The Design. Builder shall maintain an occurrence form commercial general liability policy or policies insuring against liability arising from premises (including loss of use thereof), personal injury or death, advertising injury, liability insured under an insured contract (including the tort liability of another assumed in a business contract) occurring on or in any way related to the premises or occasioned by reason of the operations of Design-Builder. Such coverage shall be written on an ISO occurrence form (ISO Form CG 00 01 12 07 or a policy form providing equivalent coverage) in an amount of not less than $1,000,000.00 per occurrence and not less than $2,000,000.00 aggregate. Unless otherwise provided, the policy or policies of insurance providing the liability coverage shall include:
The Design. Builder shall direct specific attention, in writing or on resubmitted design and construction documents or other submittals such as Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Owner and the Architect and its design/engineering consultants on previous submittals. In the absence of such written notice, the Owner’s approval and the Architect and its design/engineering consultant’s review of a resubmission shall not apply to such revisions.
The Design. Build Entity shall proceed expeditiously with adequate forces and shall achieve full completion of the work by the Contract Time. If the City’s Representative determines and notifies the Design Build Entity that the Design Build Entity’s progress is such that the Design Build Entity will not achieve full completion of the work by the Contract Time, the Design Build Entity shall immediately and at no additional cost to the City, take all measures necessary, including working such overtime, additional shifts, Sundays, or holidays as may be required to ensure that the entire Project is completed within the Contract Time. Upon receipt of such notice from the City’s representative, the Design Build Entity shall immediately notify the City’s Representative of all measures to be taken to ensure full completion of the work within the Contract Time. The Design Build Entity shall reimburse the City for any extra costs or expenses (including the reasonable value of any services provided by the City’s employees) incurred by the City as the result of such measures.
The Design. Builder shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Design-Builder brings to the site and negligently handles, or (2) where the Design-Builder fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence.
The Design. Builder shall notify the Owner of all activities that will impact Owner’s use, access and operations of any facilities in operation at the site of or related to any part of the Work. This shall include but not be limited to items such as disruptions to utilities/related services, vehicle, pedestrian and service access, noise, fumes and other items. Notification shall be provided to the Owner not less than 7 days in advance of any disruptions.
The Design. Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner’s accountants shall be afforded full access to the Design-Builder’s records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Contract, and the Design-Builder shall preserve these for a period of four (4) years after final payment, or for such longer period as may be required by law. If an audit or review by the Owner discloses overcharges (of any nature) more than 3% of the total value audited, the cost of the Owner’s audit will be reimbursed by the Design-Builder (in addition to the amount overcharged).