Dust Control. Design Build Entity shall be fully and solely responsible for maintaining and upkeeping all areas of the Site and adjoining areas, outdoors and indoors, free from flying debris, grinding powder, sawdust, dirt, and dust as well as any other product, product waste or work waste, that by becoming airborne may cause respiratory inconveniences to persons, particularly to Court staff and Judicial Council personnel. Design Build Entity shall take specific care to avoid deposits of airborne dust or airborne elements. Design Build Entity shall employ protection devices, systems, or methods in accordance with the regulations set forth by the Environmental Protection Agency and OSHA, and other applicable law, rule, or regulation. Design Build Entity shall be responsible to regularly and routinely clean up and remove all deposits of dust and other elements. 13.19.28.1. Damage and/or any liability arising from Design Build Entity’s failure to comply with these requirements shall at the sole cost and expense of Design Build Entity, including, without limitation, all penalties that may be incurred for violations of applicable law, rule, or regulation. Any amounts expended by Judicial Council to pay those damages shall be due and payable to Judicial Council on demand. Design Build Entity shall replace any damaged property or part thereof and professionally clean all items that become covered or partially covered to any degree by dust or other airborne elements. If Court operations are on-going at any point during the progress of Work, and if flying debris, grinding powder, sawdust, dirt, or dust from any Work disrupts or disturbs the normal operations of the Court, Judicial Council may, in its reasonable discretion, request that, and Design Build Entity shall comply, the performance of all Work be scheduled around Court hours and other reasonable arrangements be made so that the Work does not cause disruption or disturbance. In no event shall those arrangements result in an adjustment of the Total Contract Amount or the Contract Time.
Appears in 2 contracts
Sources: Design Build Agreement, Design Build Services Agreement
Dust Control. Design Build Entity shall be fully and solely responsible for maintaining and upkeeping all areas of the Site and adjoining areas, outdoors and indoors, free from flying debris, grinding powder, sawdust, dirt, and dust dust, as well as any other product, product waste or work waste, that by becoming airborne may cause respiratory inconveniences to persons, particularly to Court staff and Judicial Council personnel. Design Build Entity shall take specific care to avoid deposits of airborne dust or airborne elements. Design Build Entity shall employ protection devices, systems, or methods in accordance with the regulations set forth by the Environmental Protection Agency and OSHA, and other applicable lawlaws, rulerules, or regulationregulations. Design Build Entity shall be responsible to regularly and routinely clean up and remove all deposits of dust and other elements.
13.19.28.1. 13.19.29.1 Damage and/or any liability arising from Design Build Entity’s failure to comply with these requirements shall be at the sole cost and expense of Design Build Entity, including, without limitation, all penalties that may be incurred for violations of applicable law, rule, or regulation. Any amounts expended by Judicial Council to pay those damages shall be due and payable to Judicial Council on demand. Design Build Entity shall replace any damaged property or part thereof and professionally clean all items that become covered or partially covered to any degree by dust or other airborne elements. If Court operations are on-going at any point during the progress of Work, and if flying debris, grinding powder, sawdust, dirt, or dust from any Work disrupts or disturbs the normal operations of the Court, Judicial Council may, in its reasonable discretion, request that, and Design Build Entity shall comply, the performance of all Work be scheduled around Court hours and other reasonable arrangements be made so that the Work does not cause disruption or disturbance. In no event shall those arrangements result in an adjustment of the Total Contract Amount or the Contract Time.
Appears in 2 contracts
Sources: Agreement for Design Build Services, Agreement for Design Build Services
Dust Control. Design Build Entity shall be fully and solely responsible for maintaining and upkeeping all areas of the Site and adjoining areas, outdoors and indoors, free from flying debris, grinding powder, sawdust, dirt, and dust as well as any other product, product waste or work waste, that by becoming airborne may cause respiratory inconveniences to persons, particularly to Court staff and Judicial Council personnel. Design Build Entity shall take specific care to avoid deposits of airborne dust or airborne elements. Design Build Entity shall employ protection devices, systems, or methods in accordance with the regulations set forth by the Environmental Protection Agency and OSHA, and other applicable law, rule, or regulation. Design Build Entity shall be responsible to regularly and routinely clean up and remove all deposits of dust and other elements.
13.19.28.113.23.28.1. Damage and/or any liability arising from Design Build Entity’s failure to comply with these requirements shall at the sole cost and expense of Design Build Entity, including, without limitation, all penalties that may be incurred for violations of applicable law, rule, or regulation. Any amounts expended by Judicial Council to pay those damages shall be due and payable to Judicial Council on demand. Design Build Entity shall replace any damaged property or part thereof and professionally clean all items that become covered or partially covered to any degree by dust or other airborne elements. If Court operations are on-going at any point during the progress of Work, and if flying debris, grinding powder, sawdust, dirt, or dust from any Work disrupts or disturbs the normal operations of the Court, Judicial Council may, in its reasonable discretion, request that, and Design Build Entity shall comply, the performance of all Work be scheduled around Court hours and other reasonable arrangements be made so that the Work does not cause disruption or disturbance. In no event shall those arrangements result in an adjustment of the Total Contract Amount or the Contract Time.
Appears in 1 contract
Sources: Design Build Services Agreement
Dust Control. Design Build Entity shall be fully and solely responsible for maintaining and upkeeping all areas of the Site and adjoining areas, outdoors and indoors, free from flying debris, grinding powder, sawdust, dirt, and dust dust, as well as any other product, product waste or work waste, that by becoming airborne may cause respiratory inconveniences to persons, particularly to Court staff and Judicial Council personnel. Design Build Entity shall take specific care to avoid deposits of airborne dust or airborne elements. Design Build Entity shall employ protection devices, systems, or methods in accordance with the regulations set forth by the Environmental Protection Agency and OSHA, and other applicable lawlaws, rulerules, or regulationregulations. Design Build Entity shall be responsible to regularly and routinely clean up and remove all deposits of dust and other elements.
13.19.28.1. Damage and/or any liability arising from Design Build Entity’s failure to comply with these requirements shall be at the sole cost and expense of Design Build Entity, including, without limitation, all penalties that may be incurred for violations of applicable law, rule, or regulation. Any amounts expended by Judicial Council to pay those damages shall be due and payable to Judicial Council on demand. Design Build Entity shall replace any damaged property or part thereof and professionally clean all items that become covered or partially covered to any degree by dust or other airborne elements. If Court operations are on-going at any point during the progress of Work, and if flying debris, grinding powder, sawdust, dirt, or dust from any Work disrupts or disturbs the normal operations of the Court, Judicial Council may, in its reasonable discretion, request that, and Design Build Entity shall comply, the performance of all Work be scheduled around Court hours and other reasonable arrangements be made so that the Work does not cause disruption or disturbance. In no event shall those arrangements result in an adjustment of the Total Contract Amount or the Contract Time.
Appears in 1 contract
Sources: Design Build Agreement
Dust Control. Design Build Entity shall be fully and The Contractor is solely responsible for maintaining and upkeeping all areas of the Site and adjoining areas, outdoors and indoors, free from flying debris, grinding powder, sawdust, dirtdirt and dust, and dust as well as any other product, product waste or work waste, that that, by becoming airborne airborne, may cause respiratory inconveniences to persons, particularly to Court staff and Judicial Council personnel. Design Build Entity shall Dust barriers must be provided to isolate dust and dirt from construction operations. Contractor must take specific care to avoid deposits of airborne dust or airborne elements. Design Build Entity shall employ The protection devices, systems, systems or methods in accordance used by Contractor to control airborne dust must comply with the regulations set forth by the Environmental Protection Agency EPA and OSHA, and other applicable law, rule, rule or regulation. Design Build Entity shall be responsible to Additionally, Contractor must regularly and routinely clean up and remove any and all deposits of dust and other elements.
13.19.28.1. Damage and/or any liability arising derived from Design Build EntityContractor’s failure to comply with these requirements shall at the sole cost and expense of Design Build Entitybe borne solely by Contractor, including, without limitation, any and all penalties that may be incurred for violations of applicable law, rule, rule or regulation. Any , and any amounts expended by Judicial Council to pay those such damages shall will be due and payable to Judicial Council on demand, or may be deducted from any sum due to Contractor, whichever the Judicial Council elects in its sole discretion. Design Build Entity shall Contractor will replace any damaged property or part thereof and professionally clean any and all items that become covered or partially covered to any degree by dust or other airborne elements. If Court or any other public operations are on-going ongoing at any point during the progress of Work, and if and, in Judicial Council’s reasonable discretion, flying debris, grinding powder, sawdust, dirt, dirt or dust from any Work disrupts or disturbs the judicial officers, Court staff, or Judicial Council staff, or the normal operations operation of the Court, at Judicial Council mayCouncil’s request, in its reasonable discretion, request that, and Design Build Entity shall comply, Contractor will schedule the performance of all that Work be scheduled around normal Court hours and make other reasonable arrangements be made so that the Work does not cause disruption or disturbance. In no event shall will those arrangements result in an adjustment of the Total Contract Amount Price or the Contract Time.
Appears in 1 contract