The Design. Builder shall maintain an occurrence form commercial general liability policy or policies insuring against liability arising from premises (including loss of use thereof), personal injury or death, advertising injury, liability insured under an insured contract (including the tort liability of another assumed in a business contract) occurring on or in any way related to the premises or occasioned by reason of the operations of Design-Builder. Such coverage shall be written on an ISO occurrence form (ISO Form CG 00 01 12 07 or a policy form providing equivalent coverage) in an amount of not less than $1,000,000.00 per occurrence and not less than $2,000,000.00 aggregate. Unless otherwise provided, the policy or policies of insurance providing the liability coverage shall include:
The Design. Builder shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Design-Builder brings to the site and negligently handles, or (2) where the Design-Builder fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence.
The Design. Builder shall designate in writing to the Owner a responsible individual whose duty shall be the prevention of accidents. This person shall coordinate all safety planning and activities with the Safety Director specified by the Design-Builder per Section A.3.2.13.
The Design. Builder shall direct specific attention, in writing or on resubmitted design and construction documents or other submittals such as Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Owner and the Architect and its design/engineering consultants on previous submittals. In the absence of such written notice, the Owner’s approval and the Architect and its design/engineering consultant’s review of a resubmission shall not apply to such revisions.
The Design. Builder shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Design-Builder’s delays, improperly timed activities or defective construction.
The Design. 10.1. The Supplier shall prepare and submit to the IAA for its approval, within the stipulated dates set forth in the Approved Project Execution Plan, all the Design Documents specified in the Technical Specifications, and shall include both basic and detailed design (the “Design Documents”).
The Design. Builder shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.
The Design. Builder shall provide the Owner with requirements and assignment of responsibilities for safety precautions and programs as required for the execution of the Work, temporary Project facilities and for equipment, materials and services for common use of Subcontractors and verify that all such information is included in the Construction Documents.
The Design. Builder shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Design-Builder shall be entitled to reasonably rely on the accuracy and completeness of services and information furnished by the Owner and the Owner’s consultants, but shall exercise proper precautions relating to the safe performance of the Work. The Design-Builder shall provide prompt written notice to the Owner if the Design-Builder becomes aware of any error, omission or inconsistency in such services or information.
The Design. Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner’s accountants shall be afforded full access to the Design-Builder’s records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Contract, and the Design-Builder shall preserve these for a period of four (4) years after final payment, or for such longer period as may be required by law. If an audit or review by the Owner discloses overcharges (of any nature) more than 3% of the total value audited, the cost of the Owner’s audit will be reimbursed by the Design-Builder (in addition to the amount overcharged).
