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Agenda - 01-15-2008-4y1
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Agenda - 01-15-2008-4y1
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8/29/2008 2:23:53 PM
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8/28/2008 9:30:09 AM
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BOCC
Date
1/15/2008
Document Type
Agenda
Agenda Item
4y1
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Minutes - 20080115 - Late
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6.4 Notice of Nonconformities <br />If the Owner observes or otherwise becomes aware of any fault <br />or defect in the Project or nonconformity with the Contract <br />Documents, the Owner shall give prompt written notice thereof <br />to the CM. <br />6.5 Approvals <br />The Owner shall furnish required information and approvals <br />and perform its responsibilities and activities in a timely manner <br />to facilitate orderly progress of the Work in cooperation with the <br />GM, consistent with this Agreement, and in accordance with the <br />planning and scheduling requirements and budgetary restraints <br />of the Project. <br />6.6 Designer <br />The Owner shall retain a Designer whose services, duties and <br />responsibilities shall be described in a written agreement <br />between the Owner and Designer. The services, duties, and <br />responsibilities of the Designer set out in the agreement <br />between the Owner and Designer shall be compatible and <br />consistent with this Agreement and the Contract Documents. <br />The Owner shall, in its agreement with the Designer, require <br />that the Designer pertorm its services in cooperation with the <br />GM, consistent with this Agreement and in accordance with the <br />planning, scheduling and budgetary requirements of the Project <br />as determined by the Owner. The terms and conditions of the <br />agreement between the Owner and the Designer shall not be <br />changed or waived without written notice to the CM provided at <br />the time of the change or revision. <br />6.7 Budget <br />[Not used] <br />6.8 Separate Contracts <br />[Not used] <br />6.9 Copies of Drawings and Specifications <br />The CM shall estimate the reasonable number of copies of <br />interim and final drawings, specifications and Contract <br />Documents required by the CM, and shall obtain such copies <br />from the Designer at the GM's expense. The estimated cost of <br />such copies shall be included in the Guaranteed Maximum <br />Price. <br />6.10 Permits and Approvals <br />[Not used] <br />6.11 Funding Requirements <br />The Owner shall describe the funding for the Project to the CM <br />and the Designer. <br />6.12 Communication with Contractors <br />The Owner, its representatives and consultants, including <br />Designers, shall communicate with the Contractors only <br />through the CM. <br />6.13 Copies of Notices and Communication <br />The Owner shall send to the CM and shall require the Designer <br />to send the CM copies of all notices and communications sent <br />to or received by the Owner or Designer relating to the Project. <br />6.14 Owner's Representative <br />The Owner shall designate, in writing, an officer, employee or <br />other authorized representative to serve as the Owner's point <br />of contact and to act in the Owner's behalf with respect to the <br />Project. This representative shall be available during working <br />hours and as often as may be required to render decisions and <br />furnish information in a timely manner. The CM acknowledges <br />that more than one individual might be designated as the <br />Owner's representative at different times and for different <br />purposes. The CM also acknowledges that some changes to <br />this Agreement and to the Project might require authorization <br />by the County Commissioners and execution by the County <br />Manager in addition to the Owner's project representative. <br />6.15 Payment to CM <br />The Owner shall make a lump sum payment to the CM upon <br />the closing of the sale by the CM to the Owner pursuant to the <br />Agreement of Purchase and Sale by and between the GM and <br />the Owner of the Project property on the basis of the <br />Contractor's payment applications that are certified by the GM <br />and on the basis of the CM's invoice for its services performed <br />that are certified by the Designer. <br />ARTICLE 7 <br />GUARANTEED MAXIMUM PRICE AND PAYMENT <br />7.1 Guaranteed Maximum Price <br />The GM shall be required to give a Guaranteed Maximum Price <br />for the Project. The Guaranteed Maximum Price shall be <br />documented by the CM as defined in Article 12 and, once <br />established, the Guaranteed Maximum Price shall be subject to <br />19 <br />
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