Design-Build. Except as provided in Section 3.2.3 below:
Design-Build. Firm's acceptance of final payment shall constitute a full waiver of any and all claims by Design-Build Firm against County arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Design-Build Firm as unsettled at the time of the final application for payment. Neither the acceptance of the Work nor payment by County shall be deemed to be a waiver of County's right to enforce any obligations of Design-Build Firm hereunder or to the recovery of damages for Defective Work not discovered by the County’s Representative or County at the time of final inspection.
Design-Build. Firm shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance Requirements attached to this Agreement as Exhibit C. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies which are registered with the State of Florida. Prior to execution of the Agreement, Design-Build Firm shall provide the County with properly executed Certificates of Insurance to evidence Design-Build Firm's compliance with the insurance requirements of the Contract Documents. Said Certificates of Insurance shall be on forms approved by the County. The Certificates of Insurance shall be personally, manually signed by the authorized representatives of the insurance company/companies shown on the Certificates of Insurance, with proof that they are authorized representatives thereof. In addition, certified, true and exact copies of all insurance policies required hereunder shall be provided to the County, on a timely basis, when requested by the County.
Design-Build. Firm warrants to the County that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Design-Build Firm further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, Suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Final Completion, any Work is found to be Defective or not in conformance with the Contract Documents, Design-Build Firm shall correct it promptly after receipt of written notice from the County. Design-Build Firm shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those express or implied warranties to which the County is entitled as a matter of law.
Design-Build. The Design-Builder at each phase of the design shall identify and review with the Trustees where it may be appropriate or necessary to incorporate design-build elements into the project. Where written concurrence by the Trustees is given, the Design-Builder may incorporate individual design-build components into the project design. Where design-build elements are specified the Design-Builder shall establish written and graphic performance criteria to incorporate each into the project. Design-build elements with a structural component require approval by CSU Seismic Peer Review at each design phase. The coordination of other design- build elements shall be completed prior to submittal of the project for plan reviews. The Design-Builder shall be responsible to coordinate design-build elements into the overall project design. As a part of this coordination the Design-Builder shall secure design-build elements review and concurrence by CSU Seismic and Mechanical Peer Review at each design phase.
Design-Build. If Subcontractor's scope of work under this Agreement requires Subcontractor to design any portion of the work, then Subcontractor will have all necessary professional architectural and engineering design services performed by properly licensed and qualified architects or engineers. Subcontractor will coordinate its work under this Agreement with the design and construction performed by others. Subcontractor will prepare sufficient stamped drawings, engineered calculations and specifications for coordination, construction and permit purposes and will comply with all requirements of the Contract Documents applicable to Subcontractor’s work. Subcontractor will give all notices and comply with all applicable laws, building codes, ordinances, regulations and orders of any public authority. Subcontractor will submit for Contractor's and Owner's review in accordance with the project schedule, all design development documents, working drawings, specified shop drawings, samples, data and specifications of materials proposed to be incorporated in the work. Subcontractor will provide copies of approved drawings in the form and quantity specified by Contractor. Subcontractor will advise Contractor and other affected trades of all design development changes in a timely manner so as to preclude additional costs and conflicts with the work of others on the Project.
Design-Build. Landlord and Tenant acknowledge that Tenant may elect to design and construct the Tenant Improvements using a fast-track design/build format. If Tenant so elects, Tenant may forward to Landlord, for Landlord's approval, Construction Drawings for portions of the Tenant Improvement project rather than Construction Drawings for the entire Premises. Landlord agrees to advise Tenant within ten (10) business days after Landlord's receipt of any such drawings if the same are unsatisfactory or incomplete in any respect. Upon Landlord's approval of any such drawings, the Contractor may be instructed to submit the same to the applicable governmental authorities for receipt of Permits. This process may be repeated by Tenant, as necessary, for all portions of the Tenant Improvement project.
Design-Build. Firm shall provide all materials and labor for the Work as shown or described in the Approved Construction Documents, or which is reasonably inferable therefrom as necessary to produce a finished and functional Project. The manner of organization of the Specifications into divisions, sections and articles, and arrangement of Drawings, does not control the Design-Build Firm s’ of the Work among Design-Build Firm Parties or any trade. division
Design-Build. Firm represents that it has advised Owner in writing of any past or present relationship or dealing between the Design- Build Firm, the DPOR, or Design-Build Firm Parties and any third party, including competitors of Owner or Design-Build Firm, which could or could be perceived to impair or interfere with the their exercise of independent judgment and discretion in professionally and ethically rendering the Services and performing the Work for the sole benefit and enjoyment of Owner under this Agreement or which could cause Owner to change its evaluation of Design-Build Firm and the decision to enter into this Agreement with Design-Build Firm ( “Conflict of Interest ”). A Conflict of Interest shall be deemed to exist when, because of undisclosed activities or relationships with any a third party, Owner determines in its sole discretion that Design-Build Firm or the Design-Build Firm Parties is/are unable to render impartial assistance, advice, or Services to Owner, or if the Design-Build Firm s’ objectivity in performing the Services and the Work required hereunder is or might be otherwise impaired, or the Design-Build Firm gains an unfair advantage or receives undisclosed profits or benefits in addition to compensation for its performance of Services and Work under this Agreement. Design-Build Firm shall at all times during the performance of this Agreement remain free of any obligation of any kind to any person other than Owner where such obligation may cause or require Design-Build Firm to compromise or otherwise be in breach of its obligations to Owner, including without limitation its obligations with respect to proprietary rights and confidentiality and conflicts of interests. Design-Build Firm has not undertaken, and during the period covered by this Agreement, Design-Build Firm shall not undertake any relationship with any third party that could give rise to such a Conflict of Interest without the prior written consent of Owner. Design- Build Firm shall immediately advise Owner of any relationship that may give rise to a Conflict of Interest during the term of this Agreement. If Owner becomes aware of any such relationships, through Design-Build Firm s’ disclosure or otherwise, Owner shall have the option to terminate this Agreement in whole or in part without further liability to Design-Build Firm. Design-Build Firm acknowledges that Owner adheres to the ethical requirements of the Charter of the City of San Antonio and its Ethics Code. Accordingl...
Design-Build. A.2.2.1 Further to Section B4 of the DBA, Design Builder shall have complete responsibility to perform all of the Works to deliver the Infrastructure so as to provide an upgraded wastewater treatment Infrastructure that: is complete and operational and fit for its intended uses, as established by the requirements set out in this DBA; complies with the Treatment Standards; is capable of operating 24 hours per day under process control system (PCS) control based on Standard Staffing Levels and has received all necessary written authorizations or other approvals from Governmental Authorities to do so, except for any authorizations or other approvals for which the City is responsible for as listed below:
