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2008-247
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2008-247
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Last modified
2/6/2026 1:00:16 PM
Creation date
10/1/2015 12:28:03 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/12/2008
Control Number
2008-247
Agenda Item Number
15.A.1
Entity Name
Barth Construction
Subject
Fire Station #9 Part II Agreement
Area
Roseland Road
Supplemental fields
SmeadsoftID
7515
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.5 additional costs of supervision and field office personnel directly attributable <br />to the change; and fees paid to the Architect, engineers and other <br />professionals. <br />§ 8.3.3 Pending final determination of cost to the Owner, amounts not in dispute may be <br />included in Applications for Payment. The amount of credit to be allowed by the <br />Design/Builder to the Owner for deletion or change which results in a net decrease in <br />the Contract Sum will be actual net cost. When both additions and credits covering <br />related Work or substitutions are involved in a change, the allowance for overhead and <br />profit shall be figured on the basis of the net increase, if any, with respect to that <br />change. <br />§ 8.3.4 When the Owner and the Design/Builder agree upon the adjustments in the <br />Contract Sum and Contract Time, such agreement shall be effective immediately and <br />shall be recorded by preparation and execution of an appropriate Change Order. <br />§ 8.4 MINOR CHANGES IN THE WORK <br />§ 8.4.1 The Design/Builder shall have authority to make minor changes in the <br />Construction Documents and construction consistent with the intent of the Contract <br />Documents when such minor changes do not involve adjustment in the Contract Sum or <br />extension of the Contract Time. The Design/Builder shall promptly inform the Owner, in <br />writing, of minor changes in the Construction Documents and construction. <br />§ 8.5 CONCEALED CONDITIONS <br />§ 8.5.1 If conditions are encountered at the site which are (1) subsurface or otherwise <br />concealed physical conditions which differ materially from those indicated in the <br />Contract Documents, or (2) unknown physical conditions of an unusual nature which <br />differ materially from those ordinarily found to exist and generally recognized as <br />inherent in construction activities of the character provided for in the Contract <br />Documents, then notice by the observing party shall be given to the other party promptly <br />before conditions are disturbed and in no event later than 21 days after first observance <br />of the conditions. The Contract Sum shall be equitably adjusted for such concealed or <br />unknown conditions by Change Order upon claim by either party made within 21 days <br />after the claimant becomes aware of the conditions. <br />§ 8.6 REGULATORY CHANGES <br />§ 8.6.1 The Design/Builder shall be compensated for changes in the construction <br />necessitated by the enactment or revisions of codes, laws or regulations subsequent to <br />the submission of the Design/Builder's Proposal. <br />ARTICLE 9 CORRECTION OF WORK <br />§ 9.1 The Design/Builder shall promptly correct Work rejected by the Owner or known <br />by the Design/Builder to be defective or failing to conform to the requirements of the <br />Contract Documents, whether observed before or after Substantial Completion and <br />whether or not fabricated, installed or completed. The Design/Builder shall bear costs <br />of correcting such rejected Work, including additional testing and inspections. <br />§ 9.2 If, within one (1) year after the date of Substantial Completion of the Work or, after <br />the date for commencement of warranties established in a written agreement between <br />the Owner and the Design/Builder, or by terms of an applicable special warranty <br />required by the Contract Documents, any of the Work is found to be not in accordance <br />15 <br />
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