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2. ~ ~ The Owner shall communicate with persons-or <br />entities employed or retained by the Design/Builder through <br />the Design/Builder, unless otherwise directed by the <br />DesigrYBuilder. <br /> <br />ARTICLE 3 <br />DESIGN/BUILDER <br /> <br />-SERVICES AND RESPONSIBILITIES <br /> <br />3.1.1 Design services required by this Part 2 Agreement <br />shall be performed by qualified and duly li~er~ architects <br />and other design professionals. The contractual obligations of <br />such professional persons or entities are undertaken and <br />performed in the interest of the Design/Builder, <br /> <br />3.1.2 The agreements between the DesisWBuilder and the <br />persons or entities identified in this Part 2 Agreement~ and any <br />subsequent modifications, shall be in writing. These <br />agreements, including £mancial anangements with r~pe~ to <br />this Project~ shall be promptly and fully disclosed to the <br />Owner upon request. <br /> <br />3,1,3 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 Amhitect and other design <br />professionals, performing any portion of the DesigrffBuilder's <br />obligations under'this 'Part 2 Agreen~ent. <br /> <br />3.2 -BASIC SERVICES <br /> <br /> The Des~rffBuilder's Basic Services are described <br />bale.wand in Article 14, <br /> <br />3.2.2 The Design/Builder shall designate a representative <br />authorized to act on the Design/Builder's behalf with respect <br />to the Project. <br /> <br />3.2.3 The Design/Builder shall submit Construction <br />Documents for review and approval by the Owner. <br />Construction Documents ma;.' ~all include drawings, <br />specifications, and other doc~meaats and electronic data setting <br />forth in detail the requirements for construction of the Work, <br />and shall: <br /> <br />'* .1 be consistent with the intent of the Design/Builder's <br /> Proposal; <br /> <br />.2 provide information for thc usc of those in thc <br /> building trades; and <br /> <br />.3 include documents customarily required for <br /> regulatory agency approvals. <br /> <br />3.2.4 The Design/B. ui!der~ wi'.th, the assistance of the Owner, <br />shall file- documents required.to' obtalnnecessary approvals of <br />governmental authorities having jurisdiction over the Project. <br /> <br />insert O: 3.2.411 The Desi_ma/Builder shall be responsible <br />for the completeness and accuracy of the Construction <br />Documents for'the'Project and for'their eomplianee with ali. <br />applicable laws. rotes, re_inflations, ordinances, and <br />requirements of each document made a pert of this ,~3jeement <br />under subpar _agraph t. 1.1. <br /> <br />'3.2.5 Unless otherwise provided in the Contract <br />· Documents, .the Desil~a/Builder slml.1 .provide or cause to be <br />provided and shall pay .for design services, labor, materials, <br />equipment, tools, construction equipment and machinery, <br />water, h~t, utilities, transportation and other facilities and <br />services necessary for proper execution and completion of the <br />Work. whether teanpora~ or permanent and whether or not <br />incorporated or to be incorporated in the Work. <br /> <br />3.2.6 The Design/Builder shall be responsible for all <br />construction means, methods, techniques, sequences and <br />procedures, and for coordinating all portions of the Work <br />under this Part 2 Agreement. <br /> <br />.lnsert R: 3.2:6.1 Desi_m~ui.lder shall-be solely responsible <br />for and shall establish and enforce safe world~_ procedures at <br />all times during its performance of Work in accordance with <br />all federal, state and local laws. ordinances, rules and <br />re_mdations pertainm' _~ to safety, <br /> <br />3.2.7 Thc Design/Builder shall keep the Owner informed of <br />the progress and quality of the Work~ <br />Profla'_ ess Meetin~ with a frequency as mutually asr_ eed by the <br />Owner and the Desi_mgBuildcr. <br /> <br />3.2.8 The Design/Builder shall be responsible for <br />correcting Work which does not conform to the Contract <br />Documents. <br /> <br />3.2.9 The Design/Builder warrants to the Owner that <br />materials and equipment furnished under the Contract will be <br />of good quality and new unless otherwise required or pexmitted <br />by the Contxact Documents, that the construction will be free <br />-from faults and defects, and that the construction will conform <br />with the requirements of the Contract Documents. <br />Construction not conforming to these requirements, including <br />substitutions not properly approved by the Owner, shall be <br /> <br />W~499163.4 <br /> <br /> <br />