Common use of Additional Design-Assist Requirements Clause in Contracts

Additional Design-Assist Requirements. Unless the Contracting Authority agrees otherwise in writing the DB shall not be entitled to any adjustment of the Preconstruction Stage Compensation, Contract Sum, or Contract Times on account of the DB’s effort to engage or engagement of a Design-Assist Firm. 4.8.4.1 In order to facilitate compensation of the Design-Assist Firm and establishment of the Contract Sum through the GMP Amendment, every Design-Assist Firm the DB engages shall be considered a Consultant under the Contract during the Preconstruction Stage and a Subcontractor during the Construction Stage. .1 If the DB and Design-Assist Firm agree that the DB will compensate the Design-Assist Firm for design- assist services the Design-Assist Firm performs during the Preconstruction Stage, (1) the DB and Design- Assist Firm shall set forth that agreement in their design-assist contract, (2) that compensation is a part of and included in the Preconstruction Stage Compensation, and (3) the DB will not be entitled to an increase in the Preconstruction Stage Compensation on account of the DB’s engagement of the Design-Assist Firm. .2 The compensation to be paid by the DB to the Design-Assist Firm on account of the Design-Assist Firm’s performance of Work during the Construction Stage shall be included in the Contract Sum. 4.8.4.2 No less than 10 days before design-assist services are to be performed by a Design-Assist Firm during the Preconstruction Stage, or within a shorter period as mutually agreed by the DB and Contracting Authority, the DB shall submit to the Contracting Authority a Subcontractor and Material Supplier Declaration form through which the DB identifies the Design-Assist Firm as a Subcontractor. After receiving the form, the Contracting Authority shall verify that it is complete and deliver it to the Owner. If the Contracting Authority finds the form incomplete, the Contracting Authority shall return it to the DB and identify the incomplete information. .1 If the Project is administered using the State’s web-based project management software, the DB shall identify its Design-Assist Firms through the “Subcontractor Supplier Declaration” business process. 4.8.4.3 No less than 10 days before Work is to be performed by a Design-Assist Firm during the Construction Stage, or within a shorter period as mutually agreed by the DB and Contracting Authority, the DB shall submit to the Contracting Authority a detailed estimate of the Work to be performed by the Design-Assist Firm and a complete copy of the executed Subcontract between the DB and Design-Assist Firm. After receiving the estimate and Subcontract, the Contracting Authority shall verify that they are complete. If the Contracting Authority finds the estimate and Subcontract incomplete, the Contracting Authority shall return them to the DB and identify the incomplete information. .1 Execution of a GMP Amendment concerning the Work to be performed by a Design-Assist Firm in the Construction Stage is a condition precedent to the DB incurring an obligation to pay the Design-Assist Firm on account of the Design-Assist Firm’s performance of that Work in the Construction Stage.

Additional Design-Assist Requirements. Unless the Contracting Authority agrees otherwise in writing writing, the DB CM shall not be entitled to any adjustment of the Preconstruction Stage Compensation, Contract Sum, or Contract Times on account of the DBCM’s effort to engage or engagement of a Design-Assist Firm. 4.8.4.1 In order to facilitate compensation of the Design-Assist Firm and establishment of the Contract Sum through the GMP Amendment, every Design-Assist Firm the DB CM engages shall be considered a Consultant under the Contract during the Preconstruction Stage and a Subcontractor during the Construction Stage. .1 If the DB CM and Design-Assist Firm agree that the DB CM will compensate the Design-Assist Firm for design- assist services the Design-Assist Firm performs during the Preconstruction Stage, Stage (1) the DB CM and Design- Assist Firm shall set forth that agreement in their design-assist contract, (2) that compensation is a part of and included in the Preconstruction Stage Compensation, and (3) the DB CM will not be entitled to an increase in the Preconstruction Stage Compensation on account of the DBCM’s engagement of the Design-Assist Firm. .2 The compensation to be paid by the DB CM to the Design-Assist Firm on account of the Design-Assist Firm’s performance of Work during the Construction Stage shall be included in the Contract Sum. 4.8.4.2 No less than 10 ten days before design-assist services are to be performed by a Design-Assist Firm during the Preconstruction Stage, or within a shorter period as mutually agreed by the DB CM and Contracting Authority, the DB CM shall submit to the Contracting Authority A/E a Subcontractor and Material Supplier Declaration form through which the DB CM identifies the Design-Assist Firm as a Subcontractor. After receiving the form, the Contracting Authority A/E shall verify that it is complete and deliver it to the Contracting Authority and Owner. If the Contracting Authority A/E finds the form incomplete, the Contracting Authority A/E shall return it to the DB CM and identify the incomplete information. .1 If the Project is administered using the State’s web-based project management software, the DB CM shall identify its Design-Assist Firms through the “Subcontractor Supplier Declaration” business process. 4.8.4.3 No less than 10 ten days before Work is to be performed by a Design-Assist Firm during the Construction Stage, or within a shorter period as mutually agreed by the DB CM and Contracting Authority, the DB CM shall submit to the Contracting Authority and A/E a detailed estimate of the Work to be performed by the Design-Assist Firm and a complete copy of the executed Subcontract between the DB CM and Design-Assist Firm. After receiving the estimate and Subcontract, the Contracting Authority A/E shall verify that they are completecomplete and deliver them to the Contracting Authority. If the Contracting Authority A/E finds the estimate and Subcontract incomplete, the Contracting Authority A/E shall return them to the DB CM and identify the incomplete information. .1 Execution of a GMP Amendment concerning the Work to be performed by a Design-Assist Firm in the Construction Stage is a condition precedent to the DB CM incurring an obligation to pay the Design-Assist Firm on account of the Design-Assist Firm’s performance of that Work in the Construction Stage.

Additional Design-Assist Requirements. Unless the Contracting Authority agrees otherwise in writing the DB CM shall not be entitled to any adjustment of the Preconstruction Stage Compensation, Contract Sum, or Contract Times on account of the DBCM’s effort to engage or engagement of a Design-Assist Firm. 4.8.4.1 In order to facilitate compensation of the Design-Assist Firm and establishment of the Contract Sum through the GMP Amendment, every Design-Assist Firm the DB CM engages shall be considered a Consultant under the Contract during the Preconstruction Stage and a Subcontractor during the Construction Stage. .1 If the DB CM and Design-Assist Firm agree that the DB CM will compensate the Design-Assist Firm for design- assist services the Design-Assist Firm performs during the Preconstruction Stage, Stage (1) the DB CM and Design- Assist Firm shall set forth that agreement in their design-assist contract, (2) that compensation is a part of and included in the Preconstruction Stage Compensation, and (3) the DB CM will not be entitled to an increase in the Preconstruction Stage Compensation on account of the DBCM’s engagement of the Design-Assist Firm. .2 The compensation to be paid by the DB CM to the Design-Assist Firm on account of the Design-Assist Firm’s performance of Work during the Construction Stage shall be included in the Contract Sum. 4.8.4.2 No less than 10 days before design-assist services are Work is to be performed by a Design-Assist Firm during the Preconstruction Stage, or within a shorter period as mutually agreed by the DB CM and Contracting Authority, the DB CM shall submit to the Contracting Authority A/E a Subcontractor and Material Supplier Declaration form through which the DB CM identifies the Design-Design- Assist Firm as a Subcontractor. After receiving the form, the Contracting Authority A/E shall verify that it is complete and deliver it to the Contracting Authority and Owner. If the Contracting Authority A/E finds the form incomplete, the Contracting Authority A/E shall return it to the DB CM and identify the incomplete information. .1 If the Project is administered using the State’s web-based project management software, the DB CM shall identify its Design-Assist Firms through the “Subcontractor Supplier Declaration” business process. 4.8.4.3 No less than 10 days before Work is to be performed by a Design-Assist Firm during the Construction Stage, or within a shorter period as mutually agreed by the DB CM and Contracting Authority, the DB CM shall submit to the Contracting Authority and A/E a detailed estimate of the Work to be performed by the Design-Assist Firm and a complete copy of the executed Subcontract between the DB CM and Design-Assist Firm. After receiving the estimate and Subcontract, the Contracting Authority A/E shall verify that they are completecomplete and deliver them to the Contracting Authority. If the Contracting Authority A/E finds the estimate and Subcontract incomplete, the Contracting Authority A/E shall return them to the DB CM and identify the incomplete information. .1 Execution of a GMP Amendment concerning the Work to be performed by a Design-Assist Firm in the Construction Stage is a condition precedent to the DB CM incurring an obligation to pay the Design-Assist Firm on account of the Design-Assist Firm’s performance of that Work in the Construction Stage. 4.74.9 Replacement of Subcontractors and Design-Assist Firms 4.7.14.9.1 The CM shall not replace any Subcontractor after execution of the Subcontract without the prior written approval of the Contracting Authority.