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Bayley Construction LP 6/18/2025
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Bayley Construction LP 6/18/2025
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Last modified
7/3/2025 10:03:31 AM
Creation date
7/3/2025 9:59:54 AM
Metadata
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Contracts
Contractor's Name
Bayley Construction LP
Approval Date
6/18/2025
Council Approval Date
6/11/2025
Department
Administration
Department Project Manager
Scott Pattison
Subject / Project Title
Outdoor Event Center - Design Phase 1A of the project
Tracking Number
0004869
Total Compensation
$2,901,602.00
Contract Type
Capital Contract
Contract Subtype
Capital Construction Contracts and Change Orders
Retention Period
10 Years Then Transfer to State Archivist
Imported from EPIC
No
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31 <br />Progressive Design Build General Conditions <br /> <br />10.4.7 If an adjustment in the Contract Time is sought, the specific days and dates for which it is <br />sought; the specific reason Design-Builder believes an adjustment in the Contract Time should be <br />granted; and Design-Builder’s analyses of its construction schedule, any specific schedule <br />analysis as required by the Contract Documents, and all updates to demonstrate the reason for <br />the adjustment in Contract Time; and, <br />10.4.8 A statement certifying, under penalty of perjury, that after the exercise or reasonable <br />diligence and investigation the Claim is made in good faith, that the supporting cost and pricing <br />data are true and accurate to the best of the Design-Builder’s knowledge and belief, that the <br />Claim is fully supported by the accompanying data, and that the amount requested accurately <br />reflects the adjustment in the GMP or Contract Time for which Design-Builder believes Owner is <br />liable. <br />10.5 Cooperation/Claims Audit. Design-Builder shall cooperate with Owner or its designee in the <br />evaluation of its Claim and provide all information and documentation requested by Owner or its <br />designee. Claims filed against Owner shall be subject to audit at any time following the filing of <br />the Claim. Failure of Design-Builder, or Subcontractors of any tier, to maintain and retain <br />reasonably sufficient records to allow Owner to verify all or a portion of the Claim or to permit <br />Owner access to the books and records of Design-Builder, or Subcontractors of any tier, shall <br />constitute a waiver of that part of the Claim and shall bar any recovery on that part of the Claim. <br />10.6 Owner Evaluation of Claim. After Design-Builder has submitted a fully documented Claim that <br />complies with Article 10, Owner shall respond, in writing, to Design-Builder within sixty (60) days <br />from the date the fully documented Claim is received with a decision regarding the Claim. The <br />Claim shall be deemed denied upon the 61st day following receipt of the Claim by Owner. Any <br />Claims not fully resolved must be submitted to Dispute Resolution in accordance with Section <br />10.7. <br />10.7 Dispute Avoidance and Resolution. <br />10.7.1 The parties are fully committed to working with each other throughout the Project and <br />agree to communicate regularly with each other through the life of the Project, to avoid or <br />minimize disputes or disagreements. <br />If disputes or disagreements do arise, Design-Builder and Owner each commit to resolving such <br />disputes or disagreements in an amicable, professional, and expeditious manner to avoid <br />unnecessary losses, delays, and disruptions to the Work. If a matter cannot be resolved through <br />the Design-Builder, Owner, and Owner’s Owner Representative, Design-Builder’s Principal-In- <br />Charge/Signatory and Owner’s Signatory, upon the request of any party, shall meet as soon as <br />conveniently possible, but in no case later than thirty (30) days after such a request is made, to <br />attempt to resolve any issue. <br />10.7.2 If after meeting the Design-Builder’s PIC and Owner’s Signatory, determine that the <br />dispute cannot be resolved on terms satisfactory to both parties, the parties shall submit within <br />thirty (30) days of the conclusion of the meeting a formal Claim and request facilitated, non- <br />binding mediation. <br />The mediation shall be conducted by a mutually agreeable impartial mediator. If the parties have <br />not reached an agreement on a mediator within thirty (30) days of the request, either party may <br />submit the unresolved claims or disputes to JAMS, Seattle, Washington, or such other alternative <br />dispute resolution service to which the parties mutually agree, for appointment of a single <br />mediator. The parties to the mediation shall share the mediator’s fee and any filing fees equally. <br />The mediation shall be held near the place where the Project is located unless another location is
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