Design-Builder'stools,
constructionequipment,machinery and surplus materials from and about the
Project. 5.11 1 within three (3) business days after §5.11.2If the
Design-Builderfails to clean up as provided in Section receipt of writtennotice
and an opportunityto cure fromthe Owner,the Ownermay do so, and Owner shallbe
entitled to reimbursementfrom the Design-Builder. §5.12Access to Work The
Design-Builder shall provide the Owner and its separate contractors and
consultants access to the Work in preparation and progress wherever located. The
Design-Builder shall notify the Owner regarding Project safety criteria and
programs,which the Owner,and its contractorsand consultants,shall complywith
while at the site. §5.13Constructionby Owneror bySeparateContractors Contracts
§5.13.1Owner'sRightto PerformConstructionand to AwardSeparate or
operationsrelated to the Project with the §The Owner reserves the right
to perform other construction Owner's own forces; and to award separate
contracts in connection with other portions of the Project, or other
construction or operations on the site, under terms and conditions identical or
substantiallysimilar to this Contract, including those terms and
conditionsrelated to insuranceand waiver of subrogation.However, except as
otherwise provided in this Agreement, including, without limitation,in the event
of a dispute or default by Design-Builder, nothing in this Contract shall give
the Owner the right to perform construction or operations or award separate
contractswithrespectto anyportionoftheDesign-Builder'sscopeof Work onthis
Project.The Ownershallnotifythe Design-Builderpromptly afterexecutionof any
separatecontract.If the Design-Builderclaimsthat delay or additional cost is
involved because of such action by the Owner, the Design-Builder shall make a
Claim as provided in Article 14, the or other constructionor operations
§When separatecontractsare awardedfor differentportions of Project on
the site,the term 'Design-Builder'in the Design-BuildDocumentsin each case
shallmean the individualor entity that executes each separate agreementwith the
Owner. Owner'sown forces, and of each separate §The Owner shall
providefor coordinationof the activities of the contractor,with the Work of the
Design-Builder,who shall cooperatewith them. The Design-Buildershallparticipate
with other separate contractors and the Owner in reviewing their construction
schedules.The Design-Builder shall make any revisions to the
constructionschedule deemed necessary after a joint review and mutual
agreement.The constructionschedulesshall then constitutethe schedulesto be used
by the Design-Builder,separate contractorsand the Owneruntil
subsequentlyrevised. when the Owner performs construction or §Unless
otherwise provided in the Design-Build Documents, operationsrelatedto the
Projectwiththe Owner's ownforces or separatecontractors,the Ownershall be
deemedto be subjectto the same obligations,andto have the samerights,that
applyto the Design-Builderunder the Contract. §5.14MutualResponsibility
opportunityfor introduction §5.14.1The Design-Buildershall affordthe Owner and
separate contractorsreasonable and storage oftheir materials and equipmentand
performanceof their activities,and shall connect and coordinatethe
Design-Builder'sconstructionand operationswith theirs as requiredby the
Design-BuildDocuments. operationsby the Owner or a separate §5.14.2If part of
the Design-Builder'sWork depends upon construction or contractor,the
Design-Buildershall,prior to proceedingwith that portion of the Work,prepare a
written report to the Owner, identifyingreasonably apparent discrepanciesor
defects in the constructionor operations by the Owner or separate contractorthat
would render it unsuitable for proper execution and results of the
Design-Builder'sWork. Failure of the Design-Builderto report shall constitutean
acknowledgmentthat the Owner's or separate contractor's completed or partially
completed construction is fit and proper to receive the Design-Builder'sWork,
except as to defectsnot then reasonably discoverable. Owner incurs that are
payable to a separate §5.14,3The Design-Builder