Common use of DESIGN PROFESSIONAL’S SERVICES AND RESPONSIBILITIES Clause in Contracts

DESIGN PROFESSIONAL’S SERVICES AND RESPONSIBILITIES. 3.1 The Design Professional is the individual or legal entity identified in the Contract Documents and/or otherwise designated by the Owner who is retained by the Owner to design and/or oversee the Project. For purposes of this Contract only, the term also includes individuals employed by Northern Arizona University who render such services in connection with the Project. 3.2 The DP shall have the right, responsibility and authority to carry out the specific duties required of the DP, as described herein and in the Agreement(s) between the DP and the Owner, including any amendments thereto. Any such amendments shall be in writing and furnished to the Contractor. 3.3 The DP will visit the site as it is deemed by the DP or Owner to be appropriate in order to advise the Owner as to the quality and progress of the construction. The Contractor shall cooperate with the DP in all respects in this regard, including attending meetings as requested. 3.4 The Design Professional will be the initial interpreter of the intent and requirements of the Construction Documents. The Design Professional shall render written initial interpretations with reasonable promptness following a written request from the Owner or the Contractor in that regard. These initial interpretations shall be consistent with the intent of the Contract Documents. 3.5 The Design Professional will timely review and approve or take other appropriate action upon the Contractor’s submittals, such as Shop Drawings, Product Data and Samples, for conformance with the Construction Documents. Such action shall be taken with reasonable promptness as specified so as to cause no delay. The Design Professional’s approval of a specific item or component shall not indicate approval of an assembly of which the item is a component. 3.6 Following consultation with the Owner, the Design Professional will take appropriate action to facilitate issuance of amendments or change orders and may authorize minor changes in the Work as defined in Section 11.3. 3.7 The Design Professional and Owner will each have authority to reject any Work which does not conform to the Contract Documents and to require special inspection or testing but may take such action only after consultation with the other. However, neither the authority to act given to the Design Professional and the Owner under this subparagraph nor any decision made by them in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility by them to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 3.8 Based on its observations of the Work and evaluation of applications for payment the Design Professional will have the responsibility to determine the amounts owed to the Contractor from time to time under and in accordance with Section 7 of these General Conditions and applicable law.

Appears in 3 contracts

Samples: Construction Services Agreement, Job Order Contract, Construction Services Agreement

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DESIGN PROFESSIONAL’S SERVICES AND RESPONSIBILITIES. 3.1 The Design Professional is the individual or legal entity identified in the Contract Documents and/or otherwise designated by the Owner who is retained by the Owner to design and/or oversee the Project. For purposes of this Contract Agreement only, the term also includes individuals employed by Northern Arizona State University who render such services in connection with the Project. 3.2 The DP shall have the right, responsibility and authority to carry out the specific duties required of the DP, as described herein and in the Agreement(s) between the DP and the Owner, including any amendments thereto. Any such amendments shall be in writing and furnished to the Contractor., 3.3 The DP will visit the site as it is deemed by the DP or Owner to be appropriate in order to advise the Owner as to the quality and progress of the construction. The Contractor shall cooperate with the DP in all respects in this regard, including attending meetings as requested. 3.4 The Design Professional will be the initial interpreter of the intent and requirements of the Construction Documents. The Design Professional shall render written initial interpretations with reasonable promptness following a written request from the Owner or the Contractor in that regard. These initial interpretations shall be consistent with the intent of the Contract Documents. 3.5 The Design Professional will timely review and approve or take other appropriate action upon the Contractor’s submittals, such as Shop Drawings, Product Data and Samples, for conformance with the Construction Documents. Such action shall be taken with reasonable promptness as specified so as to cause no delay. The Design Professional’s approval of a specific item or component shall not indicate approval of an assembly of which the item is a component. 3.6 Following consultation with the Owner, the Design Professional will take appropriate action to facilitate issuance of amendments or change orders and may authorize minor changes in the Work as defined in Section 11.3. 3.7 The Design Professional and Owner will each have authority to reject any Work which does not conform to the Contract Documents and to require special inspection or testing but may take such action only after consultation with the other. However, neither the authority to act given to the Design Professional and the Owner under this subparagraph nor any decision made by them in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility by them to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 3.8 Based on its observations of the Work and evaluation of applications for payment the Design Professional will have the responsibility to determine the amounts owed to the Contractor from time to time under and in accordance with the Contract Documents, including Section 7 of these General Conditions and applicable law.

Appears in 1 contract

Samples: Job Order Contract

DESIGN PROFESSIONAL’S SERVICES AND RESPONSIBILITIES. 3.1 The Design Professional is the individual or legal entity identified in the Contract Documents and/or otherwise designated by the Owner who is retained by the Owner to design and/or oversee the Project. For purposes of this Contract only, the term also includes individuals employed by Northern Arizona University who render such services in connection with the Project. 3.2 The DP shall have the right, responsibility and authority to carry out the specific duties required of the DP, as described herein and in the Agreement(s) between the DP and the Owner, including any amendments thereto. Any such amendments shall be in writing and furnished to the Contractor. 3.3 The DP will visit the site as it is deemed by the DP or Owner to be appropriate in order to advise the Owner as to the quality and progress of the construction. The Contractor shall cooperate with the DP in all respects in this regard, including attending meetings as requested. 3.4 The Design Professional will be the initial interpreter of the intent and requirements of the Construction Documents. The Design Professional shall render written initial interpretations with reasonable promptness following a written request from the Owner or the Contractor in that regard. These initial interpretations shall be consistent with the intent of the Contract Documents. 3.5 The Design Professional will timely review and approve or take other appropriate action upon the Contractor’s submittals, such as Shop Drawings, Product Data and Samples, for conformance with the Construction Documents. Such action shall be taken with reasonable promptness as specified so as to cause no delay. The Design Professional’s approval of a specific item or component shall not indicate approval of an assembly of which the item is a component. 3.6 Following consultation with the Owner, the Design Professional will take appropriate action to facilitate issuance of amendments or change orders and may authorize minor changes in the Work as defined in Section 11.3. 3.7 The Design Professional and Owner will each have authority to reject any Work which does not conform to the Contract Documents and to require special inspection or testing but may take such action only after consultation with the other. However, neither the authority to act given to the Design Professional and the Owner under this subparagraph nor any decision made by them in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility by them to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 3.8 Based on its observations of the Work and evaluation of applications for payment the Design Professional will have the responsibility to determine the amounts owed to the Contractor from time to time under and in accordance with Section 7 of these General Conditions and applicable law.

Appears in 1 contract

Samples: Job Order Contract

DESIGN PROFESSIONAL’S SERVICES AND RESPONSIBILITIES. 3.1 The Design Professional is the individual or legal entity identified in the Contract Documents and/or otherwise designated by the Owner who is retained by the Owner to design and/or oversee the Project. For purposes of this Contract Agreement only, the term also includes individuals employed by Northern Arizona State University who render such services in connection with the Project. 3.2 The DP shall have the right, responsibility and authority to carry out the specific duties required of the DP, as described herein and in the Agreement(s) between the DP and the Owner, including any amendments thereto. Any such amendments shall be in writing and furnished to the Contractor. 3.3 The DP will visit the site as it is deemed by the DP or Owner to be appropriate in order to advise the Owner as to the quality and progress of the construction. The Contractor shall cooperate with the DP in all respects in this regard, including attending meetings as requested. 3.4 The Design Professional will be the initial interpreter of the intent and requirements of the Construction Documents. The Design Professional shall render written initial interpretations with reasonable promptness following a written request from the Owner or the Contractor in that regard. These initial interpretations shall be consistent with the intent of the Contract Documents. 3.5 The Design Professional will timely review and approve or take other appropriate action upon the Contractor’s submittals, such as Shop Drawings, Product Data and Samples, for conformance with the Construction Documents. Such action shall be taken with reasonable promptness as specified so as to cause no delay. The Design Professional’s approval of a specific item or component shall not indicate approval of an assembly of which the item is a component.for 3.6 Following consultation with the Owner, the Design Professional will take appropriate action to facilitate issuance of amendments or change orders and may authorize minor changes in the Work as defined in Section 11.3. 3.7 The Design Professional and Owner will each have authority to reject any Work which does not conform to the Contract Documents and to require special inspection or testing but may take such action only after consultation with the other. However, neither the authority to act given to the Design Professional and the Owner under this subparagraph nor any decision made by them in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility by them to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 3.8 Based on its observations of the Work and evaluation of applications for payment the Design Professional will have the responsibility to determine the amounts owed to the Contractor from time to time under and in accordance with the Contract Documents, including Section 7 of these General Conditions and applicable law.

Appears in 1 contract

Samples: Job Order Contract

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DESIGN PROFESSIONAL’S SERVICES AND RESPONSIBILITIES. 3.1 The Design Professional is the individual or legal entity identified in the Contract Documents and/or otherwise designated by the Owner who is retained by the Owner to design and/or oversee the Project. For purposes of this Contract Agreement only, the term also includes individuals employed by Northern Arizona State University who render such services in connection with the Project. 3.2 The DP shall have the right, responsibility and authority to carry out the specific duties required of the DP, as described herein and in the Agreement(s) between the DP and the Owner, including any amendments thereto. Any such amendments shall be in writing and furnished to the Contractor. 3.3 The DP will visit the site as it is deemed by the DP or Owner to be appropriate in order to advise the Owner as to the quality and progress of the construction. The Contractor shall cooperate with the DP in all respects in this regard, including attending meetings as requested. 3.4 The Design Professional will be the initial interpreter of the intent and requirements of the Construction Documents. The Design Professional shall render written initial interpretations with reasonable promptness following a written request from the Owner or the Contractor in that regard. These initial interpretations shall be consistent with the intent of the Contract Documents. 3.5 The Design Professional will timely review and approve or take other appropriate action upon the Contractor’s submittals, such as Shop Drawings, Product Data and Samples, for conformance with the Construction Documents. Such action shall be taken with reasonable promptness as specified so as to cause no delay. The Design Professional’s approval of a specific item or component shall not indicate approval of an assembly of which the item is a component. 3.6 Following consultation with the Owner, the Design Professional will take appropriate action to facilitate issuance of amendments or change orders and may authorize minor changes in the Work as defined in Section 11.3. 3.7 The Design Professional and Owner will each have authority to reject any Work which does not conform to the Contract Documents and to require special inspection or testing but may take such action only after consultation with the other. However, neither the authority to act given to the Design Professional and the Owner under this subparagraph nor any decision made by them in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility by them to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 3.8 Based on its observations of the Work and evaluation of applications for payment the Design Professional will have the responsibility to determine the amounts owed to the Contractor from time to time under and in accordance with the Contract Documents, including Section 7 of these General Conditions and applicable law.

Appears in 1 contract

Samples: Standard Form Agreement

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