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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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TERMS AND CONDITIONS--PART 2 AGREEMENT <br /> <br /> ARTICLE 1 <br /> GENERAL PROVISIONS <br /> <br />1 .t BASIC DEFINITIONS <br /> <br />1.1.1 The Contract Documents consist of the Part 1 <br />Agreement to the extent not modified by this Part 2 <br />Agreement, this Part 2 Agreement, the Design/Builder's <br />Proposal and written addenda to the Proposal identified in <br />Article 14, the Construction Documents approved by the <br />Owner in accordance with Subparagraph 3.2.3 and <br />Modifications issued after execution of this Part 2 Agreement. <br />A Modification is a Change Order or a written amendment to <br />this Part 2 Agreement signed by both parties, or a Construction <br />Change Directive issued by the Owner in accordance with <br />Paragraph 8.3. <br /> <br />1.1.2 The term "Work" means the construction and services <br />provided by the Design/Builder to fulfill the Design/Builder's <br />obligations. <br /> <br />Insert M: 1.1.3 The term "'arbitration". as used in the <br />Contract Documents. shall mean private ad!udicati0rl ~8 <br />described in Article i0. <br /> <br />1.2 EXECUTION, CORRELATION AND INTENT <br /> <br />t.2,1 It ii the intent of the Owner and Design/Builder that the <br />Contract Documents include all items necessary for proper <br />execution and completion of the Work. The Contract <br />Documents are complementary, and what is required by one <br />shall be as binding as if required by al!; F:ffc.'~,,=:c: by *A: <br /> <br />*'~; ................ ~ .... **'~ inLet, dod rcau!~. Work not <br />exp_ ressly required by the Contra~ Documents, but which is <br />reasonably implied as necessary_ to produce thc results <br />intended by the ConWact Documents. shall be considered by <br />the Desi_mafBuilder to be required. Words that have well- <br />known technical or construction industry meanings are used in <br />the Contract Documents in accordance with such recognized <br /> <br />1.2.2 If the Design/Builder believes or is advised by the <br />Architect or by another design professional retained to provide <br />services on the Project that implementation of any instruction <br />received firom 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 /> <br />applicable law. <br /> <br />1,2.3 Nothing contained in this Part 2 Agreement shall create <br />a contractual relationship between the Owner and any person <br />or entity other than the Design/Builder. <br /> <br />Insert N: 1.2.3.1 Desi_an/Builder shall be an independent <br />contractor in all its activities pursuant to t, his A~'_ cement, <br />Desi_an/Builder is not to be considered the Owner's employee <br />or ~ent for any purpose ineludin~ but not limited to. the <br />accrual of any employee benefits. Des'mn/Builder is not <br />authorized to represent the Owner or otherwise bind the Owner <br />in any dealing, s between Desi_ma/Builder and third parties. Any <br />employees furnished by Desi_en/Builder under this Agr_ cement <br />shall be deemed to be Desi_an/Builder's employees exclusively, <br />See List of Key Personnel - Project Team, Exhibit D. attached <br />and incorporated herein. <br /> <br />Insert O: 1.2.4 The Owner and Desi_mVBuilder a~ee and <br />intend for this Project to be a "turn-key" job with the <br />Desigr~Builder as a sin~e Point of responsibility, The <br />Desi_an/Builder assumes all costs and risks incident to the <br />creation of a complete and fully operational facility_, and shall <br />bear the risk for all loss and damage to the Work until i~s <br />completion and accept~lce. <br /> <br />Insert P: 1.2.5 The Desi_mVBuilder shall not rely upon the <br />accuracy and completeness of the schematic design documents <br />prepared by Martin_ Boal. Anthon_v & Johnson ArchiteCts. <br />The Desi_~Builder shall perform its own independent <br />investi~tion verif-yin_~ and confirming_ all information ~et out <br />in such schematic design documents, <br /> <br />1.3 OWNERSHIP AND USE OF DOCUMENTS <br /> <br />1,3.1 Drawings, specifications, and other documents and <br />electronic data furnished by the Design/Builder are <br />insmaments of service. The Design/Builder's Architect and <br />other providers of professional services shall retain all common <br />law, statutory and other reserved rights, including copyright in <br />those instruments of service furnished by them. Drawings, <br />specifications, and other documents and electronic data are <br />furnished for use solely with respect to this Project Pm'~, 2 <br />P~emcrg. The Owner shall be permitted to retain copies, <br />including reproducible copies, of the drawings, specifications, <br />and other documents and electronic data furnished by the <br />DesignfBuilder for information and reference in connection <br />with the Project except as provided in Subparagraphs 1.3.2 and <br />1.3.3. <br /> <br />© AIA DOCUMENT Al91 · OWNI~-DF~IGlq/BUILDER AGREEMENT · SECOND EDITION · AlAS · $1996 THE AMERICAN INSTITUTE OF AI{CH1TF~TS, <br />1735 NEW YORK AVENUE, NW, WASHINGTON, DC 20006-5292 · wARNING: Unlicensed photocopy/ng violates U.S. copyri~lt laws and is subject to legal <br />prosecution.. This documen~ was electronically produced with permission of the AIA and can be reproduced without violation until thc date of expiration as noted below. <br /> Electronic Format A191.1996 <br /> 16 <br /> <br /> <br />
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