be delayed or withheld. The Submittal
schedule shall (1) be coordinated with the Design-Builder's schedule provided in
Section , (2) allow the Owner reasonable time to review Submittals, and
(3) be periodicallyupdatedto reflect theprogressof the Work.If
theDesign-Builderfails to submita Submittalschedule,the Design-Buildershallnot
be entitledto any increase in ContractSum or extension of ContractTime based
onthe time required for review of Submittals. §By providingSubmittalsthe
Design-Builderrepresentsto the Owner that it has (1) reviewed and approved them,
(2) determinedand verified materials,field measurementsand field
constructioncriteriarelated thereto, or will do so and (3) checkedand
coordinatedthe informationcontainedwithin such Submittalswith the requirementsof
the Work and of the Design-BuildDocuments. §The Design-Buildershall
perform no portion of the Work for which the Design-Build Documentsrequire
Submittalsuntil the Ownerhas approvedthe respective Submittal. §The Work
shall be in accordance with approved Submittals except that the Design-Builder
shall not be relieved of its responsibilityto perform the Work consistentwith
the requirements of the Design-BuildDocuments. TheWorkmay deviatefromthe
Design-BuildDocumentsonlyifthe Design-Builderhas notifiedthe Ownerinwriting of a
deviation from the Design-Build Documents at the time of the Submittal and a
Modification is executed authorizingthe identifieddeviation.The
Design-Buildershallnot be relieved of responsibilityfor errors or omissions in
Submittalsby the Owner's approvalof the Submittals. §All professional
design services or certificationsto be provided by the Design-Builder, including
all drawings,calculations,specifications,certifications,shop drawings and other
Submittals,shall contain the signature andseal of the
licenseddesignprofessionalpreparingthem.Submittalsrelated to the Work designedor
certifiedby the licenseddesignprofessionals,if preparedby others,shallbearthe
licenseddesignprofessional'swritten approval.The Owner and its consultants shall
be entitled to rely upon the adequacy, accuracy and completeness of the
services, certificationsor approvalsperformedby such designprofessionals.
§3.1.12Warranty.The Design-Builder warrants to the Owner that materials and
equipment furnished under the Contract will be of good quality and new unless
the Design-Build Documents require or permit otherwise. The
Design-Builderfurtherwarrants that the Work will conformto the requirements of
the Design-BuildDocumentsand will be free from patent and latent
defects,exceptfor those inherentin the qualityof the Work or otherwiseexpressly
permittedby the Design-BuildDocuments.Work,materials,or equipmentnot
conformingto these requirementsmay be considered defective. The Design-Builder's
warranty excludes remedy for damage or defect caused by abuse, alterationsto
theWorknot executedby the Design-Builder,improperor
insufficientmaintenance,improperoperation, normalwear andtear and normal usage,
and damagescausedby Owner's Contractors or Tenantsperformingwork as authorized
and coordinated by Owner and Design-Builder (Design Builder shall be required to
protect any work performed out of sequence that may be subject to damage, due to
being performed out of sequence, by Owner's scheduledwork).If required by the
Owner,the Design-Buildershall furnish satisfactory evidence as to the kind and
quality of materials and equipment. Unless provided otherwise by law or outlined
in Design-Build criteria, Design-Builderwarrantswork for oneyear. Material
andequipmentwarranties shall be asprovidedby manufacturers and a minimum of one
year. §3.1.13Royalties,Patentsand Copyrights §The Design-Buildershall
pay all royalties and licensefees. §The Design-Buildershalldefendsuits
or claimsfor infringementof copyrightsandpatent rightsto the extent such suits
or claims arise out of or relate to the Work, and shall hold the Owner and its
separate contractors and consultantsharmlessfrom loss on accountthereof. The
Design-Buildershall not be responsible for such defense or loss when a
particular design, process or product of a particularmanufacturer or
manufacturers is required by the Owner, or where the copyright violations are
required