Common use of Design and Engineering Clause in Contracts

Design and Engineering. Prior to the Effective Date, Contractor shall have scrutinized, and satisfied itself as to the adequacy of, the Specifications (including design criteria and calculations, if any) for completion of the Project. Contractor shall be responsible for the design of the Project and for the accuracy of the Specifications. Any data or information received by Contractor, from Owner or otherwise, shall not relieve Contractor from its responsibility for the design of the Project and execution of the Services. Contractor shall engage all supervisors, engineers, designers, draftsmen and other Persons necessary for the preparation of all Documentation required for the Work. In connection with the Documentation, Contractor shall prepare working drawings and specifications setting forth in detail the requirements for the construction of the Project in accordance with this Agreement (the “Design Documents”). Contractor shall submit those Design Documents identified in Exhibit A for Owner’s review, and Owner shall complete its review of, and provide any comments to Contractor with respect to, the Design Documents within ten (10) Days of receiving such Design Documents from Contractor (and such Design Documents shall be deemed reviewed without comment if Contractor does not receive any comments from Owner within such time period). If Owner notifies Contractor that the Design Documents fail to comply with this Agreement, Contractor shall correct such Design Documents and shall resubmit them for Owner’s prompt review within five (5) Business Days in accordance herewith. Owner shall be entitled, but not obligated, to review and comment on all other Design Documents not identified in Exhibit A. Any review by Owner of any Design Documents pursuant to this Section shall not relieve Contractor from any obligation or responsibility under this Agreement. If errors, omissions, ambiguities, inconsistencies, inadequacies or other defects are found in the Designs Documents, they shall be corrected at Contractor’s cost, notwithstanding any prior consent or approval of Owner of any such Design Documents.

Design and Engineering. Prior to the Effective Date, Contractor shall have scrutinized, and satisfied itself as to the adequacy of, the Specifications (including design criteria and calculations, if any) for completion of the Project. Contractor shall be responsible for the design of the Project and for the accuracy of the Specifications. Any data or information received by Contractor, from Owner or otherwise, shall not relieve Contractor from its responsibility for the design of the Project and execution of the Services. Contractor shall engage all supervisors, engineers, designers, draftsmen and other Persons necessary for the preparation of all Documentation required for the Work. In connection with the Documentation, Contractor shall prepare working drawings and specifications setting forth in detail the requirements for the construction of the Project in accordance with this Agreement (the “Design Documents”). Contractor shall submit those Design Documents identified in Exhibit A for Owner’s review, and Owner shall complete its review of, and provide any comments to Contractor with respect to, the Design Documents within ten (10) Days of receiving such Design Documents from Contractor (and such Design Documents shall be deemed reviewed without comment if Contractor does not receive any comments from Owner within such time period). If Owner notifies Contractor that the Design Documents fail to comply with this Agreement, Contractor shall correct such Design Documents and shall resubmit them for Owner’s prompt review within five (5) Business Days in accordance herewith. Owner shall be entitled, but not obligated, to review and comment on all other Design Documents not identified in Exhibit A. Any review by Owner of any Design Documents pursuant to this Section shall not relieve Contractor from any obligation or responsibility under this Agreement. If errors, omissions, ambiguities, inconsistencies, inadequacies or other defects are found in the Designs Documents, they shall be corrected at Contractor’s costcorrected, notwithstanding any prior consent or approval of Owner of any such Design Documents.

Design and Engineering. Prior to the Effective Date(a) As engineer of record, Contractor shall have scrutinized, has full design and satisfied itself as to the adequacy of, the Specifications (including design criteria and calculations, if any) for completion of the Project. Contractor shall be responsible for the design of the Project and for the accuracy of the Specifications. Any data or information received by Contractor, from Owner or otherwise, shall not relieve Contractor from its engineering responsibility for the design performance of the Project and execution of the ServicesWork. Contractor shall engage all supervisors, engineers, designers, draftsmen draftsmen, Subcontractors, and other Persons others necessary for the design and engineering of the Facility and the preparation of all Documentation required drawings, specifications, plans, reports, and other design and engineering documentation (including all media and calculations) for the Work. In connection with the Documentation, Contractor shall prepare working drawings and specifications setting forth in detail the requirements for the construction of the Project Facility in accordance with this Agreement and Section 01200 “Contract Drawings and Documents” in Exhibit A (the “Design Documents”). Contractor shall submit those design and engineer the Facility in accordance with Requirements to be capable of operating in conformance with the Performance Guarantees. During performance of the Work, Contractor shall upload to and maintain the Design Documents identified on a web-based database as and when such Design Documents (or iterations thereof) are completed or revised and Owner shall have unlimited access (including download capability) to the Design Documents through an agreed upon electronic data management system (“EDMS”). Prior to the end of the Warranty Period, Contractor shall provide a copy of such material in an electronic medium acceptable to Owner. (b) The Design Documents listed in Section 01200 "Contract Drawings and Documents" in Exhibit A for that are subject to review by Owner (“Design Deliverables”) shall be submitted to Owner, Owner’s review, Engineer and Owner shall complete its review of, and provide any comments to Contractor with respect to, the Design Documents within ten (10) Days of receiving such Design Documents from Contractor (and such Design Documents shall be deemed reviewed without comment if Contractor does not receive any comments from Owner within such time periodIndependent Engineer through the EDMS in an agreed format(s). If Owner notifies Contractor that the Design Documents fail to comply with this Agreement, Contractor shall correct such Design Documents and shall resubmit them for Owner’s prompt review within five (5) Business Days in accordance herewith. Owner shall will be entitled, but not obligated, to review or comment on such Design Deliverables within fourteen (14) days of receipt thereof. Contractor shall not commence the Work related to such Design Deliverables without having given due consideration to Owner’s comments submitted during such fourteen (14) day period. Contractor shall, prior to commencement of Work related to such Design Deliverables, resubmit such Design Deliverables on which Owner has commented: (i) showing the changes, if any, made by Contractor in response to such comments and (ii) providing a reasonable explanation if it has not accepted any of Owner’s comments. (c) Design Documents will be deemed final when identified by Contractor as “issued for permit or for construction,” except Design Deliverables that are subject to review and comment on all other by Owner during the fourteen (14) day period provided in Section 2.29(b). Design Documents not identified that are required by Applicable Law to be certified, stamped, or under seal shall be certified, stamped, or sealed by registered professional engineers, licensed and qualified to perform engineering services in Exhibit A. Any review by Owner the applicable jurisdictions. No review, comment, approval or lack of disapproval of Owner, nor any acceptance or acknowledgment of any Design Documents pursuant to this Section shall not of the Work, shall, in any way, relieve Contractor from of any obligation of its guarantees or obligations hereunder, including its responsibility under this Agreement. If errors, for errors and omissions, ambiguitiesconfirming all quantities, inconsistenciesselection of fabrication processes, inadequacies or other defects are found construction techniques, the accuracy of the dimensions, details, and the quality of its instruments of service prepared in connection with the Designs DocumentsFacility as well as its responsibility for the quality, they shall be corrected at Contractor’s costintegrity, notwithstanding any prior consent or approval safety, and timely performance of Owner of any such Design Documentsthe Work.