Shearer and Associates Inc 3/9/2020

b) Design-Builder failed to give the written notice as required by Section 4.2 and/or comply with Article 9. 4.2.2.3 If Design-Builder knows or should have known of a Differing Site Condition during the design phase of the Project, but fails to mitigate by taking the Differing Site Condition into account in its design,the adjustment to Contract Time or Contract Price will be limited to the adjustment, if any, that Design-Builder would have been entitled to if Design-Builder had not so failed to mitigate. 4.2.2.4 If Design-Builder complies with the provisions of Article 9 and this Section 4.2 and Owner and Design-Builder are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Time, or both, a Claim may be made by Design-Builder as provided in Article 10. Article 5 Non-Discrimination 5.1 Design-Builder shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. Design-Builder shall not participate either directly or indirectly in such discrimination, including discrimination in employment practices. In the event of Design-Builder's noncompliance with the nondiscrimination provisions of the Contract Documents, Owner shall impose such sanctions as it, or the Owner's funding agencies, may determine to be appropriate, including, but not limited to: (a)withholding of payments to Design-Builder until Design-Builder complies, and (b) termination or suspension of the Contract, in whole or in part. 5.2 Design-Builder shall actively and in good faith solicit the employment of minority group members and bids for the supply of goods or subcontracting of services from qualified minority businesses. Design-Builder shall consider granting contracts to possible minority suppliers and Subcontractors on the basis of substantially equal proposals in the light most favorable to the minority businesses. As requested by Owner, Design-Builder shall furnish evidence of its compliance with these requirements. As used in this section,the term "minority business"means a business at least 51% of which is owned by minority group members. Minority group members include, but are not limited to, African-Americans, Women, Native Americans, Asian/Pacific Islander-Americans, and Hispanic-Americans. Article 6 Payment 6.1 Schedule of Values 6.1.1 The Design-Builder shall submit a Schedule of Values at least 15 days prior to submitting their first Application for Payment. The Schedule of Values shall reasonably allocate the Contract Sum among the various portions of the Work; be complete; be organized to include detailed breakdown of each major unit of the Work; be organized to correspond to Design-Builder's schedule; break down the Contract Sum showing the value assigned to each part of the Work; be so organized as to facilitate assessment of work and payment of Subcontractors;and be balanced. To the greatest extent possible, the breakdown shall use the same tasks or units as the Design- Builder's CPM schedule. Design-Builder shall provide documentation substantiating the cost allocation if asked by the Owner. Upon acceptance of the Schedule of Values by the Owner, it shall be used as a basis for all requests for payment. 6.1.2 The Owner will timely review and approve the Schedule of Values so as not to delay the East Clearwell Project General Conditions of Contract Page 13