Common use of Design-Builder Clause in Contracts

Design-Builder. 1. The Design-Builder must perform everything required to be performed and provide all of the labor, necessary tools, machinery, materials, schedules and other documents and all facilities for the construction of the Project as described herein and other work necessary to perform and complete in a workmanlike manner, and within the specified time, all of the Work in strict accordance with the Contract Documents. Design-Builder is solely responsible for selecting the means, methods, techniques, sequences, and procedures used in performing the Work. 2. The Design-Builder must begin the Work on the date specified in the Notice to Proceed. In addition, upon receipt of Notice to Proceed, the Design-Builder must assign and maintain during the term of the Contract and any extension of it, an adequate staff of competent personnel who are fully equipped, licensed as appropriate, available as needed, and qualified to perform the Work. The Design-Builder must include among the staff such personnel and positions as may be required by the Contract Documents. 3. The Design-Builder is solely responsible for properly laying out the Work, and for all lines, elevations and measurements for all of the Work executed under the Contract Documents. The Design-Builder must verify the figures shown on the Drawings before laying out the Work and will be held responsible for any errors or inaccuracies resulting from the failure to do so. Neither the Architect nor the Commission Representative will be responsible for laying out the Work. 4. The Design-Builder is responsible for the coordination of the various parts of the Work so that no part is left in an unfinished or incomplete condition owing to any disagreement between the various Subcontractors or any of the Subcontractors and the Design-Builder. 5. The Design-Builder must require each Subcontractor to become familiar with all provisions of the Contract Documents that may affect Subcontractor’s work. 6. The Design-Builder shall at all times be responsible for the performance of the Work by its Subcontractors. The Design-Builder will manage and coordinate the Work of Subcontractors such that the Work progresses in an efficient, orderly and timely manner. In the event of any claim or dispute between Subcontractors, or any Subcontractor and Design-Builder, Design-Builder shall manage the resolution of any such claim or dispute. The Design-Builder shall at all times deal with its Subcontractors in good faith, and use all reasonable efforts to resolve claims or disputes in a prompt, cost-effective manner. 7. In the event that, in the reasonable opinion of the Commission Representative, the performance of personnel of the Design-Builder assigned to the Work is at an unacceptable level, or does not comply with Section 9.01 “Competency of Workers” of the Contract, the Commission Representative may provide a written notice to the Design-Builder. Upon receipt of the notice, such personnel must cease to be assigned to this Work and must return to the Design-Builder. The Design-Builder must then furnish to the Commission Representative the name of a proposed substitute person or persons, in accordance with paragraph 2 of this section for approval by the Commission Representative. Absence of sufficient qualified personnel for the Work constitutes an event of default. 8. The Work is under the charge and care of the Design-Builder until Final Completion and Acceptance of the Work by the Commission, unless otherwise specified in the Contract Documents. The Design-Builder assumes all responsibility for injury or damage of the Work by action of elements, fire or any other causes whatsoever, including, injury or damage arising from the execution or non-execution of the Work. The Design-Builder must rebuild, repair, restore, and make good, at no additional cost to the Commission, all injuries or damages to any portion of its Work before Final Completion and Acceptance of the Work. When equipment or materials are furnished to the Design-Builder by the Commission for use or inclusion in the Work, the Design-Builder’s responsibility for safeguarding all such equipment and materials must be the same as for equipment and materials furnished by Design-Builder. 9. The Work will not be considered complete and accepted until the Design-Builder receives written notice from the Commission confirming the Final Completion and Acceptance of the Work.

Design-Builder. 1The DESIGN/BUILDER agrees to perform the work specified according to professional architectural and engineering standards and good quality construction industry standards, practices, and procedures. He agrees to inform the Construction Manager in writing of any discrepancy or errors between the contract documents and with actual on-site conditions. The Design-Builder must perform everything required to be performed and provide all of the labor, necessary tools, machinery, materials, schedules and other documents and all facilities for the construction of the Project as described herein and other work necessary to perform and complete in a workmanlike manner, and within the specified time, all of the Work in strict accordance with the Contract Documents. Design-Builder DESIGN/BUILDER is solely responsible for selecting the means, methods, techniques, sequences, and procedures used in performing the Work. 2. The Design-Builder must begin the Work on the date specified in the Notice to Proceed. In addition, upon receipt of Notice to Proceed, the Design-Builder must assign and maintain during the term of the Contract and any extension of it, an adequate staff of competent personnel who are fully equipped, licensed as appropriate, available as needed, and qualified to perform the Work. The Design-Builder must include among the staff such personnel and positions as may be required by the Contract Documents. 3. The Design-Builder is solely responsible for properly laying out the Work, and for all lines, elevations and measurements for all of the Work executed work performed under the Contract Documentscontract. The DesignContinuous on-Builder must verify the figures shown on the Drawings before laying out the Work and will site qualified supervision agrees to be held responsible for any errors or inaccuracies resulting from the failure to do so. Neither the Architect nor the Commission Representative will be responsible for laying out the Work. 4. The Design-Builder is responsible for the coordination of the various parts of the Work so that no part is left in an unfinished or incomplete condition owing to any disagreement between the various Subcontractors or any of the Subcontractors and the Design-Builder. 5. The Design-Builder must require each Subcontractor to become familiar with all provisions of the Contract Documents that may affect Subcontractor’s work. 6. The Design-Builder shall at all times be responsible for provided during the performance of work. Work shall be performed according to the Work by its Subcontractorsdimensions, and site location described on the approved drawings. The Design-Builder will manage and coordinate the Work of Subcontractors such that the Work progresses in an efficientDESIGN/BUILDER agrees to provide all labor, orderly and timely manner. In the event of any claim or dispute between Subcontractors, or any Subcontractor and Design-Builder, Design-Builder shall manage the resolution of any such claim or dispute. The Design-Builder shall at all times deal with its Subcontractors in good faithmaterials, and use all reasonable efforts to resolve claims or disputes in a prompt, cost-effective manner. 7. In the event that, in the reasonable opinion equipment necessary for performance of the Commission Representative, the performance of personnel of the Design-Builder assigned to the Work is at an unacceptable level, or does not comply with Section 9.01 “Competency of Workers” of the Contract, the Commission Representative may provide a written notice to the Design-Builder. Upon receipt of the notice, such personnel must cease to be assigned to this Work and must return to the Design-Builder. The Design-Builder must then furnish to the Commission Representative the name of a proposed substitute person or persons, in accordance with paragraph 2 of this section for approval by the Commission Representative. Absence of sufficient qualified personnel for the Work constitutes an event of default. 8. The Work is under the charge and care of the Design-Builder until Final Completion and Acceptance of the Work by the Commissionwork, unless otherwise specified in the Contract Documentscontract. Work shall be performed in a safe manner, using equipment that shall not endanger the lives of the operators or any person or property in the vicinity of the equipment. The Design-Builder assumes all responsibility for injury or damage equipment and/or materials provided shall be such as to ensure proper prosecution of the Work work in an acceptable manner and at a satisfactory rate of progress. The DESIGN/BUILDER agrees to enforce good order and conduct among his employees. Every employee shall be fitted or skilled in the performance of work assigned to him. The DESIGN/BUILDER agrees to warrant to the SYSTEM and the Construction Manager that all materials and equipment furnished under this contract shall be new, unless otherwise specified, and that all work, materials, and equipment provided shall be of good quality, free from faults and defects, and in conformance with the agreement. All work not so conforming to these standards may be considered defective or nonconforming. If required by action the Construction Manager, or the SYSTEM, the DESIGN/BUILDER agrees furnish satisfactory evidence as to the kind and quality of elementsmaterials and equipment. The DESIGN/BUILDER warrants that such installation, fire construction, materials, or equipment will perform to the standard of the item originally specified. The DESIGN/BUILDER explicitly warrants the merchantability, and the fitness for use and quality of all substituted items provided for or by him. The DESIGN/BUILDER shall agrees to, deliver, and transfer to the Construction Manager all warranties for review, who then will transfer same to the SYSTEM. The warranty provided in this section shall be in addition to and not in limitation of any other causes whatsoever, including, injury warranty or damage arising from the execution remedy provided by law or non-execution of the Work. The Design-Builder must rebuild, repair, restore, and make good, at no additional cost to the Commission, all injuries or damages to any portion of its Work before Final Completion and Acceptance of the Work. When equipment or materials are furnished to the Design-Builder by the Commission for use or inclusion contract documents. Work not conforming to these requirements shall be corrected in the Work, the Design-Builder’s responsibility for safeguarding all such equipment and materials must be the same as for equipment and materials furnished by Design-Builderaccordance with article 2.2.27. 9. The Work will not be considered complete and accepted until the Design-Builder receives written notice from the Commission confirming the Final Completion and Acceptance of the Work.