Agenda - 05-02-2017 - 6-d - Award of Design-Build Agreement – Sportsplex Field House Project

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