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T Bailey Inc 9/28/2017
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10 Years Then Transfer to State Archivist
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T Bailey Inc 9/28/2017
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Entry Properties
Last modified
5/4/2018 9:12:52 AM
Creation date
10/10/2017 9:59:54 AM
Metadata
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Contracts
Contractor's Name
T Bailey Inc
Approval Date
9/28/2017
Council Approval Date
9/13/2017
End Date
6/15/2018
Department
Public Works
Department Project Manager
Richard Hefti
Subject / Project Title
WPF East Clearwell Roof Replacement
Public Works WO Number
UP3662
Tracking Number
0000873
Total Compensation
$3,022,197.06
Contract Type
Capital Contract
Retention Period
10 Years Then Transfer to State Archivist
Document Relationships
T BAILEY INC 4/8/2018 Change Order 1
(Contract)
Path:
\Documents\City Clerk\Contracts\Capital Contract
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y i ' <br /> 10.4.3 The name of each person employed or associated with Design-Builder, Subcontractors, <br /> suppliers, and/or the Owner with knowledge about the event or condition which gave rise to the <br /> Claim; <br /> 10.4.4 Copies of documents and a written description of the substance of any oral <br /> communications that concern or relate to the Claim; <br /> 10.4.5 The specific provisions of the Contract Documents on which the Claim is based; <br /> 10.4.6 if an adjustment in the Contract Price is sought, the exact amount sought, calculated in <br /> accordance with the Contract Document and accompanied by all records supporting the Claim; <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 Contract Price or Contract Time for which Design-Builder believes <br /> the Owner is 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 60 days from <br /> the date the fully documented Claim is received with a decision regarding the Claim. The Claim <br /> shall be deemed denied upon the 61st day following receipt of the Claim by Owner. Any Claims <br /> not fully resolved must be submitted to Dispute Resolution in accordance with Section 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 at all times so as to avoid or minimize disputes or <br /> disagreements. If disputes or disagreements do arise, Design-Builder and Owner each commit to <br /> resolving such disputes or disagreements in an amicable, professional and expeditious manner <br /> so as to avoid unnecessary losses, delays and disruptions to the Work. <br /> 10.7.2 If a Claim or other disagreement cannot be resolved through Design-Builder's <br /> Representative and Owner's Representative, then Design-Builder's Senior Representative and <br /> Owner's Senior Representative, upon the request of either party, shall meet as soon as <br /> conveniently possible, but in no case later than 30 days after such a request is made, to attempt <br /> to resolve such Claim. <br /> 10.7.3 If after meeting the Senior Representatives determine that the Claim or other <br /> disagreement cannot be resolved on terms satisfactory to both parties, the parties shall submit <br /> within 30 days after the conclusion of the meeting of Senior Representatives, or within a mutually <br /> agreed on time frame, the dispute or disagreement to non-binding mediation. The mediation shall <br /> be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a <br /> East Clearwell Project General Conditions of Contract Page 21 <br />
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