Common use of Design-Build Work Clause in Contracts

Design-Build Work. To the extent that any portion of the Work under this Agreement is designated as design- build, including any portion of MEP work, Subcontractor agrees as follows. § 14.10.1 Subcontractor acknowledges that that Contractor is relying upon Subcontractor to perform all necessary design services and coordination for Subcontractor’s Work to comprise a completely operational system or systems, integrated with the other components of the Project, meeting the Owner’s requirements, and incompliance with applicable codes and laws, including to the extent applicable the ADA and FHA. § 14.10.2 Subcontractor shall procure all design services in connection with its work from licensed, independent professionals. If the person providing the design services for Subcontractor is an independent design professional, the services shall be provided pursuant to a written agreement acceptable to Contractor and all such agreements shall include appropriate indemnities by such design professional toward Contractor and (if required by the Prime Contract) Owner and shall require appropriate amounts of professional liability insurance. Contractor reserves the right to object to the persons or employees that Subcontractor intends to utilize for design services, in which case Subcontractor at its sole cost shall utilize other persons, acceptable to Contractor, for such services. § 14.10.3 Subcontractor shall prepare, for written approval by the Contractor and Owner, schematic design documents consisting of drawings illustrating the basic components of the design of the Subcontractor’s Work and their relationship to other Project elements. Three printed sets and one reproducible set of these documents, at a minimum, shall be provided to Contractor. Following completion of the schematic design documents, Subcontractor shall update the preliminary schedule and estimate for the Contractor’s review and approval. Approval by the Contractor, Owner, or Architect of any submittals by Subcontractor shall not relieve Subcontractor from its obligations under the Subcontract Documents, including its obligation to comply with applicable codes and law. § 14.10.4 Based upon the approved schematic design documents, Subcontractor shall prepare, for approval by the Contractor and Owner, design development documents consisting of further definition of design elements, including drawings, outline specifications, and other documents to fix and describe the size and character of the Subcontractor’s Work, including the relationship to other Project elements. Three printed sets and one reproducible set of these documents, at a minimum, shall be provided to Contractor. Following completion of the design development documents, Subcontractor shall review and update the schedule and estimate for Contractor’s review and approval. § 14.10.5 Based upon the approved design development documents, Subcontractor shall prepare for approval by Contractor, Owner, and governmental and/or other entities, including revisions necessary to secure needed approvals, construction documents setting forth in detail the requirements for construction of Subcontractor’s Work. These documents shall consist of drawings and specifications that comply in all respects with codes, laws, regulations, and standards of good practice to be in effect as of the time that the work is to be performed. Three printed sets and one reproducible set of these documents, at a minimum, shall be provided to Contractor. § 14.10.6 Subcontractor shall coordinate its Work with that of Contractor, other subcontractors, and all other persons at the Project site, to ensure that the completed Project provides a fully functional, operational system or systems that conform to Owners’ design program. § 14.10.7 Copies or originals of all data collected in relation to work associated with any Work, and all data and documents prepared in connection with the Project, shall be provided to Contractor and to Owner. Data collected, stored, and/or provided shall be in a form acceptable to Contractor. All data, designs, drawings, reports, drafts, work products, maps, records and other documents reproduced, prepared or caused to be prepared by Subcontractor pursuant to or in connection with any Work shall be the exclusive property of Contractor, who shall own the copyright and all other intellectual property rights in connection therewith, and who shall be entitled to make full use thereof. All such documents shall be delivered and/or returned to Contractor upon request.

Design-Build Work. To 1. In addition to the extent that any portion work required in the Subcontract Agreement, and in the event the Work Order requires Subcontractor to perform design-build work, then this Article is applicable. General Contractor retains Subcontractor to provide all design services necessary or incidental to complete Subcontractor's portion(s) of the Work Work, in accordance with and reasonably inferable from that which is indicated in the Subcontract Documents, and consistent with the progress schedule prepared by General Contractor. Subcontractor agrees to perform such design work under the general direction of General Contractor and subject to the final approval of General Contractor, Owner and the Owner's Architect and/or Engineer. 2. Design services provided by Subcontractor shall be procured from licensed design professionals retained by Subcontractor or furnished by licensed employees of Subcontractor. The standard of care for design services performed under this Agreement is designated as design- build, including any portion of MEP work, Subcontractor agrees as follows. § 14.10.1 Subcontractor acknowledges that that Contractor is relying upon Subcontractor to perform all necessary design services shall be the care and coordination for Subcontractor’s Work to comprise a completely operational system or systems, integrated with the other components skill ordinarily used by members of the Project, meeting architectural and engineering professions practicing under similar conditions at the Owner’s requirements, same time and incompliance with applicable codes and laws, including to the extent applicable the ADA and FHA. § 14.10.2 Subcontractor shall procure all design services in connection with its work from licensed, independent professionalslocality. If the person The person(s) or entity(s) providing the design services for Subcontractor shall be referred to as "the Designer". If the Designer is an independent design professional, the design services shall be provided procured pursuant to a written separate agreement acceptable between Subcontractor and the Designer. Subcontractor shall notify General Contractor in writing if it intends to Contractor change the Designer, which shall be subject to General Contractor's approval. The Subcontractor shall be responsible for coordinating its design with all other elements of the Project design. 3. Subcontractor shall furnish its best skill and all such agreements judgment in the performance of the Subcontract and shall include appropriate indemnities by such perform its design professional toward Contractor and (if required by work to the Prime Contract) satisfaction of General Contractor, the Owner and shall require appropriate amounts of professional liability insurance. the Architect/Engineer, so that General Contractor reserves the right to object may fulfill its obligations to the persons or employees that Owner. Subcontractor intends shall be responsible for taking field dimensions, providing tests, providing certifications and obtaining required permits as required to utilize for meet Subcontractor's design services. Subcontractor will coordinate with the Architect/Engineer, in which case Subcontractor at its sole cost shall utilize other persons, acceptable to General Contractor, for such services. § 14.10.3 Subcontractor shall prepare, for written approval by the Contractor and Owner, schematic design documents consisting of drawings illustrating the basic components of the design of the Subcontractor’s Work and their relationship to other Project elements. Three printed sets and one reproducible set of these documents, at a minimum, shall be provided to General Contractor. Following completion of the schematic design documents, Subcontractor shall update the preliminary schedule and estimate for the Contractor’s review and approval. Approval by the Contractor, Owner, or Architect of any submittals by Subcontractor shall not relieve Subcontractor from its obligations under the Subcontract Documents, including its obligation to comply with applicable codes and law. § 14.10.4 Based upon the approved schematic design documents, Subcontractor shall prepare, for approval by the Contractor and Owner, design development documents consisting of further definition of design elements, including drawings, outline specifications, and other documents to fix and describe the size and character of the Subcontractor’s Work, including the relationship to other Project elements. Three printed sets and one reproducible set of these documents, at a minimum, shall be provided to Contractor. Following completion of the design development documents, Subcontractor shall review and update the schedule and estimate for Contractor’s review and approval. § 14.10.5 Based upon the approved design development documents, Subcontractor shall prepare for approval by Contractor, Owner, and governmental and/or other entities, including revisions necessary to secure needed approvals, construction documents setting forth in detail the requirements for construction of Subcontractor’s Work. These documents shall consist of drawings and specifications that comply in all respects with codes, laws, regulations, and standards of good practice to be in effect as of the time that the work is to be performed. Three printed sets and one reproducible set of these documents, at a minimum, shall be provided to Contractor. § 14.10.6 Subcontractor shall coordinate its Work with that of Contractor, 's other subcontractors, in designing its portion of the work to avoid inconsistencies and all other persons at the Project site, to ensure that the completed Project provides a fully functional, operational system or systems that conform to Owners’ design programconflict in design. § 14.10.7 Copies or originals of all data collected in relation to work associated with any Work, and all data and documents prepared in connection with the Project, shall be provided to Contractor and to Owner4. Data collected, stored, and/or provided shall be in a form acceptable to Contractor. All data, designs, drawings, reports, drafts, work products, maps, records and other documents reproduced, prepared or caused to be prepared by Subcontractor pursuant to or in connection with any Work shall be the exclusive property of Contractor, who shall own the copyright and all other intellectual property rights in connection therewith, and who shall will not be entitled to make full use thereof. All such documents shall be delivered and/or returned a change order for additional work required due to Contractor upon request.(i) failure to coordinate its design with the work of others;

Design-Build Work. To the extent that any portion of the Work under this a Project Agreement is designated as design- design-build, including any portion of MEP work, Subcontractor agrees as follows. § 14.10.1 Subcontractor acknowledges that that Contractor is relying upon Subcontractor to perform all necessary design services and coordination for Subcontractor’s Work to comprise a completely operational operation system or systems, integrated with the other components of the Project, meeting the Owner’s requirements, and incompliance with applicable codes and laws, including to the extent applicable the ADA and FHA. § 14.10.2 Subcontractor shall procure all design services in connection with its work from licensed, independent professionals. If the person providing the design services for Subcontractor is an independent design professional, the services shall be provided pursuant to a written agreement acceptable to Contractor and all such agreements shall include appropriate indemnities by such design professional toward Contractor and (if required by the Prime Contract) Owner and shall require appropriate amounts of professional liability insurance. Contractor reserves the right to object to the persons or employees that Subcontractor intends to utilize for design services, in which case Subcontractor at its sole cost shall utilize other persons, acceptable to Contractor, for such services.lic pendent § 14.10.3 Subcontractor shall prepare, for written approval by the Contractor and Owner, schematic design documents consisting of drawings illustrating the basic components of the design of the Subcontractor’s Work and their relationship to other Project elements. Three printed sets and one reproducible set of these documents, at a minimum, shall be provided to Contractor. Following completion of the schematic design documents, Subcontractor shall update the preliminary schedule and estimate for the Contractor’s review and approval. Approval by the Contractor, Owner, or Architect of any submittals by Subcontractor shall not relieve Subcontractor from its obligations under the Subcontract Documents, including its obligation to comply with applicable codes and law.Subcontractor § 14.10.4 Based upon the approved schematic design documents, Subcontractor shall prepare, for approval by the Contractor and Owner, design development documents consisting of further definition of design elements, including drawings, outline specifications, and other documents to fix and describe the size and character of the Subcontractor’s Work, including the relationship to other Project elements. Three printed sets and one reproducible set of these documents, at a minimum, shall be provided to Contractor. Following completion of the design development documents, Subcontractor shall review and update the schedule and estimate for Contractor’s review and approval. § 14.10.5 Based upon the approved design development documents, Subcontractor shall prepare for approval by Contractor, Owner, and governmental and/or other entities, including revisions necessary to secure needed approvals, construction documents setting forth in detail the requirements for construction of Subcontractor’s Work. These documents shall consist of drawings and specifications that comply in all respects with codes, laws, regulations, and standards of good practice to be in effect as of the time that the work is to be performed. Three printed sets and one reproducible set of these documents, at a minimum, shall be provided to Contractor. § 14.10.6 Subcontractor shall coordinate its Work with that of Contractor, other subcontractors, and all other persons at the Project site, to ensure that the completed Project provides a fully functional, operational system or systems that conform to Owners’ design program. § 14.10.7 Copies or originals of all data collected in relation to work associated with any WorkWork Authorization or, and all data and documents prepared in connection with the Project, shall be provided to Contractor and to Owner. Data collected, stored, and/or provided shall be in a form acceptable to Contractor. All data, designs, drawings, reports, drafts, work products, maps, records and other documents reproduced, prepared or caused to be prepared by Subcontractor pursuant to or in connection with any Work Authorization or shall be the exclusive property of Contractor, who shall own the copyright and all other intellectual property rights in connection therewith, and who shall be entitled to make full use thereof. All such documents shall be delivered and/or returned to Contractor upon request.