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§ 5.12 Access to Work <br />The Design -Builder shall provide the Owner and its separate contractors and consultants access to the Work in <br />preparation and progress wherever located. The Design -Builder shall notify the Owner regarding Project safety <br />criteria and programs, which the Owner, and its contractors and consultants, shall comply with while at the site. <br />§ 5.13 Construction by Owner or by Separate Contractors <br />§ 5.13.1 Owner's Right to Perform Construction and to Award Separate Contracts <br />§ 5.13.1.1 The Owner reserves the right to perform construction or operations related to the Pribiject with the Owner's <br />own forces; and to award separate contracts in connection with other portions of the Project l 6r other construction or <br />operations on the site, under terms and conditions identical or substantially similar to this C&itr:incl <br />uding luding those <br />terms and conditions related to insurance and waiver of subrogation. The Owner shall notifythe Desigh-Builder <br />promptly after execution of any separate contract. If the Design -Builder claims that delay orr Ad tional cost is <br />involved because of such action by the Owner, the Design -Builder shall make a Claim as prided in Article 14. <br />§ 5.13.1.2 When separate contracts are awarded for different portions of the Project or other 66nstruction or <br />operations on the site, the term "Design -Builder" in the Design -Build Documents in each cal,5,9 shall mean the <br />individual or entity that executes each separate agreement with the Owner. H <br />§ 5.13.1.3 The Owner shall provide for coordination of the activities of the Owner's own fords, and of each separate <br />contractor, with the Work of the Design -Builder, who shall cooperate with them. The Design 4Builder shall <br />participate with other separate contractors and the Owner in reviewing their construction schOdul- <br />es. The Design - <br />Builder shall make any revisions to the construction schedule deemed necessary after a jointlievvjill�� mutual <br />agreement. The construction schedules shall then constitute the schedules to be used by the esign-Builder, separate <br />contractors and the Owner until subsequently revised. <br />'n <br />§ 5.13.1.4 Unless otherwise provided in the Design -Build Documents, when the Owner performs construction or <br />operations related to the Project with the Owner's own forces or separate contractors,, the Owner ,,.�§,hmll`��be deemed to <br />be subject to the same obligations, and to have the same rights, that apply to the Design -Builder . under the Contract. <br />§ 5.14 Mutual Responsibility <br />§ 5.14.1 The Design -Builder shall afford the Owner and separate contractors reasonable opp6rt-diiity for introduction <br />and storage of their materials and equipment and performance of their activities, and shall connect and coordinate <br />the Design -Builder's construction and operations with theirs as required by the Design -Build DoCu-Ments. <br />§ 5.14.2 If part of the Design -Builder's Work depends upon construction or operations by the Owner o a separate <br />contractor, the Design -Builder shall, prior to proceeding with that portion of the Work, prepare -a written report to <br />the Owner, identifying apparent discrepancies or defects in the construction or operations byIhe"Ow�ne�'�r or separate <br />contractor that would render it unsuitable for proper execution and results of the Design -Builder' <br />Mbrk. Failure of <br />. <br />5c <br />the Design -Builder to report shall constitute an acknowledgment that the Owner's or separatecontractor's <br />completed or partially completed construction is fit and proper to receive the Design-Buildei 11s W(kk, except as to <br />defects not then reasonably discoverable. <br />15 <br />§ 5.14.3 The Design -Builder shall reimburse the Owner for costs the Owner incurs that are pP'Y­ab1'6,..to.,a .. separate <br />i;� <br />contractor because of the Design -Builder's delays, improperly timed activities or defective onstructio. The Owner <br />shall be responsible to the Design -Builder for costs the Design -Builder incurs because of a separate contractor's <br />delays, improperly timed activities, damage to the Work or defective construction. <br />§ 5.14.4 The Design -Builder shall promptly remedy damage the Design -Builder wrongfully causes to completed or�" <br />partially completed construction or to property of the Owner or separate contractors as provided in 9� ction 10.2.5. <br />§ 5.14.5 The Owner and each separate contractor shall have the same responsibilities for cu*g and patching the <br />Work as the Design -Builder has with respect to the construction of the Owner or separate c(*' *'actorsll ih,Section <br />5.10. <br />AIA Document A1411 - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIAP <br />Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 15 <br />or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the <br />law. This draft was produced by AIA software at 13:59:58 ET on 04/09/2020 under Order No. 3456073873 which expires on 04/04/2021, and is <br />not for resale. <br />User Notes: (3B9ADA54) <br />