Design-Builder Obligations. Design-Builder shall do everything reasonably practicable to ensure that no Person suffers an injury or illness and that no property is damaged or lost due to the performance of the Project Work. In the event of an incident in relation to the performance of the Project Work involving a Design-Builder Person, or where the Design-Builder is the Prime Contractor, Design-Builder shall:
(a) investigate the incident to determine and report on the root cause, identify any failed controls, and to identify corrective actions to prevent or deter to the greatest extent practicable the incident from reoccurring. All investigations shall be carried out by Qualified persons trained in incident investigation, shall involve the participation of the appropriate Design-Builder Persons, and all reports shall be:
(i) prepared using a consistent format, with content and a level of detail acceptable to the City, acting reasonably; and
(ii) provided to the City within 24 hours after the occurrence of the incident, or within such additional time as may be requested for the Qualified persons to conduct the investigation and finalize the report, with such additional time to be granted at the discretion of the City acting reasonably;
(b) promptly implement the corrective actions identified in the applicable report;
(c) where the incident is a Potentially Serious Incident or Serious Incident, provide immediate notification to the applicable authority required under the Occupational Health and Safety Act (Alberta), with a concurrent copy to the City;
(d) prepare and retain any such report or materials for inspection by the applicable authority required under the Occupational Health and Safety Act (Alberta), with concurrent copies made available to the City; and
(e) immediately provide notification or other documentation to any other authority or person as required by Applicable Law, with a concurrent copy of such notification or documentation provided to the City to the extent permitted by law, including:
(i) any relevant health and safety committee, health and safety representative, or affected workers required to be notified by the Occupational Health and Safety Act (Alberta), or such equivalent as may be the case.
Design-Builder Obligations. Subject to Section 10 [Relief Events and Limited Relief Events], if applicable, Design-Builder will be responsible for all temporary access and remedial construction in respect of the Adjoining Lands, and will utilize the following protocol in managing access to and use of the Adjoining Lands (the “Adjoining Lands Access Protocol”) and such protocol shall be conducted in a manner that will permit Design- Builder to perform its obligations pursuant to Schedule 12 [Communications and Engagement]. Design- Builder shall:
(a) determine, prior to the start of Construction, the exact location and elevation of landscaping, structures, or other improvements or fixtures on and otherwise relating to the Adjoining Lands that may be affected by the Project Work and which will require some scope of encroachment or access to, on or over the Adjoining Lands to support the Project Work;
(b) complete, prior to entering any Adjoining Lands, a comprehensive photographic record of the Site and coordinate all required rights of temporary access with the owners and occupiers of such Adjoining Lands;
(c) provide, at all times, reasonable alternative and continuous pedestrian and vehicular access to the Adjoining Lands when existing access is impaired by the Construction;
(d) follow the public notification requirements established in Schedule 12 [Communications and Engagement] as they pertain to access onto and use of private property;
(e) make all reasonable efforts to minimize interference, disturbance or encroachment within or on the Adjoining Lands affected by the Construction;
(f) remediate or repair the condition (including to tie back in, match existing surface treatments, maintain existing grades or improve drainage patterns to meet the Project Requirements) of any landscaping, improvements, structures and encroachments in respect of the Adjoining Lands that are affected by the Construction to no less than their condition existing prior to Construction, and to a better standard where it may be required in order to improve drainage patterns to meet the Project Requirements; and
(g) adhere to and follow applicable Good Industry Practice in carrying out and performing all Project Work in relation to the Adjoining Lands, including in a cooperative manner to the extent reasonably possible in the circumstances;
Design-Builder Obligations. Design-Builder shall promptly either correct all City determined Defective Work, whether or not fabricated, installed, or completed; or, if the Defective Work is rejected by City, remove it from the Project Site and replace it with non-Defective Work. Design-Builder shall bear all direct and indirect costs and damages of such correction and/or removal.
Design-Builder Obligations. The Design-Builder shall be responsible for procuring or furnishing the design and for the construction of the Work to achieve Owner’s objectives and requirements as reflected generally in the work criteria, as such work criteria may be modified by the Owner during the course of the Work. At all times, the Design-Builder shall exercise reasonable skill and judgment in the performance of its services.
Design-Builder Obligations. 3.6.1 Design/Builder shall design and construct the Project in general conformity with the Schematic Plan and the Basic Configuration, in accordance with all professional engineering principles and construction practices generally accepted in the State as the standard in the industry, in a good and workmanlike manner, free from defects and in accordance with the terms and conditions set forth in the Contract Documents. Except as otherwise specifically provided in the Contract Documents, all materials, services and efforts necessary to achieve Interim Substantial Completion on or before the Interim Completion Deadline, Substantial Completion on or before the Completion Deadline and Final Acceptance on or before the Acceptance Deadline shall be Design/Builder's sole responsibility; and the cost of all such materials, services and efforts are included in the Development Price. Design/Builder acknowledges that it shall maintain the Development Work until Final Acceptance, including repair of damage caused by accidents or vandalism, and that the cost of maintenance services for the Project prior to Final Acceptance is included in the Development Price except as otherwise specified in the Contract Documents; provided, however, that Design/Builder shall not be responsible for maintaining the non-tolled lanes of the Project once those non-tolled lanes have been substantially completed and transferred to TxDOT pursuant to the terms of the PDA.
3.6.2 Design/Builder shall furnish all design and other services, provide all supervision, labor, equipment and materials and undertake all efforts necessary or appropriate (excluding only those materials, services and efforts which the Contract Documents specify will be undertaken by other Persons) to construct the Project, achieve Interim Substantial Completion on or before the Interim Completion Deadline, Substantial Completion on or before the Completion Deadline and Final Acceptance on or before the Acceptance Deadline and maintain the Development Work during construction. In so doing, Design/Builder shall comply with the requirements of the Contract Documents, the Project Schedule, all Governmental Approvals, the approved Project Management Plan, the approved Design Quality Management Plan, the approved Construction Quality Management Plan, the Construction Quality Acceptance Program, the approved Safety and Health Plan and applicable Laws, and shall take into account the boundaries of the Schematic ROW, the Additional ...
