AG 2002 07 22 (Regular) - Laserfiche WebLink

Home Browse Search

representations and warranties contained in the Contract Documents) as a material inducement to the Owner to enter into this Agreement: (1) that it is financially solvent, able to pay all debts as they mature and possessed of sufficient working capital to complete the Work and perform all obli~tions under the Contract Documents: (2) that it is able to furnish the facilities, tools, materials, su_nplies, equipment and labor required to complete the Work and perform its oblig_ations under the Contract Documents and has sufficient experience and competence to do so: (3) that it is authorized to do business where the Project is located and is properly licensed, or shall employ or otherwise hire properly licensed individuals or firms, by all necessary_ governmental and public. and quasi-public authorities having jurisdiction over the Desi_mffBuilder and over the Work and the Project; and (4) that its execution of this Agreement and performance thereof is within the DesigrffBuilder's duly authorized powers. The representations and warranties given herein shall survive the execution of the Contract. any termination of this Agreement and the trmal completion of the Work. 7.8 Desi_ma/Builder a~r_ ees to accept all of the general terms and conditions set forth in Part 2 Agreement (as of the date of this Part 1 Agr_ eemen0 to which the Desi_mVBuilder shall execute if and when the Owner at its sole discretion elects to sign. 7.9 Project Records. The Design/Builder and its subcontractors shall maintain the following Project records:. bid estimates, payment records, payroll records, meeting minutes, daily reports. 1o~. diaries, schedules, internal correspondence, notes and memoranda and all correspondence between and among all of the parties involved in the Project including but not limited to all lower tier subcontractors, suppliers, manufacturers and vendors, the Architect and the Owner. These project records ~hall be made readily available to the Owner upon request. ARTICLE 8 TERMINATION OF THE AGREEMENT 8.t This Part 1 Agreement may be terminated by either party upon s~ven (D fourteen (14) days' written notice should the other party fail to perform substantially in accordance with its terms through no fault of the party initiating the termination. 8.2 This Part 1 Agreement may be terminated by the Owner at any time for the Owner's convenience and without callse ut., ............... \- x ~.;, ...................... 8.3 In the event of termination not the fault of the Design/Builder, the Design/Builder shall be compensated for services performed to the termination date, together with Reimbursable Expenses then due and Termination Expenses. Termination Expenses are expenses directly attributable to termination, including a reasonable amount for overhead and profit, for which the Design/Builder is not otherwise compensated under this Part 1 Agreement. Insert L: 8.4 Cooperation and Use of Documents. To the maximum extent allowable under North Carolina architect. engineer and desi_m'ffbuild licensing law: (a) In the event 0f any termination by the Owner. Desi?~Builder consents to Owner's selection of another desi_m,./builder of Owner's choice to assist Owner in completing the Project: (b) Desi_m,JBuilder agrees to cooperate and provide any information requested by Owner in connection with the completion of the Project aad consents to and authorizes the making_ of any reasonable changes to the design of the Project as Owner and such other desi_mgbuilder may desire: (c) Drawing. specifications, and other documents and electronic data furnished by the Desi_mffBuilder may be used by the Owner for additions to this Project and for completion of this Project by others: and (d) In the event of termination of the Desi_m'u'Builder. Design/Builder shall immediately provide to Owner copies of all drawings, specifications, and other documents and electronic data in connection with the Project to enable Owner to complete the Project. ARTICLE 9 BASIS OF COMPENSATION The Owner shall compensate the Design/Builder in accordance with Article 5, Payments, and the other provisions of this Part 1 Agreement as described below. 9.1 COMPENSATION FOR BASIC SERVICES 9.'~.1 FOR BASIC SERVICES, compensation shall be as follows: The Owner will compensate the Desi_ma/Builder for Basic Services de£med within this Part 1 Agreement a lump sum fee Eighty-five Thousand Dollars ($85,000). 9.t.2 AN INI'ilAL PAYMENT of N__qo Dollars ($ 0 ) shall be made upon execution of this Part I Agreement and credited to the Owner's account as follows: © AJA DOCUMENT Al91 · oI~rNER-DESIGN/BUILDER AGREEMENT · SECOND EDITION - AIA® · ©1996 THE AMt~JtlC~ ~8'llTtJTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, DC 20006-5292 · WARNING: Unliccnscd photocopying violates U.S. copyright laws and is subject to lcgal prosecution.. This document was electronically produced with permission of the AIA and can be reproduced Without violation until the date of expiration as noted below. Electronic Format A191 -1996 ll