Common use of Notice of Covering Design-Build Work Clause in Contracts

Notice of Covering Design-Build Work. The Design-Builder shall give the Owner and the Owner’s Representative notice of its upcoming schedule with respect to the covering and completion of any Design-Build Work, and shall update such notice, if necessary, within a reasonable time period (at least five Business Days) before such covering and completion. The Owner shall give the Design-Builder reasonable notice (a minimum of 72 hours) of any intended inspection or testing of such Design-Build Work in progress prior to its covering or completion, which notice shall be sufficient to afford the Owner and the Owner’s Representative a reasonable opportunity to conduct a full inspection of such Design-Build Work. At the Owner’s written request, the Design-Builder shall take apart or uncover for inspection or testing any previously-covered or completed Design-Build Work; provided, however, that the Owner’s right to make such requests shall be limited to circumstances where there is a reasonable basis for concern by the Owner as to whether the disputed Design-Build Work complies with the requirements of this Design-Build Agreement. The cost of uncovering, taking apart, or replacing such Design-Build Work along with the costs related to any delay in performing Design-Build Work caused by such actions, shall be borne as follows: (1) by the Design-Builder, if such Design-Build Work was covered prior to any observation or test required by the Contract Standards or prior to any observation or test for which the Owner was not provided reasonable advance notice hereunder and did not have the appropriate observers observe the test; and (2) in all other cases, as follows: (a) by the Design-Builder, if such observation or test reveals that the Design-Build Work does not comply with this Design-Build Agreement; or (b) by the Owner, if such observation or test reveals that the Design- Build Work complies with this Design-Build Agreement. In the event such Design-Build Work does comply with this Design-Build Agreement, the delay caused by such observation or test shall be treated as having been caused by an Uncontrollable Circumstance and any costs incurred with respect to such observation or test shall be borne by the Owner (through and only through a Design-Build Price Adjustment).

Notice of Covering Design-Build Work. The Design-Builder Company shall give the Owner and the Owner’s Representative SRWA notice of its upcoming schedule with respect to the completion and covering and completion of any Design-Build Work, and shall update such notice, if necessary, within a reasonable time period (at least five Business Days) before such covering completion and completioncovering. The Owner SRWA shall give the Design-Builder Company reasonable notice (a minimum of 72 hours) of any intended inspection or testing of such Design-Build Work in progress prior to its covering or completion, which notice shall be sufficient to afford the Owner and the Owner’s Representative SRWA a reasonable opportunity to conduct a full inspection of such Design-Build Work. At the OwnerSRWA’s written request, the Design-Builder Company shall take apart or uncover for inspection or testing any previously-covered or completed Design-Build Work; provided, however, that the OwnerSRWA’s right to make such requests shall be limited to circumstances where there is a reasonable basis for concern by the Owner SRWA as to whether the disputed Design-Build Work complies with the requirements of this Design-Build AgreementContract. The cost of uncovering, taking apart, or replacing such Design-Build Work along with the costs related to any delay in performing Design-Design- Build Work caused by such actions, shall be borne as follows: (1) . by the Design-BuilderCompany, if such Design-Build Work was covered prior to any observation or test required by the Contract Standards or prior to any observation or test for which the Owner SRWA was not provided reasonable advance notice hereunder and did not have the appropriate observers observe the test; and (2) . in all other cases, as follows: (a) : by the Design-BuilderCompany, if such observation or test reveals that the Design-Build Work does not comply with this Design-Build AgreementContract; or (b) , by the OwnerSRWA, if such observation or test reveals that the Design- Design-Build Work complies with this Design-Build AgreementContract. In the event such Design-Build Work does comply with this Design-Build AgreementContract, the delay caused by such observation or test shall be treated as having been caused by an Uncontrollable Circumstance and any costs incurred with respect to such observation or test shall be borne by the Owner SRWA (through and only through a Base Design-Build Price Adjustment).

Notice of Covering Design-Build Work. The Design-Builder Build Contractor shall give the Owner and Sewer District reasonable notice (at least ten (10) business days) in the Owner’s Representative notice monthly progress schedule of its upcoming schedule with respect to the covering and completion of any Design-Design- Build Work, and shall update such notice, if necessary, within a reasonable time period (at least five Business Days) before such covering and completion. The Owner Sewer District shall give the Design-Builder Build Contractor reasonable notice (a minimum of 72 hours) of any intended inspection or testing of such Design-Build Work in progress prior to its covering or completion, which notice shall be sufficient to afford the Owner and the Owner’s Representative Sewer District a reasonable opportunity to conduct a full inspection of such Design-Build Work. At the OwnerSewer District’s written request, the Design-Builder Build Contractor shall take apart or uncover for inspection or testing any previously-covered or completed Design-Build Work; provided, however, that the OwnerSewer District’s right to make such requests shall be limited to circumstances where there is a reasonable basis for concern by the Owner as to whether Sewer District that the disputed Design-Build Work complies may not conform with the requirements of this Design-Build Agreement. The cost of uncovering, taking apart, or replacing such Design-Build Work along with the costs related to any delay in performing Design-Build Work caused by such actions, shall be borne as follows: (1) by the Design-BuilderBuild Contractor, if such Design-Build Work was has been covered prior to any observation or test required by the Contract Design-Build Standards or if such Design-Build Work has been covered prior to any observation or test for which the Owner was Sewer District has not been provided reasonable advance notice hereunder and or did not have the appropriate observers observe the test; and (2) in all other cases, as follows: (a) by the Design-BuilderBuild Contractor, if such observation or test reveals that the Design-Build Work does not comply with this Design-Build Agreement; or (b) by the OwnerSewer District, if such observation or test reveals that the Design- Build Work complies with this Design-Build Agreement. In the event event, under subsection (2)(b) above, where such Design-Build Work does comply with this Design-Build Agreement, if the Design-Build Contractor experiences a delay caused by such observation or test shall be treated as having been caused by an Uncontrollable Circumstance and any costs incurred with respect to such observation or test shall be borne by test, the Owner (through and only through a Design-Build Price Adjustment)Contractor shall be entitled to an extension of time to be mutually agreed to by the Parties.

Notice of Covering Design-Build Work. The Design-Builder DBE shall give WRD notice in the Owner and the Owner’s Representative notice monthly progress report of its upcoming schedule with respect to the covering and completion of any Design-Design Build Work, and shall update such notice, if necessary, within a reasonable time period (at least five Business Daysbusiness days) before such covering and completion. The Owner WRD shall give the Design-Builder DBE reasonable notice (a minimum of 72 48 hours) of any intended inspection or testing of such Design-Design Build Work in progress prior to its covering or completion, which notice shall be sufficient to afford the Owner and the Owner’s Representative WRD a reasonable opportunity to conduct a full inspection of such Design-Design Build Work. At the OwnerWRD’s written request, the Design-Builder DBE shall take apart or uncover for inspection or testing any previously-covered or completed Design-Design Build Work; provided, however, that the Owner’s WRD s right to make such requests shall be limited to circumstances where there is a reasonable basis for concern by the Owner WRD as to whether the disputed Design-Design Build Work complies with the requirements of this Design-Build AgreementContract. The cost of uncovering, taking apart, or replacing such Design-Design Build Work along with the costs related to any delay in performing Design-Design Build Work caused Work (1) aused by such actions, shall be borne as follows: (1) by the Design-Builder, if such Design-Build Work was : covered prior to any observation or test required by the Contract Standards or prior to any observation or test for which the Owner WRD was not provided reasonable advance notice noti (2) e hereunder and or did not have the appropriate observers observe the test; and (2) and in all other cases, as follows: (a) by (b) by the Design-BuilderWRD, if such observation or test reveals that the Design-Build Work does not comply with this Design-Build Agreement; or (b) by the Owner, if such observation or test reveals that the Design- Design Build Work complies with this Design-Build AgreementContract. In the event such Design-Design Build Work does comply with this Design-Build AgreementContract, the delay caused by such observation or test shall be treated as having been caused by an Uncontrollable Circumstance Unforeseen Condition and any costs incurred with respect to such observation or test shall be borne by the Owner WRD (through and only through a Design-Fixed Design Build Price Adjustment).

Notice of Covering Design-Build Work. The Design-Builder DBOM Contractor shall give the Owner and the Owner’s Representative BWS notice in each Monthly Progress Report of its upcoming schedule with respect to the covering and completion of any Design-Build Work, and shall update such notice, if necessary, within a reasonable time period (at least five Business Days) before such covering and completioncompletion in order to offer a full and adequate opportunity to the BWS to inspect and test such part of the Design-Build Work before it is covered and completed. In no event shall the DBOM Contractor cover any Design-Build Work prior to any required inspection by a Governmental Body under Applicable Law. The Owner BWS shall give the Design-Builder DBOM Contractor reasonable notice (a minimum of 72 48 hours) of any intended inspection or testing of such Design-Build Work in progress prior to its covering or completion. If the BWS provides such notice, which notice the DBOM Contractor shall be sufficient to afford the Owner and the Owner’s Representative BWS a reasonable opportunity to conduct a full inspection of such Design-Build Worktests or inspections, which the BWS shall promptly complete. At the OwnerBWS’s written request, the Design-Builder DBOM Contractor shall take apart or uncover for inspection or testing any previously-covered or completed Design-Build Work; provided, however, that the OwnerBWS’s right to make such requests shall be limited to circumstances where there is a reasonable basis for concern by the Owner BWS as to whether the disputed Design-Build Work complies with the requirements of this Design-Build Service Agreement. After the BWS inspects it, the DBOM Contractor shall restore the area to the standard required by this Service Agreement. The cost of uncovering, taking apart, or replacing such Design-Build Work Work, along with the costs related to any delay in performing Design-Build Work caused by such actions, shall be borne as follows: (1) by By the Design-BuilderDBOM Contractor, if such Design-Build Work was covered prior to any observation or test required by the Contract Standards or prior to any observation or test for which the Owner BWS was not provided reasonable advance notice hereunder and did not have the appropriate observers observe the test, or prior to the date on which the BWS was to conduct any observation or test as to which the BWS has provided notice of its intention to conduct in accordance with this Section; and (2) in In all other cases, as follows: (a) by By the Design-BuilderDBOM Contractor, if such observation or test reveals that the Design-Build Work does not comply with this Design-Build Service Agreement; or (b) by By the OwnerBWS, if such observation or test reveals that the Design- Design-Build Work complies with this Service Agreement, and shall result in a Change Order issued in accordance with Section 16.1 (Change Procedures). Board of Water Supply, City and County of Honolulu Kalaeloa Seawater Desalination Facility Design-Build Agreement. In Build-Operate-Maintain Project Service Agreement Article 8 - Construction of the Project ​ Except as provided in item (1) of this subsection, in the event such Design-Build Work does comply with this Design-Build Service Agreement, the delay caused by such observation or test shall be treated as having been caused by an Uncontrollable Circumstance and any costs incurred with respect to such observation or test shall be borne by for the Owner account of the BWS (through and only through a Fixed Design-Build Price Adjustment) in accordance with Article 19 (Uncontrollable Circumstances).