Common use of DESIGN FOR CONSTRUCTION Clause in Contracts

DESIGN FOR CONSTRUCTION. 4.1 Upon written direction from Owner, after reviewing with Owner the preliminary design required by Article 3 above, and after incorporating any changes or alterations authorized or directed by Owner with respect to the preliminary design or with respect to the Owner’s Criteria, as, and if, modified, and in no event later than one hundred eighty (180) days after the effective date of this Contract, Architect shall draft and submit to Owner the “Design for Construction”. The Design for Construction shall include, without limitation, plans and specifications which describe with specificity all systems, elements, details, components, materials, equipment, and other information necessary for construction of the Project. In preparing the Design for Construction, including without limitation any changes thereto, Architect shall, as and when necessary, file and review all plans and specifications with all departments, divisions and offices of the State of Georgia and of the City of Atlanta having jurisdiction and requiring such filing or review, including without limitation the State of Georgia Department of Education, State of Georgia Environmental Protection Division, City of Atlanta Building Department, City of Atlanta Development Department and the City of Atlanta Fire ▇▇▇▇▇▇▇▇, and incorporate all required review comments into the plans and specifications. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in strict conformity, and strictly comply, with all applicable law, codes and regulations, and with all standards, criteria (including the Owner’s Criteria), and memoranda of policy furnished by Owner. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by Owner. The services required of Architect under this Contract do include, without limitation, an Erosion, Sedimentation and Pollution Control Plan in accordance with the State of Georgia Department of Natural Resources Environmental Protection Division storm water discharge permit, building evacuation plans, site evacuation plans, demolition plans (if demolition is applicable), and any and all other services required by law or otherwise necessary to provide permittable drawings and specifications, 4.2 All plans and specifications shall bear the signature and seal of the Architect. Structural, electrical, and mechanical plans and specifications shall also bear the signature and seal of the respective engineers, licensed in the State of Georgia. One set of all plans and specifications, properly signed and sealed, shall be furnished to Owner. In addition; 4.2.1 Architect shall provide Owner with all final plans on computer disk in AutoCAD version 2015, or scanned onto magnetic media that can be accessed by AutoCAD 2015; 4.2.2 Architect shall provide Owner with 11” x 17” prints of the final site plan, grading plan, staking plan, and overall floor plan; and 4.2.3 The maximum drawing sheet size shall be 30” x 42”. 4.3 Architect is responsible for the calculating in detail of all structural, mechanical, and electrical work including, but not limited to, the furnishing to Owner of life-cycle-costing and energy consumption analyses for the purpose of ascertaining and verifying (i) adequacy and correctness of equipment specified or shown on the plans and (ii) that the plans and specifications do not violate sound and accepted engineering principles; and 4.3.1 to confirm that there has been ample provision in the entire structural system for expansion and contraction, including but not limited to, building frames, the roof system, gravel stops, gutters, roof expansion joints, metal flashing and metal counter-flashing roof decks, and masonry walls; and 4.3.2 to confirm that there has been ample provision in the mechanical work for expansion and contraction. 4.4 Architect shall design all buildings in such manner that, if such buildings are constructed in accordance with said design and the construction contract between Owner and contractor applicable to the Project (hereinafter “Construction Contract”), such buildings will be free from leaks. 4.5 Architect agrees that budgetary limitations are not a justification for breach of sound principles of architectural and engineering design. Architect shall take no calculated risks in the design of the work. Architect agrees that in the event it cannot design the work within Owner’s financial limitations without disregarding sound principles of design or in the event Architect is requested by any person, agency, or public body to make any changes involving quality or quantity of the work, Architect shall give written notice to Owner and obtain written direction from Owner before proceeding. 4.6 Architect acknowledges and agrees that Owner does not undertake to approve or pass upon matters of design and that Owner, therefore, assumes no responsibility for design. Architect acknowledges and agrees that the review of plans and specifications by Owner is limited to determining whether such documents are generally consistent with Owner’s Criteria, as, and if, modified. Owner does not undertake to inquire into the adequacy, fitness, suitability, or correctness of engineering or architectural design. Architect agrees that no review of plans and specifications by Owner or by any person, body, or agency shall relieve Architect of the responsibility for the adequacy, fitness, suitability, and correctness of architectural and engineering design and for designing the work in accordance with sound and accepted engineering and architectural principles. 4.7 Architect shall create and provide to Owner a list of the plans, specifications and other documents constituting the Design for Construction (the “Design Document List”). Architect shall update the Design Document List and provide such updates to Owner and the contractor as and when Owner authorized addenda, Change Orders (as said term is defined in the Construction Contract), or other Owner authorized revisions to the Design for Construction are issued. Architect shall ensure that the Design Document List is at all times accurate, complete and current, taking into account all Owner authorized changes to the Construction Contract.

DESIGN FOR CONSTRUCTION. 4.1 Upon written direction from Owner, after reviewing with Owner the preliminary design required by Article 3 above, and after incorporating any changes or alterations authorized or directed by Owner with respect to the preliminary design or with respect to the Owner’s Criteria, as, and if, modified, and in no event later than one hundred eighty (180) days after the effective date of this Contract, Architect shall draft and submit to Owner the “Design for Construction”. The Design for Construction shall include, without limitation, plans and specifications which describe with specificity all systems, elements, details, components, materials, equipment, and other information necessary for construction of the Project. In preparing the Design for Construction, including without limitation any changes thereto, Architect shall, as and when necessary, file and review all plans and specifications with all departments, divisions and offices of the State of Georgia and of the City of Atlanta ▇▇▇▇▇▇ County having jurisdiction and requiring such filing or review, including without limitation the State of Georgia Department of Education, State of Georgia Environmental Protection Division, City of Atlanta ▇▇▇▇▇▇ County Building Department, City of Atlanta ▇▇▇▇▇▇ County Development Department and the City of Atlanta ▇▇▇▇▇▇ County Fire ▇▇▇▇▇▇▇▇, and incorporate all required review comments into the plans and specifications. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in strict conformity, and strictly comply, with all applicable law, codes and regulations, and with all standards, criteria (including the Owner’s Criteria), and memoranda of policy furnished by Owner. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by Owner. In preparing the Design for Construction, Architect shall retain an experienced, qualified geotechnical consultant to evaluate all geotechnical considerations relating to the design and construction of the Project. Architect shall be responsible for designing the Project in accordance with the analyses and recommendations of its geotechnical consultant. The services required of Architect under this Contract do include, without limitation, an Erosion, Sedimentation and Pollution Control Plan in accordance with the State of Georgia Department of Natural Resources Environmental Protection Division storm water discharge permit, building evacuation plans, site evacuation plans, demolition plans (if demolition is applicable), and any and all other services required by law or otherwise necessary to provide permittable drawings and specifications, 4.2 All plans and specifications shall bear the signature and seal of the Architect. Structural, electrical, and mechanical plans and specifications shall also bear the signature and seal of the respective engineers, licensed in the State of Georgia. One set of all plans and specifications, properly signed and sealed, shall be furnished to Owner. In addition; 4.2.1 Architect shall provide Owner with all final plans on computer disk in AutoCAD version 20152000, or scanned onto magnetic media that can be accessed by AutoCAD 20152000; 4.2.2 Architect shall provide Owner with 11” x 17” prints of the final site plan, grading plan, staking plan, and overall floor plan; and 4.2.3 The maximum drawing sheet size shall be 30” x 42”. 4.3 Architect is responsible for the calculating in detail of all structural, mechanical, and electrical work including, but not limited to, the furnishing to Owner of life-cycle-costing and energy consumption analyses for the purpose of ascertaining and verifying (i) adequacy and correctness of equipment specified or shown on the plans and (ii) that the plans and specifications do not violate sound and accepted engineering principles; and 4.3.1 to confirm that there has been ample provision in the entire structural system for expansion and contraction, including but not limited to, building frames, the roof system, gravel stops, gutters, roof expansion joints, metal flashing and metal counter-flashing roof decks, and masonry walls; and 4.3.2 to confirm that there has been ample provision in the mechanical work for expansion and contraction. 4.4 Architect shall design all buildings in such manner that, if such buildings are constructed in accordance with said design and the construction contract between Owner and contractor applicable to the Project (hereinafter “Construction Contract”), such buildings will be free from leaks. 4.5 Architect agrees that budgetary limitations are not a justification for breach of sound principles of architectural and engineering design. Architect shall take no calculated risks in the design of the work. Architect agrees that in the event it cannot design the work within Owner’s financial limitations without disregarding sound principles of design or in the event Architect is requested by any person, agency, or public body to make any changes involving quality or quantity of the work, Architect shall give written notice to Owner and obtain written direction from Owner before proceeding. 4.6 Architect acknowledges and agrees that Owner does not undertake to approve or pass upon matters of design and that Owner, therefore, assumes no responsibility for design. Architect acknowledges and agrees that the review of plans and specifications by Owner is limited to determining whether such documents are generally consistent with Owner’s Criteria, as, and if, modified. Owner does not undertake to inquire into the adequacy, fitness, suitability, or correctness of engineering or architectural design. Architect agrees that no review of plans and specifications by Owner or by any person, body, or agency shall relieve Architect of the responsibility for the adequacy, fitness, suitability, and correctness of architectural and engineering design and for designing the work in accordance with sound and accepted engineering and architectural principles. 4.7 Architect shall create and provide to Owner a list of the plans, specifications and other documents constituting the Design for Construction (the “Design Document List”). Architect shall update the Design Document List and provide such updates to Owner and the contractor as and when Owner authorized addenda, Change Orders (as said term is defined in the Construction Contract), or other Owner authorized revisions to the Design for Construction are issued. Architect shall ensure that the Design Document List is at all times accurate, complete and current, taking into account all Owner authorized changes to the Construction Contract.