Information and Services Required of the Owner. (a) The Owner shall furnish the most recent survey describing the physical characteristics, legal limits, utility locations, and a permanent benchmark for the site of the Project. The Owner shall also furnish any environmental site assessments that may have been given to the Owner or conducted for the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIAL. (b) Except for permits and fees which are provided for in Subparagraph 3.7(a), the Owner shall secure and pay for necessary approvals, easements, assessments, and charges required for construction, use, or occupancy of permanent structures or for permanent changes in existing facilities. (c) Information or services under the Owner’s control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Work. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest dates for submittal and approval, as required in Paragraph 3.10, including when such information or services must be delivered. If Owner delivers the information or services to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on such information or services, then Prime Contractor shall reimburse Owner for all extra costs incurred of holding, storage, or retention, including redeliveries by the Owner to comply with the current schedule. (d) Unless otherwise provided in the Contract Documents, the Prime Contractor will be furnished electronic copies of the Drawings and Specifications for bid purposes and one hard copy approved by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproduction. (e) The obligations described above are in addition to other duties and responsibilities of the Owner enumerated in the Contract Documents and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion), and Article 11 (Insurance and Bonds). (f) The Owner shall forward all instructions to the Prime Contractor through the Architect/Engineer, except for the Owner's Notice to Proceed and the Owner’s decision to carry out Work as described in Paragraph 2.4. (g) The Owner’s employees, agents, and consultants may be present at the Project site during performance of the Work to assist the Architect/Engineer in the performance of the Architect/Engineer’s duties and to verify the Prime Contractor’s record of the number of workmen employed on the Work, their occupational classification, the time each is engaged in the Work, the equipment used in the performance of the Work, and for purpose of verification of Prime Contractor’s Applications for Payment.
Appears in 8 contracts
Samples: Construction Contract, Construction Contract, Contract
Information and Services Required of the Owner. (a) The Owner shall furnish the most recent survey describing the physical characteristics, legal limits, utility locations, and a permanent benchmark for the site of the Project. The Owner shall also furnish any environmental site assessments that may have been given to the Owner or conducted for the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIAL.
(b) § 2.3.1 Except for permits and fees which that are provided for in Subparagraph 3.7(a)the responsibility of the Contractor or Subcontractors under the Contract Documents or applicable law, including those required under Section 3.7.1, the Owner or the Architect shall secure and the Owner shall pay for the building permit, development fees, plan check fees, system development charges, road approach and right-of-way permits, air discharge permits and other similar necessary permits, approvals, easements, assessments, assessments and charges required for construction, use, use or occupancy of permanent structures or for permanent changes in existing facilities.
(c) Information § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or services an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number.
§ 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor whose status under the Contract Documents shall be that of the Architect, but who need not be licensed to practice architecture.
§ 2.3.4 Contractor shall confirm the location of each utility, shall excavate and where necessary dispose of each onsite utility and shall cap offsite utility as required by the Work and as may be included in the Specifications. At the Owner’s control request, Contractor shall be furnished by make available to the Owner with reasonable promptness to avoid delay the results of any site investigation, test borings, analyses, studies, or other tests conducted by or in possession of Contractor or any of its agents. The Contractor shall confirm indicated dimensions and other aspects of existing conditions at the orderly progress Project site as necessary for the proper performance of the Work. It is incumbent upon The Contractor may rely only on the Prime Contractor to identify, establishaccuracy of the technical information contained in surveys and other reports furnished by the Owner, and maintain a current schedule of latest dates for submittal and approval, as required in Paragraph 3.10, including when such information or services must be delivered. If Owner delivers the information or services only to the Prime extent Contractor as scheduled and Prime Contractor is does not prepared have knowledge of information to accept or act on such information or services, then Prime the contrary. Contractor shall reimburse Owner exercise special care in executing the subsurface work in proximity of known subsurface utilities, improvements and easements.
§ 2.3.4.1 The Contractor shall be responsible for determining, prior to commencement of the Work, the locations of all extra costs incurred of holdingunderground utility lines, storagecables, pipelines and similar such underground public service installations within and serving the Project site, utilizing utility locating services or other means permitted by law. The Contractor shall coordinate with utility and other involved third-party representatives regarding utility locations and related issues, and shall hand excavate or otherwise take special precautions so as to perform the Work in such a manner as to avoid damaging, or retentioninterrupting the operation of, including redeliveries by all utility lines, cables, pipelines and similar public service installations within and serving the Owner to comply with the current scheduleProject site, whether above ground or underground.
§ 2.3.5 The Owner shall furnish to the Contractor one (d1) Unless otherwise provided in reproducible copy of the Contract Documents, Drawings and Specifications at no cost to the Prime Contractor will be furnished electronic Contractor. The Contractor’s cost of reproducing or obtaining additional copies of the Drawings and Specifications for bid purposes and one hard copy approved by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproduction.
(e) The obligations described above as are in addition to other duties and responsibilities of the Owner enumerated in the Contract Documents and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion), and Article 11 (Insurance and Bonds).
(f) The Owner shall forward all instructions to the Prime Contractor through the Architect/Engineer, except required for the Owner's Notice to Proceed and the Owner’s decision to carry out Work as described in Paragraph 2.4.
(g) The Owner’s employees, agents, and consultants may be present at the Project site during performance of the Work to assist the Architect/Engineer shall be included in the performance Contract Sum.
§ 2.3.6 The Contractor agrees that the Owner shall have no obligation to deliver copies of notices of right to a lien received by the Owner from parties purporting to be performing or furnishing Work under the Contract or on the Project, and that the Owner’s non-delivery of copies of such notices to the Contractor shall have no effect on the obligations of the Architect/Engineer’s duties Contractor to hold harmless and to verify indemnify the Prime Contractor’s record of Owner for mechanics’, material suppliers’, design professionals’, construction or similar liens as required by the number of workmen employed on the Work, their occupational classification, the time each is engaged in the Work, the equipment used in the performance of the Work, and for purpose of verification of Prime Contractor’s Applications for PaymentContract or applicable law.
Appears in 6 contracts
Samples: Standard Form of Agreement Between Owner and Contractor, Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Contractor
Information and Services Required of the Owner. (a) § 7.2.1 The Owner shall furnish information or services required of the most recent survey Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing the physical characteristics, legal limits, limitations and utility locations, and a permanent benchmark locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
§ 7.2.7 Prior to the execution of the Design-Build Amendment, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Design-Build Documents and the Design-Builder’s Proposal. Thereafter, the Design-Builder may only request such evidence if (1) the Owner fails to make payments to the Design-Builder as the Design-Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Design-Builder identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall also furnish any environmental site assessments that may have been given such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner or conducted for furnishes the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIAL.
(b) Except for permits and fees which are provided for in Subparagraph 3.7(a)evidence, the Owner shall secure and pay for necessary approvals, easements, assessments, and charges required for construction, use, or occupancy of permanent structures or for permanent changes in existing facilitiesnot materially vary such financial arrangements without prior notice to the Design-Builder.
(c) Information or services under the Owner’s control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Work. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest dates for submittal and approval, § 7.2.8 Except as required in Paragraph 3.10, including when such information or services must be delivered. If Owner delivers the information or services to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on such information or services, then Prime Contractor shall reimburse Owner for all extra costs incurred of holding, storage, or retention, including redeliveries by the Owner to comply with the current schedule.
(d) Unless otherwise provided in the Contract DocumentsDesign-Build Documents or when direct communications have been specially authorized, the Prime Contractor will be furnished electronic copies of Owner shall communicate through the Drawings and Specifications for bid purposes and one hard copy approved Design-Builder with persons or entities employed or retained by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproductionDesign-Builder.
(e) The obligations described above are in addition § 7.2.9 Unless required by the Design-Build Documents to other duties and responsibilities of be provided by the Design-Builder, the Owner enumerated in shall, upon request from the Contract Documents Design-Builder, furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and especially those in respect water conditions when such services are reasonably necessary to Article 6 (Construction properly carry out the design services furnished by Owner or by Separate Contractors)the Design-Builder. In such event, Article 9 (Payments the Design-Builder shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and Completion)resistivity tests, and Article 11 (Insurance necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and Bonds)submission of all appropriate reports and professional recommendations.
(f) § 7.2.10 The Owner shall forward all instructions to the Prime Contractor through the Architect/Engineer, except for the Owner's Notice to Proceed purchase and the Owner’s decision to carry out Work maintain insurance as described set forth in Paragraph 2.4.
(g) The Owner’s employees, agents, and consultants may be present at the Project site during performance of the Work to assist the Architect/Engineer in the performance of the Architect/Engineer’s duties and to verify the Prime Contractor’s record of the number of workmen employed on the Work, their occupational classification, the time each is engaged in the Work, the equipment used in the performance of the Work, and for purpose of verification of Prime Contractor’s Applications for Payment.Exhibit B.
Appears in 4 contracts
Samples: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. (a) The Owner shall furnish the most recent survey describing the physical characteristics, legal limits, utility locations, and a permanent benchmark for the site of the Project. The Owner shall also furnish any environmental site assessments that may have been given to the Owner or conducted for the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIAL.
(b) Except for permits and fees which are provided for in Subparagraph 3.7(a), the Owner shall secure and pay for necessary approvals, easements, assessments, and charges required for construction, use, or occupancy of permanent structures or for permanent changes in existing facilities.
(c) Information or services under the Owner’s control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Work. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest dates for submittal and approval, as required in Paragraph 3.10, including when such information or services must be delivered. If Owner delivers the information or services to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on such information or services, then Prime Contractor shall reimburse Owner for all extra costs incurred of holding, storage, or retention, including redeliveries by the Owner to comply with the current schedule.
(d) Unless otherwise provided in the Contract Documents, the Prime Contractor will be furnished electronic copies of the Drawings and Specifications for bid purposes and one hard copy approved by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproduction.
(e) The obligations described above are in addition to other duties and responsibilities of the Owner enumerated in the Contract Documents and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion), and Article 11 (Insurance and Bonds).
(f) The Owner shall forward all instructions to the Prime Contractor through the Architect/Engineer, except for the Owner's Notice to Proceed and the Owner’s decision to carry out Work as described in Paragraph 2.4.
(g) The Owner’s employees, agents, and consultants may be present at the Project site during performance of the Work to assist the Architect/Engineer in the performance of the Architect/Engineer’s duties and to verify the Prime Contractor’s record of the number of workmen employed on the Work, their occupational classification, the time each is engaged in the Work, the equipment used in the performance of the Work, and for purpose of verification of Prime Contractor’s Applications for Payment.
Appears in 2 contracts
Samples: Construction Contract, Contract
Information and Services Required of the Owner. (a) § 7.2.1 The Owner shall furnish information or services required of the most recent survey Owner by the Design-Build Documents with reasonable promptness.
§ 7.2.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing the physical characteristics, legal limits, limitations and utility locations, and a permanent benchmark locations for the site of the Project, and a legal description of the site under the Owner’s control.
§ 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
§ 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections.
§ 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in
§ 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
§ 7.2.7 Prior to the execution of the Design-Build Amendment, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Design-Build Documents and the Design-Builder’s Proposal. Thereafter, the Design-Builder may only request such evidence if (1) the Owner fails to make payments to the Design-Builder as the Design-Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Design-Builder identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall also furnish any environmental site assessments that may have been given such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner or conducted for furnishes the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIAL.
(b) Except for permits and fees which are provided for in Subparagraph 3.7(a)evidence, the Owner shall secure and pay for necessary approvals, easements, assessments, and charges required for construction, use, or occupancy of permanent structures or for permanent changes in existing facilitiesnot materially vary such financial arrangements without prior notice to the Design-Builder.
(c) Information or services under the Owner’s control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Work. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest dates for submittal and approval, § 7.2.8 Except as required in Paragraph 3.10, including when such information or services must be delivered. If Owner delivers the information or services to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on such information or services, then Prime Contractor shall reimburse Owner for all extra costs incurred of holding, storage, or retention, including redeliveries by the Owner to comply with the current schedule.
(d) Unless otherwise provided in the Contract DocumentsDesign-Build Documents or when direct communications have been specially authorized, the Prime Contractor will be furnished electronic copies of Owner shall communicate through the Drawings and Specifications for bid purposes and one hard copy approved Design-Builder with persons or entities employed or retained by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproductionDesign-Builder.
(e) The obligations described above are in addition § 7.2.9 Unless required by the Design-Build Documents to other duties and responsibilities of be provided by the Design-Builder, the Owner enumerated in shall, upon request from the Contract Documents Design-Builder, furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and especially those in respect water conditions when such services are reasonably necessary to Article 6 (Construction properly carry out the design services furnished by Owner or by Separate Contractors)the Design-Builder. In such event, Article 9 (Payments the Design-Builder shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and Completion)resistivity tests, and Article 11 (Insurance necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and Bonds)submission of all appropriate reports and professional recommendations.
(f) § 7.2.10 The Owner shall forward all instructions to the Prime Contractor through the Architect/Engineer, except for the Owner's Notice to Proceed purchase and the Owner’s decision to carry out Work maintain insurance as described set forth in Paragraph 2.4.
(g) The Owner’s employees, agents, and consultants may be present at the Project site during performance of the Work to assist the Architect/Engineer in the performance of the Architect/Engineer’s duties and to verify the Prime Contractor’s record of the number of workmen employed on the Work, their occupational classification, the time each is engaged in the Work, the equipment used in the performance of the Work, and for purpose of verification of Prime Contractor’s Applications for Payment.Exhibit B.
Appears in 2 contracts
Samples: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder
Information and Services Required of the Owner. § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. Thereafter, the Contractor may only request such evidence if (a1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish the most recent survey describing the physical characteristics, legal limits, utility locations, and such evidence as a permanent benchmark for the site condition precedent to commencement or continuation of the ProjectWork or the portion of the Work affected by a material change. The After the Owner furnishes the evidence, the Owner shall also furnish any environmental site assessments that may have been given not materially vary such financial arrangements without prior notice to the Owner or conducted for the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIALContractor.
(b) § 2.2.2 Except for permits and fees which that are provided for in Subparagraph 3.7(a)the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments, assessments and charges required for construction, use, use or occupancy of permanent structures or for permanent changes in existing facilities.
(c) Information or services under § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the Owner’s control Project Site, and a legal description of the Project Site. The Contractor shall be entitled to reasonably rely on the accuracy of information furnished by the Owner, as provided in the Contract Documents, but shall exercise proper precautions relating to the safe performance of the Work.
§ 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness after receipt of a written request from the Contractor to avoid delay in the orderly progress of the Work. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest dates for submittal and approval, as required in Paragraph 3.10, including when such The Owner shall also furnish any other information or services must be delivered. If Owner delivers under the information or services Owner’s control and relevant to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. In the event Owner fails to timely provide information requested by Contractor pursuant to this Section 2.2.4, then Prime and such failure causes an actual delay to the critical path of the Project schedule, such failure shall constitute a delay entitling Contractor to relief pursuant to Article 8 hereof, and Contractor shall reimburse Owner for all extra costs incurred have the right to make a claim pursuant to Section 15.1 below. Notwithstanding the foregoing, any delay that reasonably could have been avoided or mitigated by actions consistent with the Performance Expectations by Contractor, Subcontractors, any person or entity acting on behalf of holdingContractor or the Subcontractors, storageanyone employed by any them, or retentionanyone for whose acts they may be liable (each, including redeliveries by a “Contractor Party”, and collectively the Owner “Contractor Parties”), shall not constitute a delay entitling Contractor to comply with the current schedulerelief pursuant to Article 8 hereof.
(d) § 2.2.5 Unless otherwise provided in the Contract Documents, the Prime Owner shall furnish to the Contractor will be furnished electronic one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. All other copies of the Drawings and Specifications for bid purposes and one hard copy approved by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproduction.
(e) The obligations described above are in addition to other duties and responsibilities of the Owner enumerated in the Contract Documents and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion), and Article 11 (Insurance and Bonds).
(f) The Owner shall forward all instructions to the Prime Contractor through the Architect/Engineer, except for the Ownerbe at Contractor's Notice to Proceed and the Owner’s decision to carry out Work as described in Paragraph 2.4.
(g) The Owner’s employees, agents, and consultants may be present at the Project site during performance of the Work to assist the Architect/Engineer in the performance of the Architect/Engineer’s duties and to verify the Prime Contractor’s record of the number of workmen employed on the Work, their occupational classification, the time each is engaged in the Work, the equipment used in the performance of the Work, and for purpose of verification of Prime Contractor’s Applications for Payment.sole cost an
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Contractor
Information and Services Required of the Owner. (a) 2.2.1 The Owner shall furnish the most recent survey surveys describing the physical characteristics, legal limits, limitations and utility locations, and a permanent benchmark locations for the site of the Project, and a legal description of the site. Any existing utilities shown on the drawings have been located utilizing the best information available at the time. The Owner Contractor shall also furnish field verify exact locations and/or depths prior to beginning any environmental site assessments that may have been given construction, and shall perform any Work in such a manner so as to avoid damaging any such utilities. Any damage to any utilities shall be repaired or replaced to the Owner or conducted for utility company's satisfaction by the property upon which Contractor at no additional cost to the Project is Owner. All repairs shall be made immediately to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIALrestore all service.
(b) 2.2.2 Except for permits and fees which are provided for in Subparagraph 3.7(a)the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments, assessments and charges required for construction, use, use or occupancy of permanent structures or for permanent changes in existing facilities.
(c) 2.2.3 Information or services under required of the Owner’s control Owner hereunder shall be furnished by the Owner with reasonable promptness to avoid delay in after receipt from the orderly progress Contractor of the Work. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest dates written request for submittal and approval, as required in Paragraph 3.10, including when such information or services must be delivered. If Owner delivers the information or services to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on such information or services, then Prime Contractor shall reimburse Owner for all extra costs incurred of holding, storage, or retention, including redeliveries by the Owner to comply with the current schedule.
(d) Unless otherwise provided in the Contract Documents, the Prime 2.2.4 The Contractor will be furnished electronic copies furnished, for construction purposes, free of the charge, a maximum of thirty (30) sets of Drawings and Specifications for bid purposes Project Manuals, including any and one hard copy approved all addenda. Additional complete or partial sets may be purchased by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the at cost of additional printing or reproduction, postage and handling.
(e) 2.2.5 The obligations described above bench mark will be furnished to the Contractor for vertical elevation control. All other lines, levels and supplemental bench marks are to be established and maintained by the Contractor.
2.2.6 The foregoing are in addition to other duties and responsibilities of the Owner enumerated in the Contract Documents herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion), ) and Article 11 (Insurance and Bonds).
(f) 2.2.7 The Contractor stipulates and agrees that the Owner shall forward all instructions has no duty to discover any design errors or omission in the Prime Contractor through the Architect/EngineerDrawings, except for the Owner's Notice to Proceed Plans, Specifications and the Owner’s decision to carry out Work as described in Paragraph 2.4.
(g) The Owner’s employees, agentsother Construction Documents, and consultants may be present at has no duty to notify Contractor of same. By entering into the Project site during performance Contract Documents or any Agreement with any Architect, Owner does not warrant the adequacy and accuracy of the Work to assist the Architect/Engineer in the performance of the Architect/Engineer’s duties and to verify the Prime Contractor’s record of the number of workmen employed on the Workany Drawings, their occupational classificationPlans, the time each is engaged in the Work, the equipment used in the performance of the Work, and for purpose of verification of Prime Contractor’s Applications for PaymentSpecifications or other Contract Documents.
Appears in 1 contract
Samples: General Contract
Information and Services Required of the Owner. § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. Thereafter, the Contractor may only request such evidence if (a1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish the most recent survey describing the physical characteristics, legal limits, utility locations, and such evidence as a permanent benchmark for the site condition precedent to commencement or continuation of the ProjectWork or the portion of the Work affected by a material change. The After the Owner furnishes the evidence, the Owner shall also furnish any environmental site assessments that may have been given not materially vary such financial arrangements without prior notice to the Owner or conducted for the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIALContractor.
(b) § 2.2.2 Except for permits and fees which that are provided for in Subparagraph 3.7(a)the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments, assessments and charges required for construction, use, use or occupancy of permanent structures or for permanent changes in existing facilities.
(c) Information or services under § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the Owner’s control Project Site, and a legal description of the Project Site. The Contractor shall be entitled to reasonably rely on the accuracy of information furnished by the Owner, as provided in the Contract Documents, but shall exercise proper precautions relating to the safe performance of the Work.
§ 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness after receipt of a written request from the Contractor to avoid delay in the orderly progress of the Work. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest dates for submittal and approval, as required in Paragraph 3.10, including when such The Owner shall also furnish any other information or services must be delivered. If Owner delivers under the information or services Owner’s control and relevant to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. In the event Owner fails to timely provide information requested by Contractor pursuant to this Section 2.2.4, then Prime and such failure causes an actual delay to the critical path of the Project schedule, such failure shall constitute a delay entitling Contractor to relief pursuant to Article 8 hereof, and Contractor shall reimburse Owner for all extra costs incurred have the right to make a claim pursuant to Section 15.1 below. Notwithstanding the foregoing, any delay that reasonably could have been avoided or mitigated by actions consistent with the Performance Expectations by Contractor, Subcontractors, any person or entity acting on behalf of holdingContractor or the Subcontractors, storageanyone employed by any them, or retentionanyone for whose acts they may be liable (each, including redeliveries by a “Contractor Party”, and collectively the Owner “Contractor Parties”), shall not constitute a delay entitling Contractor to comply with the current schedulerelief pursuant to Article 8 hereof.
(d) § 2.2.5 Unless otherwise provided in the Contract Documents, the Prime Owner shall furnish to the Contractor will be furnished electronic one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. All other copies of the Drawings and Specifications for bid purposes or other Contract Documents shall be at Contractor's sole cost and one hard copy approved by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproductionexpense.
(e) The obligations described above are in addition to other duties and responsibilities of the Owner enumerated in the Contract Documents and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion), and Article 11 (Insurance and Bonds).
(f) § 2.2.6 The Owner shall forward all instructions may provide surveys, soils and analyses, environmental testing and other information to the Prime Contractor through concerning the Architect/Engineer, except for the Owner's Notice to Proceed and the Owner’s decision to carry out Work as described in Paragraph 2.4.
(g) The Owner’s employees, agents, and consultants may be present existing conditions at the Project site during performance of Site. The Contractor may rely on such information to the Work to assist extent doing so is reasonable in accordance with the Architect/Engineer in the performance of the Architect/Engineer’s duties and to verify the Prime Contractor’s record of the number of workmen employed on the Work, their occupational classificationPerformance Expectations; however, the time each is engaged in the WorkOwner does not warrant or guarantee, and shall not be responsible for or liable for, the equipment used in correctness, accuracy or completeness of any such information or any conclusions drawn therefrom by the performance of the Work, and for purpose of verification of Prime Contractor’s Applications for Payment.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Contractor
Information and Services Required of the Owner. (a) 7.2.1 The Owner shall furnish information or services required of the most recent survey Owner by the Contract Documents with reasonable promptness.
7.2.2 Upon written request of the Contractor, the Owner shall provide, to the extent under the Owner’s control and if not required by the Contract Documents to be provided by the Contractor, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Contractor, the Owner shall also provide surveys describing the physical characteristics, legal limits, limitations and utility locations, and a permanent benchmark locations for the site of the Project, and a legal description of the site under the Owner’s control.
7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the completed Project. The Contractor shall promptly obtain easements (including but not limited to swing-way easements) and other property rights required for construction of the Project.
7.2.4 The Owner shall cooperate with the Contractor in securing building and other permits, licenses and inspections.
7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner’s expense, and except as otherwise specifically provided in this Contract or elsewhere in the Contract Documents or to the extent the Owner advises the Contractor to the contrary in writing, the Contractor shall be entitled to reasonably rely upon the accuracy and completeness thereof. In no event shall the Contractor be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
7.2.5.1 Notwithstanding the provisions of Section 7.2.5, the Contractor shall be responsible for determining, prior to commencement of the Work, the locations of all underground utility lines, cables, pipelines and similar such underground public service installations within and serving the Project site, utilizing utility locating services or other means permitted by law. The Contractor shall coordinate with utility and other involved third party representatives regarding utility locations and related issues, and shall hand excavate or otherwise take special precautions so as to perform the Work in such a manner as to avoid damaging, or interrupting the operation of, all utility lines, cables, pipelines and similar public service installations within and serving the Project site, whether above ground or underground.
7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Contract Documents, the Owner shall give prompt written notice thereof to the Contractor.
7.2.7 Prior to the execution of the Pricing Amendment, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract Documents and the Contractor’s Proposal. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall also furnish any environmental site assessments that may have been given such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner or conducted for furnishes the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIAL.
(b) Except for permits and fees which are provided for in Subparagraph 3.7(a)evidence, the Owner shall secure and pay for necessary approvals, easements, assessments, and charges required for construction, use, or occupancy of permanent structures or for permanent changes in existing facilitiesnot materially vary such financial arrangements without prior notice to the Contractor.
(c) Information or services under the Owner’s control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Work. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest dates for submittal and approval, 7.2.8 Except as required in Paragraph 3.10, including when such information or services must be delivered. If Owner delivers the information or services to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on such information or services, then Prime Contractor shall reimburse Owner for all extra costs incurred of holding, storage, or retention, including redeliveries by the Owner to comply with the current schedule.
(d) Unless otherwise provided in the Contract DocumentsDocuments or when direct communications have been specially authorized, the Prime Owner shall communicate through the Contractor with persons or entities employed or retained by the Contractor.
7.2.9 Contractor acknowledges that Owner does not make any representation or warranty with respect to the accuracy or completeness of documents or information (including oral statements) or opinions provided to Contractor by Owner, any of Owner’s Separate Contractors, or anyone else with whom Owner contracts for the Work. Contractor represents and warrants that it has not and will be furnished electronic not, and will instruct its Subcontractors to not, rely on Owner for any information, data, inferences or conclusions.
7.2.10 The Contractor agrees that the Owner shall have no obligation to deliver copies of the Drawings and Specifications for bid purposes and one hard copy approved notices of right to a lien received by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproduction.
(e) The obligations described above are in addition to other duties and responsibilities of the Owner enumerated in from parties purporting to be performing or furnishing Work under the Contract Documents and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion)on the Project, and Article 11 (Insurance and Bonds).
(f) The Owner shall forward all instructions to the Prime Contractor through the Architect/Engineer, except for the Owner's Notice to Proceed and that the Owner’s decision failure to carry out Work as described in Paragraph 2.4.
(g) The Owner’s employees, agents, and consultants may be present at deliver copies of such notices to the Project site during performance Contractor shall have no effect on the obligations of the Work Contractor to assist hold harmless and indemnify the Architect/Engineer in Owner for mechanics’, material suppliers’, design professionals’, construction or similar liens as required by the performance of the Architect/Engineer’s duties and to verify the Prime Contractor’s record of the number of workmen employed on the Work, their occupational classificationContract or applicable law. However, the time each is engaged in Owner shall make a good faith attempt to deliver promptly to the Work, Contractor copies of notices of right to a lien received by the equipment used in Owner from parties purporting to be performing or furnishing Work under the performance of the Work, and for purpose of verification of Prime Contractor’s Applications for PaymentContract.
Appears in 1 contract
Samples: Engineering, Procurement, and Construction Agreement
Information and Services Required of the Owner. (a) The Owner shall furnish the most recent survey describing the physical characteristics, legal limits, utility locations, and a permanent benchmark for the site of the Project. The Owner shall also furnish any environmental site assessments that may have been given to the Owner or conducted for the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIAL.
(b) Except for permits and fees which are provided for in Subparagraph 3.7(a), the Owner shall secure and pay for necessary approvals, easements, assessments, and charges required for construction, use, or occupancy of permanent structures or for permanent changes in existing facilities.
(c) Information or services under the Owner’s control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Work. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest dates for submittal and approval, as required in Paragraph 3.10, including when such information or services must be delivered. If Owner delivers the information or services to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on such information or services, then Prime Contractor shall reimburse Owner for all extra DocuSign Envelope ID: 0B2E709F-1B68-46D3-B102-6A54CF462BF3 costs incurred of holding, storage, or retention, including redeliveries by the Owner to comply with the current schedule.
(d) Unless otherwise provided in the Contract Documents, the Prime Contractor will be furnished electronic copies of the Drawings and Specifications for bid purposes and one hard copy approved by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproduction.
(e) The obligations described above are in addition to other duties and responsibilities of the Owner enumerated in the Contract Documents and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion), and Article 11 (Insurance and Bonds).
(f) The Owner shall forward all instructions to the Prime Contractor through the Architect/Engineer, except for the Owner's Notice to Proceed and the Owner’s decision to carry out Work as described in Paragraph 2.4.
(g) The Owner’s employees, agents, and consultants may be present at the Project site during performance of the Work to assist the Architect/Engineer in the performance of the Architect/Engineer’s duties and to verify the Prime Contractor’s record of the number of workmen employed on the Work, their occupational classification, the time each is engaged in the Work, the equipment used in the performance of the Work, and for purpose of verification of Prime Contractor’s Applications for Payment.
Appears in 1 contract
Information and Services Required of the Owner. (a) The If requested by the Contractor, the Owner shall furnish the most recent survey describing the physical characteristics, legal limits, utility locations, all necessary surveys and a permanent benchmark for the site legal description of the Projectsite. The Owner shall also furnish any environmental site assessments that may have been given to the Owner or conducted for the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIAL.
(b) Except for permits and fees which that are provided for in Subparagraph 3.7(a)the responsibility of the Contractor under the Contract Documents, the Owner shall secure obtain and pay for other necessary approvals, easements, assessments, and charges required for constructioncharges. Owner’s Right to Stop the Work If the Contractor fails to correct Work which is not in accordance with the Contract Documents, usethe Owner may direct the Contractor in writing to stop the Work until the correction is made. Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Contract Sum shall be adjusted to deduct the cost of correction from payments due the Contractor. Owner’s Right to Perform Construction and to Award Separate Contracts The Owner reserves the right to perform construction or occupancy of permanent structures or for permanent changes in existing facilities.
(c) Information or services under operations related to the Project with the Owner’s control 's own forces, and to award separate contracts in connection with other portions of the Project. The Contractor shall coordinate and cooperate with the Owner's own forces and separate contractors employed by the Owner. Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. - CONTRACTOR Review of Contract Documents and Field Conditions by Contractor Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner Owner. Before commencing activities, the Contractor shall (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with reasonable promptness the Contract Documents; and (3) promptly report errors, inconsistencies or omissions discovered to avoid delay in the orderly progress A/E. Contractor’s Construction Schedule The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and A/E's information a Contractor's construction schedule for the Work. Supervision and Construction Procedures The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest dates for submittal and approvalThe Contractor, as required soon as practicable after award of the Contract, shall furnish in Paragraph 3.10, including when such information or services must be delivered. If Owner delivers the information or services writing to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept Owner through the A/E the names of subcontractors or act on such information or services, then Prime suppliers for each portion of the Work. The Contractor shall reimburse Owner for all extra costs incurred of holding, storage, not contract with any subcontractor or retention, including redeliveries by supplier to whom the Owner to comply with the current schedule.
(d) or A/E have made a timely and reasonable objection. Labor and Materials Unless otherwise provided in the Contract Documents, the Prime Contractor will be furnished electronic copies of the Drawings shall provide and Specifications pay for bid purposes and one hard copy approved by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproduction.
(e) The obligations described above are in addition to other duties and responsibilities of the Owner enumerated in the Contract Documents and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors)labor, Article 9 (Payments and Completion)materials, equipment, tools, utilities, transportation, and Article 11 (Insurance other facilities and Bonds).
(f) The Owner shall forward all instructions to the Prime Contractor through the Architect/Engineer, except services necessary for the Owner's Notice to Proceed proper execution and the Owner’s decision to carry out Work as described in Paragraph 2.4.
(g) The Owner’s employees, agents, and consultants may be present at the Project site during performance of the Work to assist the Architect/Engineer in the performance of the Architect/Engineer’s duties and to verify the Prime Contractor’s record of the number of workmen employed on the Work, their occupational classification, the time each is engaged in the Work, the equipment used in the performance completion of the Work, . The Contractor shall enforce strict discipline and for purpose good order among the Contractor's employees and other persons carrying out the Contract Work. The Contractor shall not permit employment of verification of Prime Contractor’s Applications for Paymentunfit persons or persons not skilled in tasks assigned to them.
Appears in 1 contract
Samples: Contractor Agreement
Information and Services Required of the Owner. (a) .1 The Owner shall furnish information or services required of the most recent survey Owner by the Industrial Design-Build Documents with reasonable promptness.
.2 The Owner shall provide, to the extent under the Owner’s control and if not required by the Industrial Design-Build Documents to be provided by Xxxxxxx, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from Xxxxxxx, the Owner shall also provide surveys describing the physical characteristics, legal limits, limitations and utility locations, and a permanent benchmark locations for the site of the Project, and a legal description of the site under the Owner’s control.
.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project.
.4 The Owner shall cooperate with Xxxxxxx in securing building and other permits, licenses and inspections.
.5 The services, information, surveys and reports required to be provided by the Owner under the Contract, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Industrial Design-Build Documents, Xxxxxxx shall be entitled to rely upon the accuracy and completeness thereof. In no event shall Xxxxxxx be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
.6 If the Owner observes or otherwise becomes aware of a fault or defect in the IDB Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to Xxxxxxx.
.7 Prior to the execution of any Amendment, Xxxxxxx may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Industrial Design-Build Documents and Xxxxxxx’x Proposal. Thereafter, Xxxxxxx may only request such evidence if (i) the Owner fails to make payments to Xxxxxxx as the Industrial Design-Build Documents require; (ii) a change in the IDB Work materially changes the Contract Sum; or (iii) Xxxxxxx identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall also furnish any environmental site assessments that may have been given such evidence as a condition precedent to commencement or continuation of the IDB Work or the portion of the Work affected by a material change. After the Owner or conducted for furnishes the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIAL.
(b) Except for permits and fees which are provided for in Subparagraph 3.7(a)evidence, the Owner shall secure and pay for necessary approvals, easements, assessments, and charges required for construction, use, or occupancy of permanent structures or for permanent changes in existing facilitiesnot materially vary such financial arrangements without prior notice to Xxxxxxx.
(c) Information or services under the Owner’s control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Work. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest dates for submittal and approval, .8 Except as required in Paragraph 3.10, including when such information or services must be delivered. If Owner delivers the information or services to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on such information or services, then Prime Contractor shall reimburse Owner for all extra costs incurred of holding, storage, or retention, including redeliveries by the Owner to comply with the current schedule.
(d) Unless otherwise provided in the Contract DocumentsIndustrial Design-Build Documents or when direct communications have been specially authorized, the Prime Contractor will be furnished electronic copies of the Drawings and Specifications for bid purposes and one hard copy approved Owner shall communicate through Xxxxxxx with persons or entities employed or retained by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproductionXxxxxxx.
(e) The obligations described above are in addition .9 Unless required by the Industrial Design-Build Documents to other duties and responsibilities of be provided by Xxxxxxx, the Owner enumerated in shall, upon request from Xxxxxxx, furnish the Contract Documents services of geotechnical engineers or other consultants for investigation of subsurface, air and especially those in respect water conditions when such services are reasonably necessary to Article 6 (Construction properly carry out the design services furnished by Owner or by Separate Contractors)Xxxxxxx. In such event, Article 9 (Payments Xxxxxxx shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and Completion)resistivity tests, and Article 11 (Insurance necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and Bonds)submission of all appropriate reports and professional recommendations.
(f) .10 The Owner shall forward all instructions to the Prime Contractor through the Architect/Engineer, except for the Owner's Notice to Proceed purchase and the Owner’s decision to carry out Work maintain builders risk insurance and such other insurance required of Owner as described set forth in Paragraph 2.4Exhibit 1.
(g) The Owner’s employees, agents, and consultants may be present at the Project site during performance of the Work to assist the Architect/Engineer in the performance of the Architect/Engineer’s duties and to verify the Prime Contractor’s record of the number of workmen employed on the Work, their occupational classification, the time each is engaged in the Work, the equipment used in the performance of the Work, and for purpose of verification of Prime Contractor’s Applications for Payment.
Appears in 1 contract
Information and Services Required of the Owner. (a) 7.2.1 The Owner shall furnish information or services required of the most recent survey Owner by the Contract Documents with reasonable promptness.
7.2.2 Upon written request of the Contractor, the Owner shall provide, to the extent under the Owner’s control and if not required by the Contract Documents to be provided by the Contractor, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Contractor, the Owner shall also provide surveys describing the physical characteristics, legal limits, limitations and utility locations, and a permanent benchmark locations for the site of the Project, and a legal description of the site under the Owner’s control.
7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the completed Project. The Contractor shall promptly obtain easements (including but not limited to swing-way easements) and other property rights required for construction of the Project.
7.2.4 The Owner shall cooperate with the Contractor in securing building and other permits, licenses and inspections.
7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner’s expense, and except as otherwise specifically provided in this Contract or elsewhere in the Contract Documents or to the extent the Owner advises the Contractor to the contrary in writing, the Contractor shall be entitled to reasonably rely upon the accuracy and completeness thereof. In no event shall the Contractor be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work.
7.2.5.1 Notwithstanding the provisions of Section 7.2.5, the Contractor shall be responsible for determining, prior to commencement of the Work, the locations of all underground utility lines, cables, pipelines and similar such underground public service installations within and serving the Project site, utilizing utility locating services or other means permitted by law. The Contractor shall coordinate with utility and other involved third party representatives regarding utility locations and related issues, and shall hand excavate or otherwise take special precautions so as to perform the Work in such a manner as to avoid damaging, or interrupting the operation of, all utility lines, cables, pipelines and similar public service installations within and serving the Project site, whether above ground or underground.
7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Contract Documents, the Owner shall give prompt written notice thereof to the Contractor.
7.2.7 Prior to the execution of the Pricing Amendment, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract Documents and the Contractor’s Proposal. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall also furnish any environmental site assessments that may have been given such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner or conducted for furnishes the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIAL.
(b) Except for permits and fees which are provided for in Subparagraph 3.7(a)evidence, the Owner shall secure and pay for necessary approvals, easements, assessments, and charges required for construction, use, or occupancy of permanent structures or for permanent changes in existing facilitiesnot materially vary such financial arrangements without prior notice to the Contractor.
(c) Information or services under the Owner’s control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Work. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest dates for submittal and approval, 7.2.8 Except as required in Paragraph 3.10, including when such information or services must be delivered. If Owner delivers the information or services to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on such information or services, then Prime Contractor shall reimburse Owner for all extra costs incurred of holding, storage, or retention, including redeliveries by the Owner to comply with the current schedule.
(d) Unless otherwise provided in the Contract DocumentsDocuments or when direct communications have been specially authorized, the Prime Owner shall communicate through the Contractor will be furnished electronic with persons or entities employed or retained by the Contractor.
7.2.9 Contractor acknowledges that Owner does not make any representation or warranty with respect to the accuracy or completeness of documents or information (including oral statements) or opinions provided to Contractor by Owner, any of Owner’s Separate Contractors, or anyone else with whom Owner contracts for the Work. Contractor
7.2.10 The Contractor agrees that the Owner shall have no obligation to deliver copies of the Drawings and Specifications for bid purposes and one hard copy approved notices of right to a lien received by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproduction.
(e) The obligations described above are in addition to other duties and responsibilities of the Owner enumerated in from parties purporting to be performing or furnishing Work under the Contract Documents and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion)on the Project, and Article 11 (Insurance and Bonds).
(f) The Owner shall forward all instructions to the Prime Contractor through the Architect/Engineer, except for the Owner's Notice to Proceed and that the Owner’s decision failure to carry out Work as described in Paragraph 2.4.
(g) The Owner’s employees, agents, and consultants may be present at deliver copies of such notices to the Project site during performance Contractor shall have no effect on the obligations of the Work Contractor to assist hold harmless and indemnify the Architect/Engineer in Owner for mechanics’, material suppliers’, design professionals’, construction or similar liens as required by the performance of the Architect/Engineer’s duties and to verify the Prime Contractor’s record of the number of workmen employed on the Work, their occupational classificationContract or applicable law. However, the time each is engaged in Owner shall make a good faith attempt to deliver promptly to the Work, Contractor copies of notices of right to a lien received by the equipment used in Owner from parties purporting to be performing or furnishing Work under the performance of the Work, and for purpose of verification of Prime Contractor’s Applications for PaymentContract.
Appears in 1 contract
Samples: Engineering, Procurement, and Construction Agreement
Information and Services Required of the Owner. (a) The 2.2.1 Notwithstanding any provisions in the Contract Documents to the contrary, in no event shall the Owner shall furnish ever be in default of any obligation under the most recent survey describing the physical characteristics, legal limits, utility locations, and a permanent benchmark for the site of the Project. The Owner shall also furnish any environmental site assessments that may have Contract Documents until written notice has been given by the Contractor to the Owner or conducted at the Owner’s address set forth in the Accepted Stipulated Sum Proposal with a copy sent to the address set forth in the Agreement and such default shall have continued without cure for the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIALat least thirty (30) days after receipt of such notice.
(b) 2.2.2 Except for permits and fees fees, including those required under Section 3.7.1, which are provided for in Subparagraph 3.7(a)the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments, assessments and charges required for construction, use, use or occupancy of permanent structures or for permanent changes in existing facilities.
(c) 2.2.3 The Owner shall furnish surveys describing legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information regarding legal limitations and the legal description of the Site furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. Test boring or soil test information included with the Contract Documents or otherwise made available to the Contractor was obtained by the Owner for use by the Architect in the design of the Project or Work and the Owner makes no representation regarding such information. The Owner does not hold out such information to the Contractor as an accurate or approximate indication of subsurface conditions, and no claim for extra cost or extension of time resulting from a reliance by the Contractor on such information shall be allowed except as provided in Section 4.3.4.
2.2.4 Information or services under required of the Owner’s control Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Workpromptness. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest dates for submittal and approval, as required in Paragraph 3.10, including when such Any other information or services must be delivered. If Owner delivers the information or services relevant to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on such information or services, then Prime Contractor shall reimburse Owner for all extra costs incurred of holding, storage, or retention, including redeliveries by the Owner to comply with the current schedule.
(d) Unless otherwise provided in the Contract Documents, the Prime Contractor will be furnished electronic copies of the Drawings and Specifications for bid purposes and one hard copy approved by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproduction.
(e) The obligations described above are in addition to other duties and responsibilities of the Owner enumerated in the Contract Documents and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion), and Article 11 (Insurance and Bonds).
(f) The Owner shall forward all instructions to the Prime Contractor through the Architect/Engineer, except for the Owner's Notice to Proceed and the OwnerContractor’s decision to carry out Work as described in Paragraph 2.4.
(g) The Owner’s employees, agents, and consultants may be present at the Project site during performance of the Work to assist under the Architect/Engineer in Owner’s control and typically furnished by owners performing similar projects shall be reasonably furnished by the performance Owner after receipt from the Contractor of a written request for such information.
2.2.5 The Owner shall furnish the Contractor with one (1) reproducible copy of the Architect/Engineer’s duties and to verify Contract Documents in physical and/or electronic form. The Contractor shall arrange for the Prime Contractor’s record reproduction of the number of workmen employed on the Work, their occupational classification, the time each is engaged in the Work, the equipment used in the performance of the WorkContract Documents as necessary, and for purpose the cost of verification of Prime Contractor’s Applications for Paymentsuch reproduction shall be included within the Contract Sum.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Contractor (Adicet Bio, Inc.)
Information and Services Required of the Owner. (a) 2.2.1 The Owner shall furnish shall, at the most recent survey describing the physical characteristics, legal limits, utility locations, and a permanent benchmark for the site written request of the ProjectContractor, prior to commencement of the Work and thereafter, furnish to the This Agreement is based closely upon the American Institute of Architects 1997 Edition of AIA Document A201, “General Conditions of the Contract for Construction”. The AIA has not granted specific authorization for this use, nor has Maricopa Community Colleges requested such use. MCCCD pays an annual license fee for unlimited use of all AIA documents. Our use is intended to be an edited version of the AIA standard documents and not intended to override or avoid copyright or other use of their documents. Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner’s obligations under the Contract. Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work. After such evidence has been furnished, the Owner shall also furnish any environmental site assessments that may have been given not materially vary such financial arrangements without prior notice to the Owner or conducted for the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIALContractor.
(b) 2.2.2 Except for permits and fees fees, including those required under Subparagraph 3.7.1, which are provided for the responsibility of the Contractor under the Contract Documents or as noted in Subparagraph 3.7(a)the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments, assessments and charges required for construction, use, use or occupancy of permanent structures or for permanent changes in existing facilities.
(c) 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations, and utility locations and reports of industry standard investigations of subsurface characteristics for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. The furnishing of these documents, or an industry standard investigation of subsurface 15 conditions, shall not relieve the Contractor from its duties under the Contract Documents in general or in particular Subparagraph 1.5.2, 3.2.1 and 4.3.6, of these General Conditions.
2.2.4 Information or services under required of the Owner’s control Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness to avoid unreasonable delay in the orderly progress of the Work. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest dates for submittal and approval, as required in Paragraph 3.10, including when such Any other information or services must be delivered. If Owner delivers the information or services relevant to the Prime Contractor's 20 performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor as scheduled and Prime Contractor is not prepared to accept or act on of a written request for such information or services, then Prime Contractor shall reimburse Owner for all extra costs incurred of holding, storage, or retention, including redeliveries by the Owner to comply with the current schedule.
(d) 2.2.5 Unless otherwise provided in the Contract Documents, the Prime Contractor will be furnished electronic furnished, free of charge, such copies of the Drawings and Specifications Project Manuals as are reasonably necessary for bid purposes and one hard copy approved by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproduction.
(e) The obligations described above are in addition to other duties and responsibilities of the Owner enumerated in the Contract Documents and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion), and Article 11 (Insurance and Bonds).
(f) The Owner shall forward all instructions to the Prime Contractor through the Architect/Engineer, except for the Owner's Notice to Proceed and the Owner’s decision to carry out Work as described in Paragraph 2.4.
(g) The Owner’s employees, agents, and consultants may be present at the Project site during performance of the Work to assist the Architect/Engineer in the performance of the Architect/Engineer’s duties and to verify the Prime Contractor’s record of the number of workmen employed on the Work, their occupational classification, the time each is engaged in the Work, the equipment used in the performance of the Work, and not to exceed the number of copies printed for purpose of verification of Prime Contractor’s Applications for Payment.bid
Appears in 1 contract
Samples: General Conditions of the Contract for Construction