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Agenda - 05-02-2017 - 6-d - Award of Design-Build Agreement – Sportsplex Field House Project
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Agenda - 05-02-2017 - 6-d - Award of Design-Build Agreement – Sportsplex Field House Project
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BOCC
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5/2/2017
Meeting Type
Regular Meeting
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Agenda
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6d
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Minutes 05-02-2017
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47 <br /> 35 <br /> charges, permits and fees, and insurance and bond premium adjustments, if any, attributable to <br /> the change. All other items of cost shall be considered as overhead and covered by the <br /> percentages allowed in sections A and B of this paragraph. <br /> (d) The Design-Builder shall provide worksheets or tabulations describing the method by which' <br /> the direct net cost was calculated, and shall provide all data needed to support the calculation of <br /> the direct net cost, all in a form acceptable to the Owner. <br /> 14.5 Where the Contract Price is to be adjusted by negotiation, the Owner may authorize and <br /> designate the Owner's Authorized Representative to negotiate with the Design-Builder on behalf <br /> of the Owner; provided, however, any agreement reached between the Design-Builder and <br /> Owner's Authorized Representative shall be subject to approval by the Owner. <br /> ARTICLE 15. UNFORESEEN CONDITIONS <br /> 15.1 Should the Design-Builder encounter unforeseen conditions at the Project site materially <br /> differing from those shown on the Drawings or indicated in the Specifications or differing <br /> materially from those ordinarily encountered and generally recognized as inherent in work of the <br /> character provided for in the Agreement, the Design-Builder shall immediately, and in no event <br /> more than three (3) days later, give notice to the Owner of such conditions before they are <br /> disturbed. The Owner's Authorized Representative shall thereupon promptly investigate the <br /> conditions and if they find that they materially differ from those shown on the Drawings or <br /> indicated in the Specifications, they shall at once make such changes in the Drawings and/or <br /> Specifications as they may find necessary. Any increase or decrease in the Contract Price <br /> resulting from such changes shall be adjusted in the manner provided herein for adjustments as <br /> to extra and/or additional Work and changes. However, the Owner shall not be liable or <br /> responsible for additional work, costs, or changes to the Work that could have been reasonably <br /> determined from any reports, surveys, and analyses made available for the Design-Builder's <br /> review or that could have been discovered by the Design-Builder through the performance of its <br /> obligations pursuant to the Contract Documents. <br /> ARTICLE 16. CORRECTION OF WORK BEFORE FINAL PAYMENT <br /> 16.1 The Owner has the authority to stop or suspend work, and the Owner's Authorized <br /> Representative has the authority to order Work removed or to order corrections of defective <br /> Work or Work not in compliance with the Contract Documents where such action may be <br /> necessary to ensure successful completion of the Work. <br /> (a)Any work, materials, fabricated items, or other parts of the Work which have been found by <br /> the Owner's Authorized Representative to be defective or not in accordance with the Contract <br /> Documents shall be condemned and shall be removed from the Project by the Design-Builder, <br /> and immediately replaced by new Work in accordance with the Contract Documents at no <br /> additional cost to the Owner. Work or property of the Owner or others damaged or destroyed by <br /> virtue of such condemned Work shall be made good at the expense of the Design-Builder. <br /> Correction of condemned Work described above shall be commenced by the Design-Builder <br /> within twenty-four(24) hours after notice from the Owner's Authorized Representative and shall <br /> be pursued to completion. Should the Design-Builder fail to proceed reasonably with the <br /> abovementioned corrections, the Owner may, three (3) days after the notice specified in the <br /> Revised 2/17 <br />
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