Design of the Works. 3.1 The Contractor acknowledges that it has checked the documents forming part of this Agreement prior to entering into it and has informed the Employer of any inaccuracies, discrepancies or ambiguities in them of which it is aware. If the Contractor shall find any inaccuracy, discrepancy or ambiguity contained in or between any of the documents forming part of this Agreement, it shall immediately notify the Employer’s Representative, who shall, on receipt of such notice, issue an Employer’s Instruction as to how such inaccuracy, discrepancy or ambiguity shall be resolved. The Contractor shall not be entitled to an extension of time or to any additional payment in respect of compliance with such instruction to the extent that such inaccuracy, discrepancy or ambiguity could reasonably have been found or foreseen at the date of this Agreement by a contractor exercising the skill, care and diligence reasonably to be expected of a contractor experienced in projects of a similar nature to the Works. No fitness for purpose obligation shall be implied by this Clause 3.1.
Design of the Works. The Organisation is responsible for the design of the Works and must ensure the design of the Works:
Design of the Works. The Design shall be approved by the County and shall be constructed pursuant to the criteria and standards of the County by the Operator. In the event that there are inconsistencies among the Design, and the Works is constructed and installed such that the Works does not meet the requirements of Schedule “A”, the Operator shall rectify the Works at its own cost. The Operator shall construct the Design as shown in Schedule “A” and provide the County with complete as-constructed drawings of the Design stamped by the engineer. Traffic Plan/Construction Timing Schedule for the Works The Operator shall complete the Traffic Plan/Construction Timing Schedule for the Works, which shall be subject to and include the following limitations: The Works once started must be completed within the same construction year, being not later than October 31st of that calendar year; The existing traffic lanes must be open to traffic at the end of each working day; and All open excavations adjacent to the through lanes must be backfilled and compacted to grade by the end of each working day. The Operator shall consult with the County as to the criteria, standards, and incidentals applicable to the Traffic Plan/Construction Timing Schedule prepared as contemplated in paragraph 5.01. The Traffic Plan/Construction Timing Schedule shall be finalized only when the County has consented to it in writing. The Operator shall follow the Traffic Plan/Construction Timing Schedule as closely and completely as possible. The Traffic Plan/Construction Timing Schedule will provide for an End Date. Required Standard of Care At all times when the County Right of Way is open to traffic during the construction and installation of the Works, the Operator shall be responsible for maintenance of the County Right of Way, keeping it in a state of repair. The Operator shall ensure that Ontario Regulation 239/02, Minimum Maintenance Standards for Municipal Highways under the Xxxxxxxxx Xxx, 0000, for a Class 2 roadway are met with respect to the maintenance of the County Right of Way during the construction and installation of the Works when it is open to the public traffic. This shall include but not necessarily be limited to maintenance duties respecting patrolling, potholes, shoulder drop-offs, cracks, debris, signage, and traffic control, Applicable Laws In constructing, installing the Works and/or in carrying out any activities arising as a result of this Agreement, the Operator shall comply with all st...
Design of the Works. The Participant is responsible for the design of the Works and must ensure the design of the Works: is conducted with the level of skill and care of a prudent and competent design professional; complies with the regulatory requirements of the relevant State or Territory and local government in the jurisdiction in which the Works are to be conducted; are fit for the purpose of the Designated Use on and from the date of achievement of Practical Completion for the Project, and throughout the Designated Use Period; and complies with all Laws and required Approvals. The Participant must ensure that a Certificate of Occupancy is issued in respect of the Works on the achievement of Practical Completion. The Participant must develop, prepare and maintain copies of all documents necessary to complete the Works, including all documents that would be prepared by a prudent and competent design professional, in order to ensure the Works are, on the date of achievement of Practical Completion, fit for the purposes of the Designated Use, throughout the Designated Use Period.
Design of the Works. (a) The Works are to be designed in accordance with:
Design of the Works. 5.1 The Town shall have the Design completed by a qualified engineering consultant and once approved by the County, provide the County with complete drawings of the Design stamped by the engineer.
Design of the Works. The Council shall be responsible for the design element of the Works at their own risk and cost and shall:
Design of the Works. 4.1 The Developer shall have the Design completed by a qualified engineering consultant and once approved by the County, provide the County with complete drawings of the Design stamped by the engineer.
Design of the Works. 6.1 The Parties are to use all reasonable endeavours to settle a Design Brief for the Council Works in accordance with the Programme of Activities and the Design Brief shall be in accordance with the New Bus Station Methodology and if the Developer has agreed in the New Bus Station Agreement to carry out the Council Works Schedule 6 (Development Obligations – Council Works) shall have effect for the purposes of determining any revised Approved Scheme Design.
Design of the Works. The Participant is responsible for the design of the Works and must ensure the design of the Works:
