTION MANAGER @ RISK’S delivery of services to OWNER. Also, in such event, 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 MANAGER @ RISK with respect to the Project design.
1.12 In addition to any other presentation or meeting requirements placed upon DESIGN PROFESSIONAL elsewhere in the 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:
1.12.1 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.
1.12.2 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.
1.12.3 DESIGN PROFESSIONAL shall submit to OWNER, not later than the tenth (10th) of each month, a progress report. The progress report shall reflect Project design and construction status, conditions of the Project and in particular, any deviation from schedule or requirements and reasons therefore, if any, plus a recommendation for obtaining satisfactory progress and construction.
1.12.4 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 Chatham County, Georgia, to be designated by OWNER.
1.12.5 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.
1.12.6 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.
1.12.7 DESIGN PROFESSIONAL shall coordinate all questions concerning design standards and codes with the appropriate offices and departments of OWNER, as identified by OWNER’S Program Manager. DESIGN PROFESSIONAL shall keep OWNER’S Program Manager informed of changes or requirements issued by any of those offices or department.
1.13 DESIGN PROFESSIONAL agrees, for both itself and all of its subconsultants and subcontractors, to comply with all of OWNER’S rules and regulations with respect to safety and security at the OWNER’S facilities, including OWNER’S drug program, as said rules and regulations may be modified and amended by OWNER from time to time.
1.14 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.
1.15 DESIGN PROFESSIONAL shall schedule, coordinate and submit deliverables as required by Georgia Department of Education for review of planning of bidding and construction documents for Georgia Public Schools and incorporate comments and xxxx-ups into project documents.
1.16 DESIGN PROFESSIONAL shall assist OWNER and PROGRAM MANAGER in submitting documents for planning and construction of educational facilities in which students are to be housed to the Facilities Services Unit of the State Department of Education. DESIGN PROFESSIONAL shall comply with all of the Georgia Department of Education’s Guidelines for the submission of plans, including, but not limited to, State Department of Education Regulation 160-5-4-.16 (a) (3) Guidelines for the Submission of Documents for Review of Planning, Bidding, and Construction of Educational Facilities in effect as of May 30, 2012. Design PROFESSIONAL will comply with any new or amended guidelines promulgated by the Georgia Department of Education related to planning, bidding, or construction of educational facilities.
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