laboratory procedures, field operating procedures, and overall plant section
performance expectations.
Prior to the start-up training, Design-Builder shall
provide Owner training manuals and operating manuals and other documents
reasonably necessary for the start-up process.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1
DUTY TO COOPERATE.
4.1.1
OWNER SHALL, THROUGHOUT THE PERFORMANCE OF THE WORK, COOPERATE WITH
DESIGN-BUILDER AND PERFORM ITS RESPONSIBILITIES, OBLIGATIONS AND SERVICES IN A
TIMELY MANNER TO FACILITATE DESIGN-BUILDER'S TIMELY AND EFFICIENT PERFORMANCE OF
THE WORK AND SO AS NOT TO DELAY OR INTERFERE WITH DESIGN-BUILDER'S PERFORMANCE
OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS.
4.1.2
OWNER SHALL PAY ALL REASONABLE COSTS INCURRED BY DESIGN-BUILDER FOR
FROST REMOVAL SO THAT WINTER CONSTRUCTION CAN PROCEED.
SUCH COSTS MAY INCLUDE,
BUT ARE NOT LIMITED TO, EQUIPMENT COSTS, EQUIPMENT RENTAL COSTS, SHELTERING
COSTS, SPECIAL MATERIAL COSTS, FUEL COSTS AND ASSOCIATED LABOR COSTS.
OWNER
ACKNOWLEDGES AND AGREES THAT SUCH COSTS ARE IN ADDITION TO, AND NOT INCLUDED IN,
THE CONTRACT PRICE, AND THAT THE PAYMENT OF SUCH COSTS, WHICH SHALL BE BILLED ON
A WEEKLY BASIS, SHALL NOT REQUIRE THE ISSUANCE OF A CHANGE ORDER OR THE
OBTAINING OF ANY OWNER APPROVAL PRIOR TO THE ISSUANCE OF INVOICES FOR SUCH
COSTS.
4.2
FURNISHING OF SERVICES AND INFORMATION.
4.2.1
PRIOR TO THE ISSUANCE OF THE NOTICE TO PROCEED, AT ITS OWN COST AND
EXPENSE, OWNER SHALL PROVIDE THE FOLLOWING ITEMS TO DESIGN-BUILDER FOR
DESIGN-BUILDER'S INFORMATION AND USE AND ALL OF WHICH DESIGN-BUILDER IS ENTITLED
TO RELY UPON IN PERFORMING THE WORK:
11
(a)
surveys describing the property,
boundaries, topography and reference points for use during construction,
including existing service and utility lines;
(b)
geotechnical studies describing subsurface
conditions including soil borings, and other surveys describing other latent or
concealed physical conditions at the Site;
(c)
temporary and permanent easements, zoning
and other requirements and encumbrances affecting land use, or necessary to
permit the proper design and construction of the Project and enable
Design-Builder to perform the Work;
(d)
A legal description of the Site;
(e)
to the extent available, as-built and
record drawings of any existing structures at the Site; and
(f)
all environmental studies, reports and
impact statements describing the environmental conditions, including Hazardous
Conditions, in existence at the Site that have been conducted or performed.
4.2.2
OWNER SHALL PROVIDE TO DESIGN-BUILDER ALL OWNER'S DELIVERABLES UNDER
EXHIBIT C PURSUANT TO OWNER'S MILESTONES.
SUCH DELIVERABLES SHALL BE PROVIDED,
AT OWNER'S OWN COST AND EXPENSE, FOR DESIGN-BUILDER'S INFORMATION AND USE.
DESIGN-BUILDER IS ENTITLED TO RELY UPON SUCH DELIVERABLES IN PERFORMING THE
WORK.
4.2.3
OWNER IS RESPONSIBLE FOR SECURING AND EXECUTING ALL NECESSARY
AGREEMENTS WITH ADJACENT LAND OR PROPERTY OWNERS THAT ARE NECESSARY TO ENABLE
DESIGN-BUILDER TO PERFORM THE WORK AND THAT HAVE BEEN IDENTIFIED AND NOTIFIED IN
WRITING BY DESIGN-BUILDER TO OWNER PRIOR TO THE EFFECTIVE DATE.
OWNER IS
FURTHER RESPONSIBLE FOR ALL COSTS, INCLUDING ATTORNEYS' FEES, INCURRED IN
SECURING THESE NECESSARY AGREEMENTS.
4.3
Financial Information; Cooperation with Lenders; Failure to Obtain
Financial Closing.
Design-Builder acknowledges that Owner is seeking financing
for the Project.
Design-Builder agrees to