Orange County NC Website
Browse       Search
DocuSign Envelope ID:865881 C3-FBC1-4A19-8098-B2B092F29435 <br /> 42 <br /> (c) the written consent of the Design-Builder's sureties to Final Payment. In the event that the <br /> Design-Builder cannot obtain an affidavit, as required above, from any Subcontractor or <br /> supplier, the Design-Builder shall state in the Design-Builder's affidavit that no claims or liens <br /> exist against such Subcontractor or supplier to the best of the Design-Builder's knowledge, and <br /> that if any appear afterwards, the Design-Builder shall defend, indemnify, and save the Owner <br /> harmless for all costs and expenses, including attorneys' fees, on account thereof. <br /> ARTICLE 22. ASSIGNMENTS AND SUBCONTRACTS <br /> 22.1 The Design-Builder shall not assign any portion of the Agreement nor subcontract the <br /> Work in its entirety without the prior written consent of the Owner. Except as may be required <br /> under terms of the bonds required by the Contract Documents, no funds or sums of money due <br /> or to become due to the Design-Builder under the Contract Documents may be assigned. <br /> ARTICLE 23. MEASUREMENTS <br /> 23.1 Before ordering material or doing Work which is dependent for proper size or installation <br /> upon coordination with building conditions, the Design-Builder shall verify all dimensions and <br /> shall be responsible for the correctness of same. No consideration will be given for any claim <br /> based on differences between the actual dimensions and those indicated in the Contract <br /> Documents. Any discrepancies between the Contract Documents and the existing conditions <br /> shall be referred to the Owner's Authorized Representative for adjustment before any Work <br /> affected thereby is begun. <br /> ARTICLE 24. DESIGN-BUILDER AND SUBCONTRACTOR RELATIONSHIPS <br /> 24.1 Within thirty (30) days after initial receipt of the Design Build Contract for signatures the <br /> Design-Builder shall submit to the Owner's Authorized Representative for acceptance a current <br /> list of the names of Subcontractors and such other persons and organizations (including those <br /> who are to furnish materials or equipment fabricated to a special design) proposed for any and <br /> all portions of the Work. The Design-Builder shall provide this list at this time even if the Design- <br /> Builder was required to submit a list of proposed Subcontractors with the Design-Builder's RFQ <br /> response. The Owner's Authorized Representative shall promptly reply to the Design-Builder in <br /> writing stating whether or not the Owner, after due investigation, has objection to any such <br /> proposed person or entity or if it needs additional information to evaluate the persons on the list. <br /> Failure of the Owner's Authorized Representative to reply within ten (10) days after the Design- <br /> Builder has furnished all required information shall constitute notice of no objection. <br /> The Design-Builder shall not contract with any such proposed person or entity to whom the <br /> Owner has made reasonable objection. If the Owner has reasonable objection to any such <br /> proposed person or entity, the Design-Builder shall submit a substitute to whom the Owner has <br /> no reasonable objection. The Design-Builder shall make no substitution for any Subcontractor, <br /> person, or entity previously allowed without first notifying the Owner's Authorized <br /> Representative in writing and no substitution may be made if the Owner makes a reasonable <br /> objection to such substitution. <br /> 24.2 The Design-Builder agrees that the terms of the Contract Documents, including all portions <br /> thereof, shall apply to all Subcontractors of the Design-Builder as if they were the Design- <br /> Builder, and that the Subcontractors of the Design-Builder shall, by means of their subcontracts, <br /> Revised 2/17 <br />