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AG 2002 07 22 (Regular)
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AG 2002 07 22 (Regular)
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Last modified
3/2/2006 5:01:32 PM
Creation date
11/27/2017 11:43:40 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/22/2002
Board
Board of Commissioners
Meeting Type
Regular
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representations and warranties contained in the Contract <br />Documents) as a material inducement to the Owner to enter <br />into this Agreement: (1) that it is financially solvent, able to <br />pay all debts as they mature and possessed of sufficient <br />working capital to complete the Work and perform all <br />obli~tions under the Contract Documents: (2) that it is able <br />to furnish the facilities, tools, materials, su_nplies, equipment <br />and labor required to complete the Work and perform its <br />oblig_ations under the Contract Documents and has sufficient <br />experience and competence to do so: (3) that it is authorized <br />to do business where the Project is located and is properly <br />licensed, or shall employ or otherwise hire properly licensed <br />individuals or firms, by all necessary_ governmental and public. <br />and quasi-public authorities having jurisdiction over the <br />Desi_mffBuilder and over the Work and the Project; and (4) that <br />its execution of this Agreement and performance thereof is <br />within the DesigrffBuilder's duly authorized powers. The <br />representations and warranties given herein shall survive the <br />execution of the Contract. any termination of this Agreement <br />and the trmal completion of the Work. <br /> <br />7.8 Desi_ma/Builder a~r_ ees to accept all of the general terms <br />and conditions set forth in Part 2 Agreement (as of the date of <br />this Part 1 Agr_ eemen0 to which the Desi_mVBuilder shall <br />execute if and when the Owner at its sole discretion elects to <br />sign. <br /> <br />7.9 Project Records. The Design/Builder and its <br />subcontractors shall maintain the following Project records:. <br />bid estimates, payment records, payroll records, meeting <br />minutes, daily reports. 1o~. diaries, schedules, internal <br />correspondence, notes and memoranda and all correspondence <br />between and among all of the parties involved in the Project <br />including but not limited to all lower tier subcontractors, <br />suppliers, manufacturers and vendors, the Architect and the <br />Owner. These project records ~hall be made readily available <br />to the Owner upon request. <br /> <br /> ARTICLE 8 <br />TERMINATION OF THE AGREEMENT <br /> <br />8.t This Part 1 Agreement may be terminated by either <br />party upon s~ven (D fourteen (14) days' written notice should <br />the other party fail to perform substantially in accordance with <br />its terms through no fault of the party initiating the <br />termination. <br /> <br />8.2 This Part 1 Agreement may be terminated by the <br />Owner at any time for the Owner's convenience and without <br />callse ut., ............... \- x ~.;, ...................... <br /> <br />8.3 In the event of termination not the fault of the <br />Design/Builder, the Design/Builder shall be compensated for <br />services performed to the termination date, together with <br />Reimbursable Expenses then due and Termination Expenses. <br />Termination Expenses are expenses directly attributable to <br />termination, including a reasonable amount for overhead and <br />profit, for which the Design/Builder is not otherwise <br />compensated under this Part 1 Agreement. <br /> <br />Insert L: 8.4 Cooperation and Use of Documents. To the <br />maximum extent allowable under North Carolina architect. <br />engineer and desi_m'ffbuild licensing law: (a) In the event 0f <br />any termination by the Owner. Desi?~Builder consents to <br />Owner's selection of another desi_m,./builder of Owner's choice <br />to assist Owner in completing the Project: (b) Desi_m,JBuilder <br />agrees to cooperate and provide any information requested by <br />Owner in connection with the completion of the Project aad <br />consents to and authorizes the making_ of any reasonable <br />changes to the design of the Project as Owner and such other <br />desi_mgbuilder may desire: (c) Drawing. specifications, and <br />other documents and electronic data furnished by the <br /> <br />Desi_mffBuilder may be used by the Owner for additions to this <br />Project and for completion of this Project by others: and (d) In <br />the event of termination of the Desi_m'u'Builder. Design/Builder <br />shall immediately provide to Owner copies of all drawings, <br />specifications, and other documents and electronic data in <br />connection with the Project to enable Owner to complete the <br />Project. <br /> <br /> ARTICLE 9 <br />BASIS OF COMPENSATION <br /> <br />The Owner shall compensate the Design/Builder in accordance with Article 5, Payments, and the other provisions of this Part 1 <br />Agreement as described below. <br /> <br />9.1 COMPENSATION FOR BASIC SERVICES <br /> <br />9.'~.1 FOR BASIC SERVICES, compensation shall be as follows: <br />The Owner will compensate the Desi_ma/Builder for Basic Services de£med within this Part 1 Agreement a lump sum fee Eighty-five <br />Thousand Dollars ($85,000). <br /> <br />9.t.2 AN INI'ilAL PAYMENT of N__qo Dollars ($ 0 ) shall be made upon execution of this Part I Agreement and credited to the <br />Owner's account as follows: <br /> <br />© AJA DOCUMENT Al91 · oI~rNER-DESIGN/BUILDER AGREEMENT · SECOND EDITION - AIA® · ©1996 THE AMt~JtlC~ ~8'llTtJTE OF ARCHITECTS, <br />1735 NEW YORK AVENUE, NW, WASHINGTON, DC 20006-5292 · WARNING: Unliccnscd photocopying violates U.S. copyright laws and is subject to lcgal <br />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. <br /> Electronic Format A191 -1996 <br /> ll <br /> <br /> <br />
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