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TERMS AND CONDITIONS PART 1 AGREEMENT <br /> <br /> ARTICLE 1 <br /> DESIGN/BUILDER <br /> <br />1.1 SERVICES <br /> <br />1.1.1 Based upon owner-a.~Droved schematic design <br />documents prepared by Martin. Boal. Anthon_v & Johnson <br />Architects. tal~reliminary design, budget, and schedule <br />comprise the services required to accomplish the preparation <br />and submission of the Design/Builder's Proposal as well as the <br />preparation and submission of any modifications to the <br />Proposal prior to execution of the Part 2 Agreement. <br /> <br />t.2 <br /> <br />RESPONSIBILITIES <br /> <br />1.2.1 Design services required by this Part 1 Agreement <br />shall be performed by qualified architects and other design <br />professionals. The contractual obligations of such professional <br />persons or entities are undertaken and performed in the interest <br />of the Design/Builder. <br /> <br />1.2.2 The agreements between the Design/Builder and the <br />persons or entities identified in this Part 1 Agreement, and any <br />subsequent modifications, shall be in writing. These <br />agreements, including £mancial arrangements with respect to <br />this Project, shall be promptly and fully disclosed to the <br />Owner upon request. <br /> <br />1.2.3 Construction budgets shall be prepared by qualified <br />professionals, cost estimators or contractors retained by and <br />acting in the interest of the Design/Builder. <br /> <br /> 1.2.4 The Design/Builder shall be responsible to the Owner <br /> for acts and omissions of the Design/Builder's employees, <br /> subcontractors and their agents and employees, and other <br /> persons, including the Architect and other design <br /> professionals, performing any portion of the Design/Builder's <br />· obligations under this Part I Agreement. See List of Key <br /> Personnel - Project Team (Exhibit D). attached and <br /> incorporated herein. <br /> <br />1.2.$ If the Design/Builder believes or is advised by the <br />Architect or by another design professional retained to provide <br />seg/ices on the Project that implementation of any instruction <br />received from the Owner would cause a violation of any <br />applicable law, the Design/Builder shall notify the Owner in <br />writing. Neither the Design/Builder nor the Architect shall be <br />obligated to perform any act which either believes will violate <br />any applicable law. <br /> <br />1.2.6 Noth/ng contained in this Part 1 Agreement shall <br />create a contractual relationship between the Owner and any <br />person 6r entity other than the Design/Builder. <br /> <br />Insert A: 1.2.6.1 Desi~ma/Builder shall be an independent <br />contractor in all its activities pursuant to this Agreement. <br />Desi_ma/Builder is not to be considered the Owner's employee <br />or agent for any purpose including__ but not limited to, .the <br />accrual of any employee benefits. Desi_ma/Builder is not <br />authorized to represent the Owner or otherwise bind the Owner <br />in any dealin~ between Desi_ma/Builder and th/rd parties. Any <br />employees furnished by Desi_mVBuilder under this A~r_ cement <br />shall be deemed to be Design/Builder's employees .exclusively. <br /> <br />Insert B: 1.2.7 The Owner and DesimVBuilder _agree and <br />ifitend for th/s Project to be a "turn-kerr" job with the <br />Desi_mdBuilder as a sin~e point of responsibility. The <br />Design/Builder assumes all costs and ri.qks incident to the <br />creation of a complete and fully operational facility, and .qhall <br />bear the risk for all loss and damage to the Work until its <br />completion and acceptance, <br /> <br />Insert C: 1.2.8 Desi_mffBuilder shall comply with all federal, <br />state and local laws. ordinances, roles and re_malations <br />anolicable to the Work. <br /> <br />Insert D: 1.2.9 The Desi_m,JBuilder shall not rely upon the <br />accuracy and completeness of the schematic design documents <br />prepared by Martin. BoaL Anthony & Johnson Architects <br />0gxhibit A). The Design/Builder shall perform its own <br />independent investigation verifying and confirming all <br />information set out in such schematic de_qign documents. <br /> <br />Insert E: 1.2.10 The term "arbitration" as used in the <br />Contract Documents shall mean private adjudication as <br />described in Article 6. <br /> <br />1.3 BASIC SERVICES <br /> <br />1.3.J The Design/Builder shall provide a preliminm7 <br />evaluation of the Owner's approved schematic design <br />documents, program and project budget requirements, each in <br />terms of the other. <br /> <br />1.3.2 The Design/Builder shall visit the site, become <br />familiar with the local conditions, and correlate observable <br />conditions with the requirements of the Owner's schematic <br />design documents, program, schedule, and budget. <br /> <br />© AIA DOCUMENT Al91 · OWNEK-DF~IGN/BUILDEK AGREEMENT · SECOND EDITION · AIA® · ©1996 THE AMERICAN INSTFrUTE OF ARCHITECTS, <br />1735 NEW YORK AVENUE, NW, WASHINGTON, DC 20006-5292 · WARNING: Uniicemcd photocopying violates U.S. copyright laws and is subject to legal <br />prosecution.. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiratio~ ss noted below. <br /> <br /> Electronic Format Al91 -1996 <br /> 5 <br /> <br /> <br />