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§ 5.3.3 The Design -Builder shall enforce strict discipline and good order among the Design -Builder's employees and
<br />other persons carrying out the Work. The Design -Builder shall not permit employment of unfit persons or persons
<br />not properly skilled in tasks assigned to them.
<br />§ 5.4 Taxes
<br />The Design -Builder shall pay sales, consumer, use and similar taxes, for the Work provided by the Design -Builder,
<br />that are legally enacted when the Design -Build Amendment is executed, whether or not yet effective or merely
<br />scheduled to go into effect.
<br />§ 5.5 Permits, Fees, Notices and Compliance with Laws
<br />§ 5.5.1 Unless otherwise provided in the Design -Build Documents, the Design -Builder shalli3ecure and pay for the
<br />building permit as well as any other permits, fees, licenses, and inspections by government agencies, necessary for
<br />proper execution of the Work and Substantial Completion of the Project.
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<br />§ 5.5.2 The Design -Builder shall comply with and give notices required by applicable laws, statutes, ordinances,
<br />codes, rules and regulations, and lawful orders of public authorities, applicable to performance of the Work.
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<br />§ 5.5.3 Concealed or Unknown Conditions. If the Design -Builder encounters conditions at th_,.,�§Iite�!_, lq,�i �!'Jt at are (1)
<br />subsurface or otherwise concealed physical conditions that differ materially from those indiddted, n the Design -
<br />Build Documents or (2) unknown physical conditions of an unusual nature that differ materially ,tom those
<br />ordinarily found to exist and generally recognized as inherent in construction activities of the."cha'.Uacter provided for
<br />in the Design -Build Documents, the Design -Builder shall promptly provide notice to the 0v4hierb�.Bor.e conditions
<br />are disturbed and in no event later than 21 days after first observance of the conditions. The Owner shdll promptly
<br />investigate such conditions and, if the Owner determines that they differ materially and cause an increase or
<br />decrease in the Design -Builder's cost of, or time required for, performance of any part of the Work, s ,-'all
<br />recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner e Ines that the
<br />conditions at the site are not materially different from those indicated in the Design -Build Doc entd that no
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<br />change in the terms of the Contract is justified, the Owner shall promptly notify the Design-BufldQrl in writing,
<br />stating the reasons. If the Design -Builder disputes the Owner's determination or recommenda"fiolf"i 11the Design -
<br />Builder may proceed as provided in Article 14.
<br />§ 5.5.4 If, in the course of the Work, the Design -Builder encounters human remains, or recognizes "t' n'e existence of
<br />burial markers,, archaeological sites, or wetlands, not indicated in the Design -Build Documents, t Design -Builder
<br />shall immediately suspend any operations that would affect them and shall notify the Owner. Upon reTipt of such
<br />notice, the Owner shall promptly take any action necessary to obtain governmental authorization requifed to resume
<br />the operations. The Design -Builder shall continue to suspend such operations until otherwise instructed by the
<br />Owner but shall continue with all other operations that do not affect those remains or feature s""'. R(',m�,q s t-s for
<br />adjustments in the Contract Sum and Contract Time arising from the existence of such remaMs or features may be
<br />made as provided in Article 14.
<br />§ 5.6 Allowances
<br />§ 5.6.1 The Design -Builder shall include in the Contract Sum all allowances stated in the De§gn�Build Documents.
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<br />Items covered by allowances shall be supplied for such amounts, and by such persons or ent.0 �i§.thq Owner may
<br />direct, but the Design -Builder shall not be required to employ persons or entities to whom the Design Builder has
<br />reasonable objection.
<br />§ 5.6.2 Unless otherwise provided in the Design -Build Documents,
<br />.1 allowances shall cover the cost to the Design -Builder of materials and equipmeiA deliy6ted at the site
<br />and all required taxes, less applicable trade discounts;
<br />.2 the Design -Builder's costs for unloading and handling at the site, labor, installEWn costoverhead,
<br />profit, and other expenses contemplated for stated allowance amounts, shall bld includM- in the
<br />Contract Sum but not in the allowances and
<br />.3 whenever costs are more than or less than allowances, the Contract Sum shall bdadjustM accordingly
<br />by Change Order. The amount of the Change Order shall reflect (1) the differ..'j"ahce-:..-..b.e.t.wyen actual
<br />costs and the allowances under Section 5.6.2.1 and (2) changes in Design -Builder's costs under
<br />Section 5.6.2.2.
<br />AIA Document A1411K — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIAV
<br />Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 13
<br />or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the
<br />law. This draft was produced by AIA software at 13:59:58 ET on 04/09/2020 under Order No. 3456073873 which expires on 04/04/2021, and is
<br />not for resale.
<br />User Notes: (3B9ADAS4)
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