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Agenda - 06-18-2013 - 5w
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Agenda - 06-18-2013 - 5w
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6/10/2015 4:12:51 PM
Creation date
6/17/2013 9:45:08 AM
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BOCC
Date
6/18/2013
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5w
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2013-222 Bid Award – Community Geothermal HVAC – Phase II Agreement Warren Hay Mechanical
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2013
Minutes 06-18-2013
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\Board of County Commissioners\Minutes - Approved\2010's\2013
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13 <br /> a. The Designer shall furnish the Contractor with the approved number of copies of Drawings <br /> and Specifications. The Contractor may obtain additional copies at the cost of reproduction and <br /> handling. <br /> b. The Contractor shall submit to the Designer all Submittals required by the Contract <br /> Documents. The Contractor shall submit four (4) reproducible prints of all shop drawings plus <br /> the number of copies sufficient for its requirements. The Contractor shall submit samples in <br /> quantities required by the Contract Documents. The Contractor shall submit product data in <br /> five (5) copies, plus the number of copies sufficient for the Contractor's requirements. All <br /> shop drawings shall be reviewed by the Contractor and shall bear the Contractor's stamp of <br /> approval before being forwarded to the Designer. Submittals shall be submitted in such time <br /> as to cause no delay to the Work or any part thereof. The Designer shall review and process <br /> the Submittal with reasonable promptness, noting desired corrections, if any. The Designer <br /> shall retain the number of copies of the Submittal deemed required by the Designer and shall <br /> return the remainder of the reviewed Submittals to the Contractor. <br /> c. The Contractor acknowledges that the processing of shop drawings and other Submittals is <br /> directly impacted by the clarity, completeness, and accuracy of said documents and that it is <br /> the Contractor's responsibility to review and coordinate each Submittal with all other related or <br /> affected Work and approve each submittal before submitting same to the Designer for <br /> approval. <br /> d. Review of shop drawings and Submittals by the Designer shall not be construed as relieving <br /> the Contractor from responsibility for compliance with the terms or designs of the Contract <br /> Documents nor from responsibility for errors of any sort in the Submittal. <br /> 10. DISPUTE RESOLUTION AND GOVERNING LAW <br /> a. Owner and Contractor agree that should a dispute arise as to the terms of the Contract <br /> Documents the Designer shall serve as the initial decision-maker, unless there is no Designer <br /> retrained on the project related to the Work. Owner and Contractor further agree as follows: <br /> (i) If there is no Designer retained for the Work, Owner and Contractor agree,prior to the <br /> initiation of any civil litigation, to submit to mediation by agreeing on an individual to <br /> serve as mediator to mediate the dispute. <br /> (ii) Should the Owner and Contractor fail to mutually agree on an individual to serve as <br /> mediator Owner may select a mediator to mediate the dispute. <br /> (iii) Any mediator selected under this section shall be an attorney licensed to practice law in <br /> the State of North Carolina and shall be generally recognized as having experience in <br /> mediating construction disputes. <br /> (iv) Owner and Contractor agree to equally share in the cost of a mediator selected under <br /> this section. <br /> b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of <br /> this Agreement. Any and all suits or actions to enforce,interpret or seek damages with respect <br /> to any provision of, or the performance or nonperformance of, this Agreement or the Contract <br /> shall be brought in the General Court of Justice of North Carolina sitting in Orange County, <br /> North Carolina and it is agreed by the parties that no other court shall have jurisdiction or <br /> venue with respect to such suits or actions. <br /> c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other <br /> Party within thirty (30) days of the occurrence of the event giving rise to the claim or within <br /> Revised November 2011 9 <br />
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