Construction Documents Stage. Based on the approved Design Development Documents and any further adjustments to the Program, the Construction Cost Limitation or the Project Construction Cost as authorized by the Owner, the Design/Build Contractor shall prepare Construction Documents consisting of Drawings and Specifications and submit them to the Owner for approval. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall provide for the construction of the Project within the approved Project Construction Cost. The Construction Documents shall be consistent in all material respects with Design/Build Contractor’s prior design proposals to Owner and with the approved Guaranteed Maximum Price proposal. The Design/Build Contractor shall advise the Owner regarding construction phasing and scheduling, the construction contract time period, and such other construction conditions considered appropriate for the Project. The Design/Build Contractor shall assist and advise the Owner in connection with the Owner’s responsibility and procedures for obtaining approval of authorities having jurisdiction over the Project. The Design/Build Contractor shall furnish and deliver to the Owner the number of complete printed sets of Construction Documents as required. Following Owner’s approval of the Construction Documents, Design/Build Contractor shall deliver to the Owner Computer-aided Design and Drafting (“CADD”) system copies of the Construction Documents in the format and media specified by the Owner. Following Owner’s approval of the Construction Documents, Design/Build Contractor shall not be entitled to any adjustment in the approved Project Construction Cost except for changes in Project scope or quality which materially increase or decrease the cost to construct the Project that are ordered by Owner in writing in accordance with the Uniform General Conditions for University of Texas System Building Construction Contracts. Review Drawings The Design/Build Contractor, at its sole expense, shall provide Owner with the required number of design document review sets at each required stage of completion. The Design/Build Contractor shall incorporate into the documents such corrections and amendments as the Owner requests at each stage review, unless the Design/Build Contractor objects to such changes in writing and Owner agrees to the objections. Any additional cost incurred due to Design/Build Contractor’s failure to incorporate Owner’s requested corrections and amendments shall be borne by the Design/Build Contractor. Design/Build Contractor shall identify to Owner in writing anything in Design/Build Contractor’s drawings and specifications and any drawings, plans, sketches, instructions, information, requirements, procedures, requests for action, and other data supplied to Design/Build Contractor (by Owner or any other party) that Design/Build Contractor regards as unsuitable, improper, or inaccurate in connection with the purposes for which such documents or data are furnished. Design/Build Contractor shall be solely responsible for the use of such documents or data unless Design/Build Contractor advises Owner in writing that in its opinion such documents or data are unsuitable, improper, or inaccurate and Owner instruct the Design/Build Contractor in writing to proceed in accordance with the documents or data as originally given. The Design/Build Contractor shall pay all costs for plans, specifications and other design and construction documents used by the Design/Build Contractor and its consultants and subcontractors, and all documents produced for review by the Owner, except for changes generated solely by Owner. If any of the plans, specifications and other design and construction documents or other work materials produced or used by Design/Build Contractor pursuant to this Agreement are damaged or destroyed by fire or other casualty, Design/Build Contractor shall prepare and provide Owner with new copies of any such documents or materials, at no additional cost to Owner, unless Design/Build Contractor or Owner has a complete and undamaged set thereof. Additional Design Services Additional Design Services shall be provided by the Design/Build Contractor and paid for in accordance with this Agreement by the Owner if authorized in writing by the Owner. Prior to commencing any Additional Design Service, Design/Build Contractor shall submit to the Owner an Additional Services Proposal in a form acceptable to the Owner. The Additional Services Proposal shall describe in detail the nature or scope of the Additional Design Services, the basis upon which Design/Build Contractor believes that such services are Additional Services, the maximum amount of fees and reimbursable expenses for performance of the Additional Services, and a proposed schedule for the performance of the Additional Services. Design/Build Contractor shall proceed with the Additional Design Service only after written acceptance by Owner of the Additional Services Proposal. Upon acceptance by Owner, each Additional Services Proposal and the services performed by Design/Build Contractor pursuant to such Additional Services Proposal shall become part of this Agreement and shall be subject to all the terms and conditions of this Agreement, as fully and completely as though the same had been included in this Agreement as a Basic Service at the original execution of this Agreement. The following services, if requested by the Owner, are Additional Design Services: Providing financial feasibility or other special studies other than as they relate to energy conservation and guaranteed savings, and the cost of the Project. Providing planning surveys, site evaluations, environmental studies or comparative studies of prospective sites. Providing services relative to future facilities, systems and equipment which are not intended to be constructed during the Construction Phase. Providing services to make detailed investigation of existing conditions or facilities or to make measured drawings thereof, other than to verify the accuracy of drawings or other information furnished by the Owner. Providing coordination of Work performed by Owner’s separate Contractors or by the Owner’s own forces. Providing services in connection with the Work of separate consultants retained by the Owner. Providing services for planning tenant or rental spaces. Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given by the Owner or due to Changes approved by the Owner and not due to errors or omissions by the Project Architect. Making revisions in Drawings, Specifications or other documents when such revisions are required by the enactment or revision of codes, laws of regulations subsequent to the preparation of such documents. Making investigations, surveys, valuations, inventories or detailed appraisals of existing facilities, except as necessary and appropriate for the performance of the Design Phase Services required in connection with construction performed by the Owner. Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing services as may be required in connection with the replacement of such Work provided that the damage was not caused wholly or in part by the Design/Build Contractor or a Subcontractor. Providing services after final payment or expiration of the Warranty, whichever is later, except as otherwise required by the Contract. Preparing to serve or serving as an expert witness at the request of the Owner in connection with any public hearing, arbitration proceeding or legal proceeding. Providing any other services not otherwise customarily furnished in accordance with generally accepted architectural or engineering practice. Providing “as-built” record drawings in CADD format. Providing a Hazardous Material Abatement Consultant to provide hazardous material abatement expertise (including, but not limited to, asbestos and lead) through the Program, Schematic Design, Design Development, Construction Document and Construction Service Phases of the Project. The Hazardous Material Abatement Consultant shall be selected on the basis of competence and qualifications pursuant to Texas Education Code section 51.780(f)(1) from a list of approved consultants provided by the Owner. Consultant shall review Owner provided surveys, make recommendations regarding the need for additional surveys, develop design and cost alternatives for hazardous material abatement, prepare plans and specifications to include abatement in the general construction scope of work, provide a licensed individual to monitor hazardous material removal as required by State and EPA guidelines, and prepare a final abatement report. Design/Build Contractor shall provide the Owner with a written itemized cost proposal to provide Hazardous Material Abatement Consulting services, including coordination of the Design/Build Contractor. Hazardous Materials Abatement insurance shall be provided by the Design/Build Contractor and coverage for this service will not be included in any Owner provided insurance program. Providing a Commissioning Consultant to provide commissioning expertise through the Program, Schematic Design, Design Development, Construction Document and Construction Services Phases of the Project. The Commissioning Consultant shall review input related Project objectives, methods and concepts of commissioning.
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Construction Documents Stage. Based on the approved Design Development Documents and any further adjustments to the Program, the Construction Cost Limitation or the Project Construction Cost as authorized by the Owner, the Design/Build Contractor shall prepare Construction Documents consisting of Drawings and Specifications and submit them to the Owner for approval. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall provide for the construction of the Project within the approved Project Construction Cost. The Construction Documents shall be consistent in all material respects with Design/Build Contractor’s prior design proposals to Owner and with the approved Guaranteed Maximum Price proposal. The Design/Build Contractor shall advise the Owner regarding construction phasing and scheduling, the construction contract time period, and such other construction conditions considered appropriate for the Project. The Design/Build Contractor shall assist and advise the Owner in connection with the Owner’s responsibility and procedures for obtaining approval of authorities having jurisdiction over the Project. The Design/Build Contractor shall furnish and deliver to the Owner the number of complete printed sets of Construction Documents as required. Following Owner’s approval of the Construction Documents, Design/Build Contractor shall deliver to the Owner Computer-aided Design and Drafting (“CADD”) system copies of the Construction Documents in the format and media specified by the Owner. Following Owner’s approval of the Construction Documents, Design/Build Contractor shall not be entitled to any adjustment in the approved Project Construction Cost except for changes in Project scope or quality which materially increase or decrease the cost to construct the Project that are ordered by Owner in writing in accordance with the Uniform General Conditions for University of Texas System Building Construction Contracts. Review Drawings The Design/Build Contractor, at its sole expense, shall provide Owner with the required number of design document review sets at each required stage of completion. The Design/Build Contractor shall incorporate into the documents such corrections and amendments as the Owner requests at each stage review, unless the Design/Build Contractor objects to such changes in writing and Owner agrees to the objections. Any additional cost incurred due to Design/Build Contractor’s failure to incorporate Owner’s requested corrections and amendments shall be borne by the Design/Build Contractor. Design/Build Contractor shall identify to Owner in writing anything in Design/Build Contractor’s drawings and specifications and any drawings, plans, sketches, instructions, information, requirements, procedures, requests for action, and other data supplied to Design/Build Contractor (by Owner or any other party) that Design/Build Contractor regards as unsuitable, improper, or inaccurate in connection with the purposes for which such documents or data are furnished. Design/Build Contractor shall be solely responsible for the use of such documents or data unless Design/Build Contractor advises Owner in writing that in its opinion such documents or data are unsuitable, improper, or inaccurate and Owner instruct the Design/Build Contractor in writing to proceed in accordance with the documents or data as originally given. The Design/Build Contractor shall pay all costs for plans, specifications and other design and construction documents used by the Design/Build Contractor and its consultants and subcontractors, and all documents produced for review by the Owner, except for changes generated solely by Owner. If any of the plans, specifications and other design and construction documents or other work materials produced or used by Design/Build Contractor pursuant to this Agreement are damaged or destroyed by fire or other casualty, Design/Build Contractor shall prepare and provide Owner with new copies of any such documents or materials, at no additional cost to Owner, unless Design/Build Contractor or Owner has a complete and undamaged set thereof. Additional Design Services Additional Design Services shall be provided by the Design/Build Contractor and paid for in accordance with this Agreement by the Owner if authorized in writing by the Owner. Prior to commencing any Additional Design Service, Design/Build Contractor shall submit to the Owner an Additional Services Proposal in a form acceptable to the Owner. The Additional Services Proposal shall describe in detail the nature or scope of the Additional Design Services, the basis upon which Design/Build Contractor believes that such services are Additional Services, the maximum amount of fees and reimbursable expenses for performance of the Additional Services, and a proposed schedule for the performance of the Additional Services. Design/Build Contractor shall proceed with the Additional Design Service only after written acceptance by Owner of the Additional Services Proposal. Upon acceptance by Owner, each Additional Services Proposal and the services performed by Design/Build Contractor pursuant to such Additional Services Proposal shall become part of this Agreement and shall be subject to all the terms and conditions of this Agreement, as fully and completely as though the same had been included in this Agreement as a Basic Service at the original execution of this Agreement. The following services, if requested by the Owner, are Additional Design Services: Providing financial feasibility or other special studies other than as they relate to energy conservation and guaranteed savings, and the cost of the Project. Providing planning surveys, site evaluations, environmental studies or comparative studies of prospective sites. Providing services relative to future facilities, systems and equipment which are not intended to be constructed during the Construction Phase. Providing services to make detailed investigation of existing conditions or facilities or to make measured drawings thereof, other than to verify the accuracy of drawings or other information furnished by the Owner. Providing coordination of Work performed by Owner’s separate Contractors or by the Owner’s own forces. Providing services in connection with the Work of separate consultants retained by the Owner. Providing services for planning tenant or rental spaces. Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given by the Owner or due to Changes approved by the Owner and not due to errors or omissions by the Project Architect. Making revisions in Drawings, Specifications or other documents when such revisions are required by the enactment or revision of codes, laws of regulations subsequent to the preparation of such documents. Making investigations, surveys, valuations, inventories or detailed appraisals of existing facilities, except as necessary and appropriate for the performance of the Design Phase Services required in connection with construction performed by the Owner. Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing services as may be required in connection with the replacement of such Work provided that the damage was not caused wholly or in part by the Design/Build Contractor or a Subcontractor. Providing services after final payment or expiration of the Warranty, whichever is later, except as otherwise required by the Contract. Preparing to serve or serving as an expert witness at the request of the Owner in connection with any public hearing, arbitration proceeding or legal proceeding. Providing any other services not otherwise customarily furnished in accordance with generally accepted architectural or engineering practice. Providing “as-built” record drawings in CADD format. Providing a Hazardous Material Abatement Consultant to provide hazardous material abatement expertise (including, but not limited to, asbestos and lead) through the Program, Schematic Design, Design Development, Construction Document and Construction Service Phases of the Project. The Hazardous Material Abatement Consultant shall be selected on the basis of competence and qualifications pursuant to Texas Education Code section 51.780(f)(1) from a list of approved consultants provided by the Owner. Consultant shall review Owner provided surveys, make recommendations regarding the need for additional surveys, develop design and cost alternatives for hazardous material abatement, prepare plans and specifications to include abatement in the general construction scope of work, provide a licensed individual to monitor hazardous material removal as required by State and EPA guidelines, and prepare a final abatement report. Design/Build Contractor shall provide the Owner with a written itemized cost proposal to provide Hazardous Material Abatement Consulting services, including coordination of the Design/Build Contractor. Hazardous Materials Abatement insurance shall be provided by the Design/Build Contractor and coverage for this service will not be included in any Owner provided insurance program. Providing a Commissioning Consultant to provide commissioning expertise through the Program, Schematic Design, Design Development, Construction Document and Construction Services Phases of the Project. The Commissioning Consultant shall review input related Project objectives, methods and concepts of commissioningSupplementary Conditions.
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Samples: Agreement
