Common use of Design Revisions Clause in Contracts

Design Revisions. The Design-Build Firm shall be responsible for managing the DPOR and the delivery of Design Services and Design Deliverables so as to ensure that the Project is designed and constructed in accordance with the requirements of this Agreement, including the DCP, in accordance with the Project Schedule, and Applicable Law or construction codes, for an amount that is within the Guaranteed Maximum Price. The Design-Build Firm shall follow the Design-Build Firm s’ Quality Control Plan on an ongoing and continuous basis to coordinate and make the Drawings consistent with the Specifications, and each design discipline's drawings consistent with all other discipline's Drawings. Quality Control Procedures must include the use of a completion checklist for each document and these completed and signed checklists shall be turned over to the Owner with each Design Deliverable. The Guaranteed Maximum Price and the Project Schedule shall cover the cost of and time for making, and allowing a reasonable time to make, revisions to Design Deliverables that are appropriate to correct errors, omissions, inconsistencies or other deficiencies identified by either the Owner or Design-Build Firm through the design review process by entering them on Owner s’ log of design review comments, as described in Section III.B(1)(d)(v), above. Upon Notification to the Owner of required corrections to the Design deliverables, the Design-Build Firm shall also submit a recovery schedule depicting the manner in which the correction will be completed without impacting the Project completion dates. If, at any time, Design-Build Firm believes an Owner s’ design review comment or clarification, will result in a change in scope that may affect the Design-Build Firm s’ ability to adhere to the Project Schedule or require consideration of a request to increase the Guaranteed Maximum Price, the Design-Build Firm shall give Owner prompt written notice thereof, no later than five (5) business days after Owner s’ design review comment has been provided to Design-Build Firm, explaining with particularity the basis for such belief, and Design-Build Firm shall not proceed further with Services related to such design review comment without further direction from Owner. Design-Build Firm s’ notice must comply with the notice requirements of this Agreement in Section VII.E, below for making any claim to extend the Project Schedule for Excusable Delay and/or increase the Guaranteed Maximum Price. Failure to give such notice shall result in a waiver of Design-Build Firm s’ right to seek an extension of time or an adjustment to the Guaranteed Maximum Price.