Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness. § 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control. § 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project. § 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections. § 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work. § 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Upon written request of the Design-Builder, the Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution completed Project. The Design-Builder shall promptly obtain easements (including but not limited to swing-way easements) and other property rights required for construction of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's ’s expense, and except as otherwise specifically provided in this Agreement Contract or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to reasonably rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.5.1 Notwithstanding the provisions of Section 7.2.5, the Design-Builder shall be responsible for determining, prior to commencement of the Work, the locations of all underground utility lines, cables, pipelines and similar such
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
§ 7.2.7 Prior to the execution of the GMP Amendment, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Design-Build Documents. Thereafter, the Design-Builder may only request such evidence if (1) the Owner fails to make payments to the Design-Builder as the Design-Build Documents require; (2) a change in the Work materially changes the Guaranteed Maximum Price; or (3) the Design-Builder identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Design-Builder.
§ 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
§ 7.2.9 Unless required by the Design-Build Documents to be provided by the Design-Builder, the Owner shall, upon request from the Design-Builder, furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and water conditions when such services are reasonably necessary to properly carry out the design services furnished by the Design-Builder. In such event, the Design-Builder shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations.
§ 7.2.10 The Design-Builder agrees that the Owner shall have no obligation to deliver copies of notices of right to a lien received by the Owner from parties purporting to be performing or furnishing Work under the Contract or on the Project, and that the Owner’s failure to deliver copies of such notices to the Design-Builder shall have no effect on the obligations of the Design-Builder to hold harmless and indemnify the Owner for mechanics’, material suppliers’, design professionals’, construction or similar liens as required by the Contract or applicable law. However, the Owner shall make a good faith attempt to deliver promptly to the Design-Builder copies of notices of right to a lien received by the Owner from parties purporting to be performing or furnishing Work under the Contract.
Appears in 1 contract
Sources: Design Build Contract
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide provide, if in Owner’s possession, surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The Owner shall promptly cooperate with Design-Builder to obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
§ 7.2.7 Prior City Council Approval of the Construction Documents, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Design-Build Documents. Thereafter, the Design-Builder may only request such evidence if
(1) the Owner fails to make payments to the Design-Builder as the Design-Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Design-Builder identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Design-Builder.
§ 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
§ 7.2.9 [This provision intentionally left blank.]
§ 7.2.10 If applicable, the Owner shall purchase and maintain insurance as set forth in Exhibit A.
Appears in 1 contract
Sources: Design Build Construction Agreement
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The To the extent reasonably possible, Tthe Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense., and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, Although the Design-Builder shall generally be entitled to rely upon the accuracy and completeness thereof, if Owner did not prepare such documents, it cannot guarantee their accuracy or completeness. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.Work.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The To the extent reasonably possible, Tthe Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense., and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, Although the Design-Builder shall generally be entitled to rely upon the accuracy and completeness thereof, if Owner did not prepare such documents, it cannot guarantee their accuracy or completeness. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder. However, the Design-Builder stipulates and agrees that the Owner has no duty to discover any design errors or omissions in the Drawings, Plans, Specifications, and other Construction Documents, and has no duty to notify Design-Builder of same. By entering into the Contract Documents or any Agreement with any Engineer, Owner does not warrant the adequacy and accuracy of any Drawings, Plans, Specifications, or other Construction Documents.
§ 7.2.7 Prior to the execution of the Design-Build Amendment, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Design-Build Documents and the Design-Builder’s Proposal. Thereafter, the Design-Builder may only request such evidence if (1) the Owner fails to make payments to the Design-Builder as the Design-Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Design-Builder identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Design-Builder.
§ 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
§ 7.2.9 Unless required by the Design-Build Documents to be provided by the Design-Builder, the Owner shall, upon request from the Design-Builder, furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and water conditions when such services are reasonably necessary to properly carry out the design services furnished by the Design-Builder. In such event, the Design-Builder shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations.
§ 7.2.10 The Design-BuilderOwner shall purchase and maintain insurance as set forth in Exhibit B.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.legal
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections. Unless otherwise specified in the Design-Build Documents, the Design-Builder shall be responsible for securing all building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's ’s expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writingDocuments, the Design-Builder shall not be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
§ 7.2.7 [INTENTIONALLY OMITTED].
§ 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
§ 7.2.9 The Design-Builder shall furnish the services of geotechnical engineers or other consultants at the Design- Builder’s expense. The Design-Builder shall coordinate all geotechnical services with the Owner who shall have the right to approve the dates and locations of all geotechnical tests.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's ’s expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
§ 7.2.7 Prior to the execution of the Design-Build Amendment, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Design-Build Documents and the Design-Builder’s Proposal. Thereafter, the Design-Builder may only request such evidence if (1) the Owner fails to make payments to the Design-Builder as the Design-Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Design-Builder identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Design-Builder.
§ 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
§ 7.2.9 Unless required by the Design-Build Documents to be provided by the Design-Builder, the Owner shall, upon request from the Design-Builder, furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and water conditions when such services are reasonably necessary to properly carry out the design services furnished by the Design-Builder. In such event, the Design-Builder shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations.
§ 7.2.10 The Owner shall purchase and maintain insurance as set forth in Exhibit B.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. § 7.2.1 .1 The Owner shall furnish information or services required of the Owner by the Industrial Design-Build Documents with reasonable promptness.
§ 7.2.2 .2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Industrial Design-Build Documents to be provided by the Design-Builder▇▇▇▇▇▇▇, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder▇▇▇▇▇▇▇, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 .3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 .4 The Owner shall cooperate with the Design-Builder ▇▇▇▇▇▇▇ in securing building and other permits, licenses and inspections.
§ 7.2.5 .5 The services, information, surveys and reports required to be provided by the Owner under this Agreementthe Contract, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Industrial Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writingDocuments, the Design-Builder ▇▇▇▇▇▇▇ shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder ▇▇▇▇▇▇▇ be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 .6 If the Owner observes or otherwise becomes aware of a fault or defect in the IDB Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to ▇▇▇▇▇▇▇.
.7 Prior to the execution of any Amendment, ▇▇▇▇▇▇▇ may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Industrial Design-BuilderBuild Documents and ▇▇▇▇▇▇▇’▇ Proposal. Thereafter, ▇▇▇▇▇▇▇ may only request such evidence if (i) the Owner fails to make payments to ▇▇▇▇▇▇▇ as the Industrial Design-Build Documents require; (ii) a change in the IDB Work materially changes the Contract Sum; or (iii) ▇▇▇▇▇▇▇ identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the IDB Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to ▇▇▇▇▇▇▇.
.8 Except as otherwise provided in the Industrial Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through ▇▇▇▇▇▇▇ with persons or entities employed or retained by ▇▇▇▇▇▇▇.
.9 Unless required by the Industrial Design-Build Documents to be provided by ▇▇▇▇▇▇▇, the Owner shall, upon request from ▇▇▇▇▇▇▇, furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and water conditions when such services are reasonably necessary to properly carry out the design services furnished by ▇▇▇▇▇▇▇. In such event, ▇▇▇▇▇▇▇ shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations.
.10 The Owner shall purchase and maintain builders risk insurance and such other insurance required of Owner as set forth in Exhibit 1.
Appears in 1 contract
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness. The Owner makes no warranties or representations as to the accuracy, suitability, or completeness of any information provided to the Design-Builder and the Design-Builder assumes all risks associated with such information.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and in its possession and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-BuilderThe Owner, the Owner if in its possession, shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.physical
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports to the extent required to be provided by the Owner under this AgreementArticle 7, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder; however, the Owner has no duty to discover any such fault, defect, or non-conformity.
§ 7.2.7 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall endeavor to communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
§ 7.2.8 The Design-Builder shall furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and water conditions. Such services shall include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations.
§ 7.2.9 Design-Builder shall carefully examine and study any information and services provided by the Owner (including, without limitation, the Owner’s Criteria and the like), compare such information with each other and physical conditions at the site and the other Design-Build Documents, and either confirm the accuracy and completeness of same or notify Owner immediately in writing of any inaccuracies, errors, inconsistencies, or omissions before commencing any part of the Work. Design-Builder shall bear responsibility for, and shall not be entitled to recover damages, costs, or losses relating to, any claim arising from any such inaccuracies, errors, inconsistencies, or omissions if it fails to provide such notice to Owner, and shall be responsible to the Owner for all costs, damages, and losses related to and necessary for correction.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's ’s expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
§ 7.2.7 Prior to the execution of the Design-Build Amendment, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Design-Build Documents and the Design-Builder’s Proposal. Thereafter, the Design-Builder may only request such evidence if (1) the Owner fails to make payments to the Design-Builder as the Design-Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Design-Builder identifies in writing
§ 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
§ 7.2.9 Unless required by the Design-Build Documents to be provided by the Design-Builder, the Owner shall, upon request from the Design-Builder, furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and water conditions when such services are reasonably necessary to properly carry out the design services furnished by the Design-Builder. In such event, the Design-Builder shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
§ 7.2.7 Prior to the execution of the Design-Build Amendment, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Design-Build Documents and the Design-Builder’s Proposal. Thereafter, the Design-Builder may only request such evidence if (1) the Owner fails to make payments to the Design-Builder as the Design-Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Design-Builder identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a
§ 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
§ 7.2.9 Unless required by the Design-Build Documents to be provided by the Design-Builder, the Owner shall, upon request from the Design-Builder, furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and water conditions when such services are reasonably necessary to properly carry out the design services furnished by the Design-Builder. In such event, the Design-Builder shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations.
§ 7.2.10 The Owner shall purchase and maintain insurance as set forth in Exhibit B.
Appears in 1 contract
Sources: Design Build Agreement
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness, or in accordance with any time periods specified in the Design Build Documents and Project Schedule.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control. The Owner will provide the Design-Builder with any geotechnical reports generated with regard to the Project site. Any reports provided by the Owner are provided to Design-Builder for reference purposes only and are not part of the Contract. Design-Builder, at its expense, may perform any additional geotechnical or other analyses/reports for the site, subject to Owner’s reasonable approval.
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's ’s expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to reasonably rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.no
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder. However, Owner’s failure to provide such notice, shall in no way relieve, change or modify Design-Builder’s responsibilities with respect to the quality or quantity of the Work, nor waive any rights or claims the Owner may have with respect to Design-Builder.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness. The Owner makes no warranties or representations as to the accuracy, suitability, or completeness of any information provided to the Design-Builder and the Design-Builder assumes all risks associated with such information.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and in its possession and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-BuilderThe Owner, the Owner if in its possession, shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.physical
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports to the extent required to be provided by the Owner under this AgreementArticle 7, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder; however, the Owner has no duty to discover any such fault, defect, or non-conformity.
§ 7.2.7 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall endeavor to communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
§ 7.2.8 The Design-Builder shall furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and water conditions. Such services shall include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations.
§ 7.2.9 Design-Builder shall carefully examine and study any information and services provided by the Owner (including, without limitation, the Owner’s Criteria and the like), compare such information with each other and physical conditions at the site and the other Design-Build Documents, and either confirm the accuracy and completeness of same or notify Owner immediately in writing of any inaccuracies, errors, inconsistencies, or
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.legal
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
§ 7.2.7 Prior to the execution of the Design-Build Amendment, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Design-Build Documents and the Design-Builder’s Proposal. Thereafter, the Design-Builder may only request such evidence if (1) the Owner fails to make payments to the Design-Builder as the Design-Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Design-Builder identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Design-Builder.
§ 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
§ 7.2.9 Unless required by the Design-Build Documents to be provided by the Design-Builder, the Owner shall, upon request from the Design-Builder, furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and water conditions when such services are reasonably necessary to properly carry out the design services furnished by the Design-Builder. In such event, the Design-Builder shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations.
§ 7.2.10 The Owner shall purchase and maintain insurance as set forth in Exhibit B.
Appears in 1 contract
Sources: Design Build Agreement
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Contract Documents with reasonable promptness.
§ 7.2.2 The Upon written request of the Contractor, the Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Contract Documents to be provided by the Design-BuilderContractor, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-BuilderContractor, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution completed Project. The Contractor shall promptly obtain easements (including but not limited to swing-way easements) and other property rights required for construction of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder Contractor in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's ’s expense, and except as otherwise specifically provided in this Agreement Contract or elsewhere in the Design-Build Contract Documents or to the extent the Owner advises the Design-Builder Contractor to the contrary in writing, the Design-Builder Contractor shall be entitled to reasonably rely upon the accuracy and completeness thereof. In no event shall the Design-Builder Contractor be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.5.1 Notwithstanding the provisions of Section 7.2.5, the Contractor shall be responsible for determining, prior to commencement of the Work, the locations of all underground utility lines, cables, pipelines and similar such underground public service installations within and serving the Project site, utilizing utility locating services or other means permitted by law. The Contractor shall coordinate with utility and other involved third party representatives regarding utility locations and related issues, and shall hand excavate or otherwise take special precautions so as to perform the Work in such a manner as to avoid damaging, or interrupting the operation of, all utility lines, cables, pipelines and similar public service installations within and serving the Project site, whether above ground or underground.
7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Contract Documents, the Owner shall give prompt written notice thereof to the Design-BuilderContractor.
7.2.7 Prior to the execution of the Pricing Amendment, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract Documents and the Contractor’s Proposal. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor.
7.2.8 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner shall communicate through the Contractor with persons or entities employed or retained by the Contractor.
7.2.9 Contractor acknowledges that Owner does not make any representation or warranty with respect to the accuracy or completeness of documents or information (including oral statements) or opinions provided to Contractor by Owner, any of Owner’s Separate Contractors, or anyone else with whom Owner contracts for the Work. Contractor represents and warrants that it has not and will not, and will instruct its Subcontractors to not, rely on Owner for any information, data, inferences or conclusions.
7.2.10 The Contractor agrees that the Owner shall have no obligation to deliver copies of notices of right to a lien received by the Owner from parties purporting to be performing or furnishing Work under the Contract or on the Project, and that the Owner’s failure to deliver copies of such notices to the Contractor shall have no effect on the obligations of the Contractor to hold harmless and indemnify the Owner for mechanics’, material suppliers’, design professionals’, construction or similar liens as required by the Contract or applicable law. However, the Owner shall make a good faith attempt to deliver promptly to the Contractor copies of notices of right to a lien received by the Owner from parties purporting to be performing or furnishing Work under the Contract.
Appears in 1 contract
Sources: Engineering, Procurement, and Construction Agreement
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Contract Documents with reasonable promptness.
§ 7.2.2 The Upon written request of the Contractor, the Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Contract Documents to be provided by the Design-BuilderContractor, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-BuilderContractor, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution completed Project. The Contractor shall promptly obtain easements (including but not limited to swing-way easements) and other property rights required for construction of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder Contractor in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's ’s expense, and except as otherwise specifically provided in this Agreement Contract or elsewhere in the Design-Build Contract Documents or to the extent the Owner advises the Design-Builder Contractor to the contrary in writing, the Design-Builder Contractor shall be entitled to reasonably rely upon the accuracy and completeness thereof. In no event shall the Design-Builder Contractor be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.5.1 Notwithstanding the provisions of Section 7.2.5, the Contractor shall be responsible for determining, prior to commencement of the Work, the locations of all underground utility lines, cables, pipelines and similar such underground public service installations within and serving the Project site, utilizing utility locating services or other means permitted by law. The Contractor shall coordinate with utility and other involved third party representatives regarding utility locations and related issues, and shall hand excavate or otherwise take special precautions so as to perform the Work in such a manner as to avoid damaging, or interrupting the operation of, all utility lines, cables, pipelines and similar public service installations within and serving the Project site, whether above ground or underground.
7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Contract Documents, the Owner shall give prompt written notice thereof to the Design-BuilderContractor.
7.2.7 Prior to the execution of the Pricing Amendment, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract Documents and the Contractor’s Proposal. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor.
7.2.8 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner shall communicate through the Contractor with persons or entities employed or retained by the Contractor.
7.2.9 Contractor acknowledges that Owner does not make any representation or warranty with respect to the accuracy or completeness of documents or information (including oral statements) or opinions provided to Contractor by Owner, any of Owner’s Separate Contractors, or anyone else with whom Owner contracts for the Work. Contractor
7.2.10 The Contractor agrees that the Owner shall have no obligation to deliver copies of notices of right to a lien received by the Owner from parties purporting to be performing or furnishing Work under the Contract or on the Project, and that the Owner’s failure to deliver copies of such notices to the Contractor shall have no effect on the obligations of the Contractor to hold harmless and indemnify the Owner for mechanics’, material suppliers’, design professionals’, construction or similar liens as required by the Contract or applicable law. However, the Owner shall make a good faith attempt to deliver promptly to the Contractor copies of notices of right to a lien received by the Owner from parties purporting to be performing or furnishing Work under the Contract.
Appears in 1 contract
Sources: Engineering, Procurement, and Construction Agreement
Information and Services Required of the Owner. § 7.2.1 2.2.1 Together with the Preconstruction Notice to Proceed, the Owner shall furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. If the Owner fails to deliver such evidence, the Contractor shall not be obligated to commence the Work. After commencing the Work, if (a) there has been a material change in the Owner's financial arrangements such that the Owner will be unable to fulfill its obligations under the Contract, or (b) prior to proceeding with any change in the Work that will cause an increase in the Guaranteed Maximum Price in excess of $200,000, either individually or in the aggregate with other changes requested by the Owner following the date that the Owner previously provided the Contractor with reasonable evidence of its financial, then the Owner shall furnish additional reasonable evidence of such financial arrangements. If the Owner fails to timely furnish the evidence required in subpart (a), the Contractor shall be entitled to terminate the Work. Until the Owner provides such reasonable evidence as required in subpart (b), the Contractor shall not be required to perform such changes.
2.2.2 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the Project site of the Project, and a legal description of the site Project site.
2.2.3 Information or services under the Owner’s control.
§ 7.2.3 The Owner 's control shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided furnished by the Owner under this Agreement, shall be furnished at the Owner's expense, and except as otherwise specifically provided with reasonable promptness to avoid delay in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance orderly progress of the Work.
§ 7.2.6 If the Owner observes or 2.2.4 Unless otherwise becomes aware of a fault or defect provided in the Work or non-conformity with the Design-Build Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work.
2.2.5 The foregoing are in addition to other duties and responsibilities of the Owner shall give prompt written notice thereof enumerated herein and especially those in respect to the Design-BuilderArticle 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds).
Appears in 1 contract
Sources: Standard Form of Agreement (Windsor Woodmont Black Hawk Resort Corp)
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's ’s expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
§ 7.2.7 Prior to the execution of the Design-Build Amendment, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Design-Build Documents and the Design-Builder’s Proposal. Thereafter, the Design-Builder may only request such evidence if (1) the Owner fails to make payments to the Design-Builder as the Design-Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Design-Builder identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Design-Builder.
§ 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
§ 7.2.7 Prior to the execution of the Design-Build Amendment, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Design-Build Documents and the Design-Builder’s Proposal. Thereafter, the Design-Builder may only request such evidence if (1) the Owner fails to make payments to the Design-Builder as the Design-Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Design-Builder identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Design-Builder.
§ 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
§ 7.2.9 Unless required by the Design-Build Documents to be provided by the Design-Builder, the Owner shall, upon request from the Design-Builder, furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and water conditions when such services are reasonably necessary to properly carry out the design services furnished by the Design-Builder. In such event, the Design-Builder shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation
§ 7.2.10 [Intentionally omitted].
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to To the extent under the Owner’s control control, to the extent such documents exist, where necessary for the Design Builder’s performance, and if not required by the Design-Build Documents to be provided by the Design-Builder, the Owner shall provide the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design Builder, to the extent under the Owner’s control, to the extent such documents exist, where necessary for the Design Builder’s performance, and if not required by the Design-Build Documents to be provided by the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.legal
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.or
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder, provided nothing in this Agreement shall be construed so as to require the Owner to determine the adequacy, accuracy, or sufficiency of the Work or its non-conformity with the Design-Build Documents. Failure of the Owner to provide notice to the Design-Builder shall not excuse the Design-Builder from its obligations under this Agreement, nor shall it amount to a waiver of any claims against the Design-Builder for any errors, omissions or inconsistencies in the Instruments of Service or defects or deficiencies in the Work.
§ 7.2.7 Prior to the execution of the Design-Build Amendment, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Design-Build Documents and the Design-Builder’s Proposal. Thereafter, the Design-Builder may only request such evidence if (1) the Owner fails to make payments to the Design-Builder as the Design-Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Design-Builder
§ 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
§ 7.2.9 Unless required by the Design-Build Documents to be provided by the Design-Builder, the Owner shall, upon request from the Design-Builder, furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and water conditions when such services are reasonably necessary to properly carry out the design services furnished by the Design-Builder. In such event, the Design-Builder shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations.
§ 7.2.10 The Owner shall purchase and maintain insurance as set forth in Exhibit B.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the The Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to necessary for the efficient execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writingDocuments, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
§ 7.2.7 Prior to execution of the Design-Build Amendment, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made arrangements to fulfill the Owner’s obligations under the Design-Build Documents and the Design-Builder’s Proposal. Thereafter, the Design-Builder may only request such evidence if the Owner fails to make payments to the Design-Builder as the Design-Build Documents require and the failure is not a result of the fault of the Design-Builder.
§ 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
§ 7.2.9 Unless required by the Design-Build Documents to be provided by the Design-Builder, the Owner shall, upon request from the Design-Builder, furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and water conditions when such services are reasonably necessary to properly carry out the design services furnished by the Design-Builder. In such event, the Design-Builder shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations.
§ 7.2.10 The Owner shall purchase and maintain insurance as set forth in Exhibit B.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder (Fox Factory Holding Corp)
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
§ 7.2.7 Prior to the execution of the Design-Build Amendment, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Design-Build Documents and the Design-Builder’s Proposal. Thereafter, the Design-Builder may only request such evidence if (1) the Owner fails to make payments to the Design-Builder as the Design-Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Design-Builder identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Design-Builder.
§ 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
§ 7.2.9 The Owner shall purchase and maintain insurance as set forth in Exhibit B.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. § 7.2.1 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish information such evidence as a condition precedent to commencement or services required continuation of the Work or the portion of the Work affected by a material change. After the Owner by furnishes the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builderevidence, the Owner shall also provide not materially vary such financial arrangements without prior notice to the Contractor.
§ 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities.
§ 2.2.3 Upon the reasonable request of the Contractor the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 site. The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder Contractor shall be entitled to rely upon on the accuracy and completeness thereof. In no event of information furnished by the Owner but shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If 2.2.4 The Owner shall furnish information or services required of the Owner observes by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services.
§ 2.2.5 Unless otherwise becomes aware of a fault or defect provided in the Work or non-conformity with the Design-Build Contract Documents, the Owner shall give prompt written notice thereof furnish to the Design-BuilderContractor one copy of the Contract Documents and a reasonable number for Subcontractors as indicated by Contractor for purposes of making reproductions pursuant to Section 1.5.2.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect (Nu Skin Enterprises Inc)
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's ’s expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
§ 7.2.7 Prior to the execution of the Design-Build Amendment, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Design-Build Documents and the Design-Builder’s Proposal. Thereafter, the Design-Builder may only request such evidence if (1) the Owner fails to make payments to the Design-Builder as the Design-Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Design-Builder identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Design-Builder.
§ 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder.
§ 7.2.9 The Desig consultants for in properly carry out the services requi
§ 7.2.10 The Owner shall purchase and maintain insurance as set forth in Exhibit B.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-BuilderDBC, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, easements where required by law and legal authorizations or entitlements regarding site utilization where essential to the execution executions of the ProjectProject as identified and applied for by the DBC.
§ 7.2.4 The Owner shall cooperate with the Design-Builder DBC in securing necessary building and other permits, licenses and inspections.
§ 7.2.5 The No services, information, surveys and reports are required to be provided by the Owner under this Agreement, unless agreed in writing between the Parties. The Owner will cooperate with the DBC in applying for necessary utility changes, but the DBC shall be furnished at secure the Owner's expense, compliant coordination of the utility and except as otherwise specifically provided in this Agreement pay all necessary costs to gain required services or elsewhere in approval of the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereofutility. In no event shall the Design-Builder DBC be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-BuilderDBC. The Parties recognize and agree that the Owner has no duty nor obligation to inspect or observe the Work for faults or defects.
Appears in 1 contract
Sources: Design Build Agreement