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. v D <br /> . \, � p � <br /> A. The Technical Review Evaluation Committee may select additional engineering <br /> and technical experts and design-build experts to serve as committee members to score <br /> each technical element of the project. <br /> B. Each member of the Technical Review Evaluation Committee shall make a <br /> written scoring of the assigned elements, and the scoring shall be available for public <br /> review. Such scores shall be considered a Public Record. <br /> C. The contract for the Design-Build project shall be awarded to the Lowest <br /> Responsible Bidder. <br /> 15. Appeal <br /> Design-Builders who have submitted bona fide proposals may, within seven (7) <br /> days of the announcement of the award by the Port, challenge the scores by submitting <br /> a letter to the Port Executive Director describing in detail the reasons for the challenge. <br /> The Board of Port Commissioners shall have the authority to resolve any challenge <br /> conceming the award of a contract. A written decision shall be rendered by the Port <br /> within fourteen (14) days from the date of the hearing before the Board and the decision <br /> shall be mailed or otherwise fumished immediately to the Design-Builder making the <br /> challenge. The decision of the Port shall be final, and no appeal will be allowed unless: <br /> A. The decision is fraudulent; or <br /> B. The person or entity affected by the decision of the Port has timely appealed to <br /> the court of proper venue the decision of the Board of Port Commissioners. <br /> 16. Finalitv <br /> Once the Design-Builder has been chosen and a contract for a stipulated <br /> schedule and sum certain price executed, the price of the Design-Build contract shall <br /> not be increased other than (1) for changes on the scope of work by the Board or by the <br /> Port Executive Director, as the case may be; (2) for inflation if prescribed in the contract; <br /> and (3) for site or other conditions of which the Design-Builder had no knowledge and <br /> should not have had knowledge as a reasonable possibility existing at the site or <br /> conceming the design and construction. <br /> Section II <br /> This ordinance shall be effective thirty (30) days after its adoption. <br /> . � � t � <br /> Page 5 of 6 <br /> Port Design Build <br /> 07/15/2011 R <br />