Orange County NC Website
Browse       Search
DocuSign Envelope ID:865881 C3-FBC1-4A19-8098-B2B092F29435 <br /> any approval except as specifically agreed in writing. <br /> c. The Work shall be tested and inspected as required by the Contract Documents and as required <br /> by law. Unless prohibited by law the costs of all such tests and inspections related to state and <br /> federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building <br /> Codes shall be borne by the Design-Builder. The costs for material and structural testing shall <br /> be conducted by an independent third party at the expense of the Owner. Delays related to any <br /> of the aforementioned tests and inspections shall not be grounds for delaying the completion of <br /> the work. If any such tests and inspections reveal deficiencies in the Work such that the Work <br /> does not comply with terms or requirements of the Contract Documents and/or the <br /> requirements of any code or law the Design-Builder is solely responsible for the cost of <br /> bringing such deficiencies into compliance with the terms of the Contract Documents and/or <br /> any code or law. <br /> d. Should the Designer, if a Designer is retained for the project involving the Work, or Owner <br /> reject any portion of the Work for failing to comply with the Contract Documents Design- <br /> Builder shall immediately, at Design-Builder's expense, correct the Work. Any such rejection <br /> may be made before or after substantial completion. If applicable, any additional expense <br /> borne by the Designer under this section shall be paid at Design-Builder's expense. <br /> e. The Design-Builder shall not assign any portion of this Agreement nor subcontract the Work in <br /> its entirety without the prior written consent of the Owner. <br /> f. The Design-Builder and Owner shall list any and all architects, consultants, designers, <br /> engineers, and other professionals, together with all related license information, employed, <br /> engaged, contracted, or subcontracted to perform any part or portion of the Work. Such list <br /> shall be provided as Exhibit 3 hereto. Exhibit 3 shall be updated regularly as such architects, <br /> consultants, designers, engineers, and other professionals are retained and/or hired. <br /> 9. CONSEQUENTIAL AND LIQUIDATED DAMAGES <br /> a. Owner and Design-Builder accept the following liquidated damages provisions: <br /> (i) It is mutually recognized that time is an essential element of the Agreement, and that <br /> delay in completing the work will result in damages due to public inconvenience, <br /> interference with business, and the increasing of engineering, inspection, and <br /> administrative costs to the Owner. It is therefore agreed that in view of the difficulty <br /> of making a precise determination of such damages, a sum of money in the amount <br /> stipulated in the contract will be charged against the Design-Builder for each calendar <br /> day that the work remains uncompleted after the expiration of the completion date, not <br /> as a penalty but as liquidated damages. Should the Design-Builder or, in case of <br /> default, the Surety fail to complete the Work by the completion date, a deduction of the <br /> amount stipulated in the Contract Documents as liquidated damages will be made for <br /> each and every calendar day that such Work remains uncompleted. This amount will be <br /> deducted from any money due the Design Builder or its Surety under the Contract <br /> Documents, and the Design-Builder and its Surety will be liable for any liquidated <br /> damages in excess of the amount due. In case of default of the Agreement and the <br /> completion of the work by the Owner, the Design Builder and its Surety will be liable <br /> for the liquidated damages under the Contract Documents, but no liquidated damages <br /> will be chargeable for any delay in the final completion of the work by the Owner due <br /> Revised 6/16 6 <br />