Design of the Works. 3.1 The Contractor acknowledges that it has checked the documents forming part of this Agreement prior to entering into it and has informed the Employer of any inaccuracies, discrepancies or ambiguities in them of which it is aware. If the Contractor shall find any inaccuracy, discrepancy or ambiguity contained in or between any of the documents forming part of this Agreement, it shall immediately notify the Employer’s Representative, who shall, on receipt of such notice, issue an Employer’s Instruction as to how such inaccuracy, discrepancy or ambiguity shall be resolved. The Contractor shall not be entitled to an extension of time or to any additional payment in respect of compliance with such instruction to the extent that such inaccuracy, discrepancy or ambiguity could reasonably have been found or foreseen at the date of this Agreement by a contractor exercising the skill, care and diligence reasonably to be expected of a contractor experienced in projects of a similar nature to the Works. No fitness for purpose obligation shall be implied by this Clause 3.1.
3.2 At such times as not to delay or disrupt the progress of the Works, the Contractor, without further charge, shall provide the Employer (unless it shall have been previously so provided) with reproducible copies (including in electronic format) true-to-scale of such of the Documents as is reasonably necessary to explain, amplify, show or describe the Works or to enable the Contractor to execute and complete the Works or to comply with any Employer’s Instruction. The number of copies required is as stated in the Appendix. The Responsibility for Detailed Design Contractor’s design warranties Sub- Contractor’s design Cap on Design Liability Contractor shall check and co-ordinate any such Documents submitted by it prior to submission of the same. The Contractor shall not commence construction in accordance with such Documents until the Employer’s Representative has consented thereto, and shall not be entitled to be paid for work executed other than in accordance with the Documents to which the Employer’s Representative has consented.
3.3 Neither the granting of any consent by the Employer nor any comment or marking by or on behalf of the Employer on or in respect of any of the Documents submitted by the Contractor shall relieve the Contractor of any liability which it would otherwise have in relation thereto. If the Contractor considers that any comment on the Documents submitted under Clause 3.2 ...
Design of the Works. The Participant is responsible for the design of the Works and must ensure the design of the Works:
(i) is conducted with the level of skill and care of a prudent and competent design professional;
(ii) complies with the regulatory requirements of the relevant State or Territory and local government in the jurisdiction in which the Works are to be conducted;
(iii) are fit for the purpose of the Designated Use on and from the date of achievement of Practical Completion for the Project, and throughout the Designated Use Period; and
(iv) complies with all Laws and required Approvals. The Participant must ensure that a Certificate of Occupancy is issued in respect of the Works on the achievement of Practical Completion. The Participant must develop, prepare and maintain copies of all documents necessary to complete the Works, including all documents that would be prepared by a prudent and competent design professional, in order to ensure the Works are, on the date of achievement of Practical Completion, fit for the purposes of the Designated Use, throughout the Designated Use Period.
Design of the Works. The Council shall be responsible for the design element of the Works at their own risk and cost and shall:
2.2.2.1 not appoint or continue to employ a CDM Co-ordinator (as defined in the CDM Regulations) for the Rail Related Works without obtaining and considering Network Rail’s comments thereon;
2.2.2.2 provide sufficient information to Network Rail as to the competency and experience in delivery of similar projects in the rail environment of any Contractor providing design services, to enable Network Rail to satisfy itself that its ability to operate a safe and efficient rail infrastructure will not be compromised;
2.2.2.3 consult with Network Rail to ensure that the design of the Works conforms with Network Rail’s requirements including, without limitation;
(i) those in Clause 2.2.1;
(ii) Network Rail’s signalling arrangements and the prevention of any adverse effects which may be caused by lighting on the Road and/or lights on vehicles using the Road;
(iii) those necessary to ensure that routine maintenance and examination of the Rail Related Works and the neighbouring part of the Railway Infrastructure can be carried out without the need for restrictions to the Railway so far as reasonably practicable;
(iv) such other conditions as Network Rail may impose for the protection and safety of the Railway and the safety of persons on or near the Railway Infrastructure;
2.2.2.4 consult with Network Rail to ensure that the design of the Works is such as to enable construction of the Works in a manner which minimises disruption to the Railway;
2.2.2.5 plan and execute the design of the Works so that the Works may be carried out in accordance with the requirements of any, Necessary Consents;
2.2.2.6 prepare and submit a Network Rail Approval in Principle Submission, to include without limitation all relevant drawings, to Network Rail for comment and subsequently amend the design criteria for the Works to take account of any such comments made by Network Rail on the Network Rail Approval in Principle Submission and submit further Network Rail Approval in Principle Submissions to Network Rail as may be required by Network Rail;
2.2.2.7 not authorise the commencement of the detailed design of the Rail Related Works until comment on the Network Rail Approval in Principle Submission has been given by Network Rail and the Works have been allocated a checking category in accordance with the Standards;
2.2.2.8 obtain the prior approval of Network Rail before appointing...
Design of the Works. 4.1 The Developer shall have the Design completed by a qualified engineering consultant and once approved by the County, provide the County with complete drawings of the Design stamped by the engineer.
Design of the Works. The Organisation is responsible for the design of the Works and must ensure the design of the Works:
(a) is conducted with the level of skill and care of a prudent and competent design professional;
(b) without limiting or affecting the Organisation's other obligations under this Agreement, complies with the regulatory requirements of the relevant State or Territory and local government in the jurisdiction which the Works are to be conducted;
(c) where the Property may be used (in whole or in part) for training purposes at any time during the Designated Use Period, takes into account the standards for training posts developed by the Royal Australia College of General Practitioners or the Australian College of Rural and Remote Medicine as they are relevant (or both as the case may be);
(d) complies with all Laws and required Approvals;
(e) is such that the Funds and all other contributions made or received by the Organisation will be sufficient for the completion of the Works (clause 8.4 requires the Organisation to warrant that the Funds, together with all other contributions made or received by the Organisation will be sufficient to ensure the completion of the Works);
(f) will ensure that the Works are fit for the purpose of use for the Designated Use on and from the Date of Practical Completion, and throughout the Designated Use Period; and
(g) will ensure that a Certificate of Occupancy will be issued in respect of the Works on their completion.
Design of the Works. The Organisation is responsible for the design of the Works and must ensure the design of the Works:
(a) is conducted with the level of skill and care of a prudent and competent design professional, being a registered and accredited architect, unless the Commonwealth otherwise approves;
(b) without limiting or affecting the Organisation's other obligations under this Agreement, complies with the regulatory requirements of the relevant State or Territory and local government in the jurisdiction which the Works are to be conducted;
(c) where the Property (in whole or in part), or building from which the Operations will be undertaken, may be used for training purposes at any time during the Designated Use Period, takes into account the standards for training posts developed by the Royal Australia College of General Practitioners or the Australian College of Rural and Remote Medicine as they are relevant (or both as the case may be);
(d) complies with all Laws and required Approvals;
(e) is such that the Funds and all other contributions made or received by the Organisation will be sufficient for the completion of the Works (clause 6.5 requires the Organisation to warrant that the Funds, together with all other contributions made or received by the Organisation will be sufficient to ensure the completion of the Works);
(f) will ensure that the Works are fit for the purpose of use for the Designated Use on and from the Commencement of Operations, and throughout the Designated Use Period; and
(g) will ensure that a Certificate of Fitness for Occupancy and Use will be issued in respect of the Works on their completion.
Design of the Works.
4.1 Responsibility for design of the Works
(a) RMS is responsible for the design of the Works.
(b) The parties each acknowledge that:
(i) prior to the Commencement Date, the Concept Design was prepared by or on behalf of the City in relation to the Works;
(ii) RMS has engaged designers in relation to the further development of the Concept Design and agrees to take on all risk and responsibility in relation to the Concept Design; and
(iii) the Detailed Design and Construction Documentation for the Works are intended to be developed and completed by or on behalf of RMS after the date of this Agreement.
(c) The parties acknowledge and agree that, as at the Commencement Date, the City has not prepared a concept design for the New Park Street Cycleway and Modification. RMS must prepare the Park Street Concept Design in consultation with the City in accordance with clause 4.2(a)(ii).
4.2 City’s role in design development RMS will:
(a) regularly consult with the City in relation to:
(i) any further development of the Concept Design (as required);
(ii) the development of the Park Street Concept Design; and
(iii) the development of the Detailed Design and the Construction Documentation;
(b) without limiting clause 4.2(a), RMS will meet regularly with the City for the purposes of the development of the Detailed Design and the Construction Documentation; and
(c) have regard to matters and concerns raised by the City to RMS in relation to the development of the Detailed Design and the Construction Documentation.
4.3 RMS design obligations RMS will, in accordance with its obligations under this Agreement, design the Works:
(a) subject to clause 4.10(a), in accordance with:
(i) the Minimum Design Criteria;
(ii) the City Codes and Standards; and
(iii) its other obligations under this Agreement;
(b) to ensure the completed Works will be safe for their intended use;
(c) exercising all skill, care and diligence and in accordance with best industry practice for equivalent work;
(d) using skilled design consultants with relevant expertise; and
(e) so that once complete, the Works will be structurally adequate and fit for the intended purpose as stated in this Agreement.
Design of the Works. The Design shall be approved by the County and shall be constructed pursuant to the criteria and standards of the County by the Operator. In the event that there are inconsistencies among the Design, and the Works is constructed and installed such that the Works does not meet the requirements of Schedule “A”, the Operator shall rectify the Works at its own cost. The Operator shall construct the Design as shown in Schedule “A” and provide the County with complete as-constructed drawings of the Design stamped by the engineer. The Operator shall complete the Traffic Plan/Construction Timing Schedule for the Works, which shall be subject to and include the following limitations: The Works once started must be completed within the same construction year, being not later than October 31st of that calendar year; The existing traffic lanes must be open to traffic at the end of each working day; and All open excavations adjacent to the through lanes must be backfilled and compacted to grade by the end of each working day. The Operator shall consult with the County as to the criteria, standards, and incidentals applicable to the Traffic Plan/Construction Timing Schedule prepared as contemplated in paragraph 5.01. The Traffic Plan/Construction Timing Schedule shall be finalized only when the County has consented to it in writing. The Operator shall follow the Traffic Plan/Construction Timing Schedule as closely and completely as possible. The Traffic Plan/Construction Timing Schedule will provide for an End Date. At all times when the County Right of Way is open to traffic during the construction and installation of the Works, the Operator shall be responsible for maintenance of the County Right of Way, keeping it in a state of repair. The Operator shall ensure that Ontario Regulation 239/02, Minimum Maintenance Standards for Municipal Highways under the Xxxxxxxxx Xxx, 0000, for a Class 2 roadway are met with respect to the maintenance of the County Right of Way during the construction and installation of the Works when it is open to the public traffic. This shall include but not necessarily be limited to maintenance duties respecting patrolling, potholes, shoulder drop-offs, cracks, debris, signage, and traffic control, In constructing, installing the Works and/or in carrying out any activities arising as a result of this Agreement, the Operator shall comply with all statutes, laws, by-laws, regulations, ordinances, orders and requirements of governmental or other p...
Design of the Works.
14.1 Instruction by the ALT
Design of the Works. 5.1 The Town shall have the Design completed by a qualified engineering consultant and once approved by the County, provide the County with complete drawings of the Design stamped by the engineer.
