Architectural Design Contracts streamline and define the scope of an architectural project, I'll be sharing here today a Standard format that one can modify to suit his/ her needs.

OWNER:
DESIGN-BUILDER:
PROJECT:
Article 1
Article 2
Article 3
Article 4
Article 5
5.2 Substantial Completion and Final Completion
5.4 Liquidated Damages.
Article 6
6.1 Contract Price
6.2 Design-Builder’s Fee
.1 Wages of direct employees of Design-Builder performing the Work at the Site or, with Owner's agreement, at locations off the Site, provided, however, that the costs for those employees of Design-Builder performing design services shall be calculated on the basis of prevailing market rates for design professionals performing such services or, if applicable, those rates set forth in an exhibit to this Agreement.
6.4 Non-Reimbursable
Costs
6.5 The Guaranteed Maximum Price
6.5.1 GMP Established Upon Execution of this
Agreement
6.5.3 Savings
Article 7
7.1 Progress
Payments
7.2 Retainage on Progress Payments
Article 8
Article 9
9.1 Owner’s
Representatives
9.2 Design-Builder’s
Representatives
Article 10
Article 11
OWNER:
DESIGN-BUILDER:

Standard Form of Agreement
Between
Owner and Design-Builder Cost
Plus Fee with an Option for a Guaranteed Maximum Price
This document has important legal consequences. Consultation with an attorney is recommended
with respect to its completion or modification.
This AGREEMENT is made
as of the ____ day of ______ in the year _____ , by and between the following
parties, for services in connection with the Project identified below:
OWNER:
(Name and
address)
DESIGN-BUILDER:
(Name and
address)
PROJECT:
(Include
Project name and location as it will
appear in the Contract Documents)
In consideration of the mutual
covenants and obligations contained herein, Owner and Design-Builder agree as
set forth herein.
Article 1
Scope of
Work
1.1 Design-Builder shall
perform all design, design management, construction and construction management
services, and provide all facilities, supplies, material, equipment, tools and
labor, necessary to complete the Work described in and reasonably inferable
from the Contract Documents.
Notwithstanding the above, the scope of work does not include facilities
management or operation of the facility by Design-Builder.
Article 2
Contract
Documents
2.1 The
Contract Documents are comprised of the following:
.1 All written modifications, amendments (including, as applicable, the GMP
Exhibit referenced in Section 6.5.1.1 hereof or the GMP Proposal accepted by
Owner in accordance with Section 6.5.2 hereof) and change orders to this
Agreement issued in accordance with DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and
Design-Builder (1998 Edition) as amended (the “General Conditions of
Contract”);
.2
This Agreement, including all
exhibits (but excluding, if applicable, the GMP Exhibit) and attachments;
.3 Written
Supplementary Conditions, if any, to the General Conditions of Contract;
.4 The
General Conditions of Contract;
.5 Construction Documents prepared and approved in accordance with Section 2.4 of
the General Conditions of Contract;
.6 Owner’s
Requirements; and
.7 The
following other documents, if any:
The Comprehensive Agreement between Owner and
Design-Builder of even date herewith, including all exhibits and attachments,
along with all written modifications and amendments thereto (the “Comprehensive
Agreement”).
Article 3
Interpretation
and Intent
3.1 The Contract Documents
are intended to permit the parties to complete the Work and all obligations
required by the Contract Documents within the Contract Time(s) for the Contract
Price. The Contract Documents are intended to be complementary and interpreted
in harmony so as to avoid conflict, with words and phrases interpreted in a
manner consistent with construction and design industry standards. In the event any inconsistency, conflict, or
ambiguity between or among the Contract Documents is discovered, DesignBuilder
shall immediately seek clarification from Owner. In the event that Owner fails to clarify such
discrepancy within five (5) business days, the Contract Documents shall take
precedence in the order in which they are listed in Section 2.1 hereof, except
that the Comprehensive Agreement shall take precedence over all other Contract
Documents.
3.2 Terms, words and phrases
used in the Contract Documents, including this Agreement, shall have the
meanings given them in the General Conditions of Contract.
3.3 The Contract Documents
form the entire agreement between Owner and Design-Builder and by incorporation
herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements
have been made by the parties except as specifically stated in the Contract
Documents.
Article 4
Ownership
of Work Product
4.1 All drawings,
specifications and other documents and electronic data prepared by
Design-Builder or its Design Consultant(s) for the Project (the “instruments of
service”) and furnished to Owner under the Comprehensive Agreement or this
Agreement are deemed to be work for hire and the property of Owner.
4.2 If Owner uses the
instruments of service for any use other than the Work without employing the
applicable Design Consultant(s), then (a) Owner shall accept full
responsibility for such other use and neither Design-Builder nor the Design
Consultant(s) shall have any liability for such other use; and (b) to the
extent permitted by applicable law, Owner shall defend, indemnify and hold
harmless Design-Builder and its Design Consultant(s) from and against any and
all claims, damages, liabilities, losses and expenses, including reasonable
attorneys’ fees, arising out of or resulting from such use of the instruments
of service.
4.3 Design-Builder and its
Design Consultant(s) shall not reuse or site adapt the design for the Project
for any client other than the City of Manassas Park. Neither party will be responsible for the
other’s use of the instruments of service for purposes other than the Project,
unless there is a written agreement between the parties specifying
otherwise.
Article 5
Contract
Time
5.1 Date of Commencement. The Work shall commence within five (5)
days of Design-Builder’s receipt of Owner’s Notice to Proceed (the “Date of
Commencement”) unless the parties mutually agree otherwise in writing;
provided, however, that Owner shall issue its Notice to Proceed no later than
[insert date].
5.2 Substantial Completion and Final Completion
5.2.1 Substantial
Completion of the entire Work shall be achieved no later than ______ calendar days after the Date of Commencement (the “Scheduled
Substantial Completion Date”).
5.2.2 Interim milestones and/or Substantial
Completion of identified portions of the Work shall be achieved
as
follows: (Insert any interim milestones for
portions of the Work with different scheduled dates for Substantial Completion)
5.2.3 Final Completion of the Work or identified portions of the
Work shall be achieved as expeditiously as reasonably practicable, but in no
event shall Final Completion be achieved later than ______ calendar days
after the Scheduled Substantial Completion Date (the “Final Completion Date”).
5.2.4 All of the dates set forth in this Article 5 (“Contract
Time(s)”) shall be subject to adjustment in accordance with the General
Conditions of Contract.
5.3 Time is of the Essence. Owner and Design-Builder mutually agree that
time is of the essence with respect to the dates and times set forth in the
Contract Documents.
5.3.1 By executing this Agreement, Design-Builder confirms that the
Contract Time includes an allowance for normally adverse weather and is a
reasonable period for performing the Work.
5.4 Liquidated Damages.
5.4.1 Design-Builder understands that if Substantial Completion is
not attained by the Scheduled Substantial Completion Date, Owner will suffer
damages which are difficult to determine and accurately specify. Design-Builder agrees that if Substantial
Completion is not attained by thirty (30) days after the Scheduled Substantial
Completion Date (the “LD Date”), Design-Builder shall pay Owner Two Thousand
Dollars ($2,000.00) as liquidated damages for each calendar day that
Substantial Completion extends beyond the LD Date.
5.4.2 Design-Builder understands that failure to expeditiously
complete all work remaining to be completed after Substantial Completion will
cause Owner damages that are difficult to determine and accurately
specify. Design-Builder agrees that if
Final Completion is not attained by the Final Completion Date, Design-Builder shall pay Owner Two Thousand
Dollars ($2000.00) as liquidated damages for each calendar day that Final
Completion extends beyond the Final Completion Date.
5.4.3 Owner may deduct liquidated damages described in Section 5.4
from any unpaid amounts then or thereafter due Design-Builder under this
Agreement. Any liquidated damages not so
deducted from any unpaid amounts due Design-Builder shall be payable to Owner
at the demand of Owner, together with interest from the date of the demand at a
rate equal to the interest rate provided in Section 7.4 of this Agreement. The
liquidated damages provided herein shall be in lieu of all liability for any
and all extra costs, losses, expenses, claims, penalties and any other damages,
whether special or consequential.
Article 6
Contract
Price
6.1 Contract Price
6.1.1 Owner shall pay Design-Builder in accordance with Article 6
of the General Conditions of Contract a contract price (the “Contract Price”)
equal to Design-Builder’s Fee (as defined in Section 6.2 hereof) plus the Cost
of the Work (as defined in Section 6.3 hereof), subject to any GMP established
in Section 6.5 hereof and any adjustments made in accordance with the General
Conditions of Contract.
6.2 Design-Builder’s Fee
6.2.1
Design-Builder’s Fee shall be:
eight and one-half percent (8.5%) of the Cost of the Work,
as adjusted in accordance with Section 6.2.2 below.
6.3 Cost of the Work. The term Cost of the Work shall mean costs
reasonably incurred by DesignBuilder in the proper performance of the Work. The
Cost of the Work shall include only the following:
.2 Wages or salaries of Design-Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off-Site to assist in the coordination, production or transportation of material and equipment necessary for the Work.
.3 Wages or salaries of Design-Builder's personnel stationed at Design-Builder’s principal or branch offices and performing the following functions. Payment of the salaries of DesignBuilder’s project management, estimating, administrative, scheduling, safety and other personnel when working on items of Work specifically related to the Project at DesignBuilder’s principal office, Design Consultant(s)’ office, job site, field office or any other location for that portion of their time spent in the performance of the Work for the Project shall be included in the Cost of the Work. The cost of Vice Presidents and the President of Design-Builder is included in the Design-Builder’s Fee and is not part of the Cost of the Work. The reimbursable costs of personnel stationed at Design-Builder’s principal or branch offices shall include a fifty percent (50%) markup to compensate Design-Builder for the Project - related overhead associated with such personnel. (Insert the names, job description or job title of personnel)
.4 Costs incurred by Design-Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements, or which are customarily paid by Design-Builder, excluding bonuses, to the extent such costs are based on wages and salaries paid to employees of Design-Builder covered under Sections 6.3.1 through 6.3.3 hereof.
.5 The reasonable portion of the cost of travel, accommodations and meals for Design-Builder’s personnel necessarily and directly incurred in connection with the performance of the Work.
.6 Payments properly made by Design-Builder to Subcontractors and Design Consultants for performance of portions of the Work, including any insurance and bond premiums incurred by Subcontractors and Design Consultants.
.7 Costs incurred by Design-Builder in repairing or correcting defective, damaged or nonconforming Work, provided that such defective, damaged or nonconforming Work was beyond the reasonable control of Design-Builder, or caused by the ordinary mistakes or inadvertence, and not the negligence, of Design-Builder or those working by or through Design-Builder. If the costs associated with such defective, damaged or nonconforming Work are recoverable from insurance, Subcontractors or Design Consultants, Design-Builder shall exercise best efforts to obtain recovery from the appropriate source and credit Owner if recovery is obtained.
.8 Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work.
.9 Costs less salvage value of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design-Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items.
.10 Costs of removal of debris and waste from the Site.
.11 The reasonable costs and expenses incurred in establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses.
.12 Rental charges and the costs of transportation, installation, minor repairs and replacements, dismantling and removal of temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, which are provided by Design-Builder at the Site, whether rented from Design-Builder or others, and incurred in the performance of the Work.
.13 Premiums for insurance and bonds required by this Agreement or the performance of the Work.
.14 All fuel and utility costs incurred in the performance of the Work.
.15 Sales, use or similar taxes, tariffs or duties incurred in the performance of the Work.
.16 Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design-Builder’s performance of the Work, provided such costs do not arise from disputes between Owner and Design-Builder.
.17 Costs for permits, royalties, licenses, tests and inspections incurred by Design-Builder as a requirement of the Contract Documents.
.18 The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design-Builder resulting from such suits or claims, and paying settlements made with Owner's consent.
.19 Deposits which are lost, except to the extent caused by Design-Builder’s negligence.
.20 Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property.
.21 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner.
6.4 Non-Reimbursable
Costs
The following shall be excluded from the Cost of the Work:
.1 Compensation for Design-Builder's personnel stationed at Design-Builder’s
principal or branch offices, except as provided for in Sections 6.3.1, 6.3.2
and 6.3.3 hereof.
.2 Overhead and general expenses, except as provided for in Section 6.3 hereof, or
which may be recoverable for changes to the Work.
.3 The
cost of Design-Builder’s capital used in the performance of the Work.
.4 If the parties have agreed on a GMP, costs that would cause the GMP, as
adjusted in accordance with the Contract Documents, to be exceeded.
6.5 The Guaranteed Maximum Price
6.5.1 GMP Established Upon Execution of this
Agreement
6.5.1.1 Design-Builder
guarantees that it shall not exceed the GMP of ______________________________________. Design-Builder does not guarantee any
specific line item provided as part of the GMP, but agrees that it will be
responsible for paying all costs of completing the Work which exceed the GMP,
as adjusted in accordance with the Contract Documents. Documents used as a basis for the GMP along
with a breakdown of the GMP, shall be identified in an exhibit to this
Agreement (the “GMP Exhibit”).
6.5.1.2 The GMP includes a Contingency in the amount of __________________________________________________, which is available for Design-Builder’s exclusive use for
costs that are incurred in performing the Work that are not included in a
specific line item or the basis for a Change Order under the Contract
Documents. By way of example, and not
as a limitation, such costs include trade buy-out differentials, overtime,
acceleration, costs in correcting defective, damaged or nonconforming Work,
design errors or omissions and Subcontractor defaults. The Contingency is not available to Owner for
any reason, including changes in scope or any other item which would enable
Design-Builder to increase the GMP under the Contract Documents. Design-Builder shall provide Owner with
notice of all anticipated charges against the Contingency.
6.5.3 Savings
6.5.3.1 If the sum of the actual Cost of the Work (excluding design,
allowances and the contractor’s contingency) and Design-Builder’s Fee (and, if
applicable, any prices established under Section 6.1.2 hereof) is less than the
GMP (excluding design, allowances and the contractor’s contingency), as such
GMP may have been adjusted over the course of the Project, the difference
(“Savings”) shall be shared as follows:
Thirty percent (30%) to Design-Builder and Seventy percent
(70%) to Owner.
6.5.3.2 Savings shall be calculated and paid as part of Final
Payment under Section 7.3 hereof, with the understanding that to the extent
Design-Builder incurs costs after Final Completion which would have been
payable to Design-Builder as a Cost of the Work, Design-Builder shall be
entitled to payment from Owner for that portion of such costs that were
distributed to Owner as Savings.
Article 7
Procedure
for Payment
7.1 Progress
Payments
7.1.1 Design-Builder shall submit to Owner on the first (1st)
day of each month and no later than the fifth (5th) day of each
month, beginning with the first (1st) month after the Date of
Commencement, Design-Builder’s Application for Payment for the Work performed
in the previous month in accordance with Article 6 of the General Conditions of
Contract.
7.1.1.1 Applications for Payment received after the (5th)
day of the month will be treated as if submitted on the fifth (5th)
day of the following month.
7.1.2 Owner shall make payment within thirty (30) days after
Owner’s receipt of each properly submitted and accurate Application for Payment
in accordance with Article 6 of the General Conditions of Contract, less
amounts properly withheld under Section 6.3 of the General Conditions of
Contract.
7.1.3 If Design-Builder’s Fee under Section 6.2.1 hereof is a fixed
amount, the amount of Design-Builder’s Fee to be included in Design-Builder’s
monthly Application for Payment and paid by Owner shall be proportional to the
percentage of the Work completed, less payments previously made on account of
DesignBuilder’s Fee.
7.2 Retainage on Progress Payments
7.2.1 Owner will retain eight and one-half percent (8.5%) of each
Application for Payment; provided, however, that when fifty percent (50%) of
the Work has been completed by Design-Builder, Owner will not retain any
additional amounts from Design-Builder’s subsequent Applications for
Payment. Owner will also reasonably
consider reducing retainage for Subcontractors completing their work early in
the Project.
7.2.2
Upon Substantial Completion of the entire
Work or, if applicable, any portion of the Work, pursuant to
Section 6.6 of the General
Conditions of Contract, Owner shall release to Design-Builder all retained
amounts relating, as applicable, to the entire Work or completed portion of the
Work, less an amount equal to the reasonable value of all remaining or
incomplete items of Work as noted in the Certificate of Substantial Completion.
7.3 Final Payment. Design-Builder shall submit its Final
Application for Payment to Owner in accordance with Section 6.8 of the General
Conditions of Contract. Owner shall make
payment on Design-Builder’s properly submitted and accurate Final Application
for Payment within ten (10) days after Owner’s receipt of the Final Application
for Payment, provided that Design-Builder has satisfied the requirements for
final payment set forth in Section 6.8.2 of the General Conditions of Contract.
7.4 Interest. Payments due and
unpaid by Owner to Design-Builder or Design-Builder to Owner, whether progress
payments, final payment or other payments, shall bear interest commencing five
(5) days after payment is due at the rate of eight percent (8%) per annum.
7.5 Record Keeping and Finance
Controls. Design-Builder
acknowledges that this Agreement is to be administered on an “open book”
arrangement relative to Costs of the Work.
Design-Builder shall keep full and detailed accounts and exercise such
controls as may be necessary for proper financial management, using accounting
and control systems in accordance with generally accepted accounting principles
and as may be provided in the Contract Documents. During the performance of the Work and for a
period of three (3) years after Final Payment, Owner and Owner’s accountants
shall be afforded access from time to time, upon reasonable notice, to
Design-Builder’s records, books, correspondence, receipts, subcontracts,
purchase orders, vouchers, memoranda and other data relating to the Work, all
of which Design-Builder shall preserve for a period of three (3) years after
Final Payment.
Article 8
Termination
for Convenience
8.1 Termination by
Design-Builder. Design-Builder shall
have rights to terminate this Agreement as provided in the General Conditions
of Contract. If the Work is stopped for
a period of ninety (90) days under an order of any court or any public
authority having jurisdiction, or as a result of an act of government, such as
a declaration of a national emergency making materials unavailable, through no
act or fault of Design-Builder or Subcontractors or their agents or employees
or any other persons performing any of the Work under a contract with
Design-Builder, then Design-Builder may, upon seven (7) additional days'
written notice to Owner, terminate the Contract and recover from Owner payment
for all Work executed to the termination date, together with reasonable
demobilization costs. The Design-Builder
shall have no other right to terminate the Agreement for any reason.
8.2 Termination by Owner. Owner
shall have rights to terminate this Agreement as provided in the General
Conditions of Contract. If
Design-Builder is in default under the Contract Documents, Owner may, without
prejudice to any other right or remedy and upon written notice to the
Design-Builder, terminate the Agreement.
8.2.1 Prior to termination of the Agreement, Owner shall give
Design-Builder and its surety ten (10) calendar days written notice, during
which Design-Builder and/or its surety may rectify the cause of the
termination. If rectified to the
satisfaction of Owner within said ten (10) days, the Owner may rescind its
notice of termination. If not rectified,
the termination for cause shall become effective at the end of the ten (10) day
notice period. In the alternative, Owner
may postpone the effective date of the termination notice, at its sole
discretion, if it should receive reassurances from Design-Builder and its
surety that the causes of termination will be remedied in a time and manner
which Owner finds acceptable. If at any
time more than ten (10) days after the notice of termination Owner determines
that Design-Builder or its surety has not rectified or is not likely to rectify
the cause(s) of termination in an acceptable manner or within the time allowed,
then Owner may immediately terminate the Agreement for cause by giving written
notice to Design-Builder and its surety.
In no event shall termination for cause terminate the obligations of
Design-Builder's surety on its payment and performance bonds.
8.2.2 Notice of termination, whether initial or given after a
period of postponement, may be served upon Design-Builder and the surety by
mail or any other means at their last known places of business in ___________or
elsewhere, by delivery to the representatives listed in Article 11 herein. Failure to accept or pick up registered or
certified mail addressed to the last known address shall be deemed to be
delivery.
8.2.3 Upon termination of the Agreement, Owner shall take
possession of the premises and of all materials, tools, appliances, equipment,
and other facilities on the Site, and
all materials, tools, appliances, equipment, and other facilities stored
off-Site for which Owner has paid and may finish the Work by whatever method
deemed expedient. Design-Builder shall
assign subcontracts to Owner or to a designated substitute design-builder
promptly upon request. In such case,
Design-Builder shall not be entitled to receive any further payment until the
Work is finished and Owner has determined its damages owing to Design-Builder's
default.
8.2.4 If the costs of finishing the Work, including compensation
for Owner’s staff and consultants and additional services made necessary by
Design-Builder's default, and all other damages suffered by Owner on account of
Design-Builder's default, exceed the unpaid balance of the Contract Price,
Design-Builder shall pay the difference to Owner, and this obligation for
payment shall survive the termination of this Agreement. If the costs of
finishing the Work are less than the unpaid portion of the Contract Price,
Owner shall pay the unpaid balance of any amount properly owing to
Design-Builder for all Work executed to the date of termination, less actual
damages. The Owner will not be obligated
to pay any further amounts.
8.2.5 References to damages in Sections 8.2.3 and 8.2.4
specifically exclude Consequential Damages, consistent with Article 10.5 of the
General Conditions of Contract.
8.2.6 If a court of competent jurisdiction determines that Owner
has improperly terminated this Agreement for cause, the termination for cause
will be converted to a termination for convenience in accordance with the
provisions of Section 8.3 below.
8.3 Termination for Convenience.
Owner may terminate this Agreement at any time without cause, in whole
or in part, upon giving Design-Builder notice of such termination. Upon such termination, Design-Builder shall,
without unreasonable delay, cease Work and remove from the Site all of its
labor forces and such of its materials as Owner elects not to purchase or to
assume in the manner hereinafter provided.
Design-Builder shall receive as full compensation for termination and
assignment the following:
.1
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All amounts, including all costs and fees, then otherwise
due under the terms of this Agreement.
|
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.2
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All amounts,
including all costs and fees, due for Work performed subsequent to the latest
Application for Payment through the date of termination.
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.3
|
Reasonable compensation for the costs attributable to such
termination, including demobilization, settlement of
terminated contracts with Subcontractors and Design Consultant(s), and overhead
incurred by Design-Builder as a direct result of such termination.
Design-Builder shall not be entitled to any compensation for lost profits.
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8.3.2 In no event shall termination for convenience of Owner
terminate the obligations of Design-Builder's surety on its payment and
performance bonds on all Work performed up to the date of termination for
convenience.
(The
following Article 9 should only be used if the Owner and Design-Builder agree
to establish
their respective representatives at the time the Agreement
is executed rather than during the performance of the Project.)
Article 9
Representatives
of the Parties
9.1 Owner’s
Representatives
9.1.1 Owner
designates the individual listed below as its Senior Representative
("Owner’s Senior Representative"), which individual has the authority
and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify
individual’s name, title, address and telephone numbers)
9.1.2 Owner designates the
individual listed below as its Owner’s Representative, which individual has the
authority and responsibility set forth in Section 3.4 of the General Conditions
of Contract: (Identify
individual’s name, title, address and telephone numbers)
9.2 Design-Builder’s
Representatives
9.2.1
Design-Builder designates the individual listed below as its Senior
Representative ("Design-Builder’s Senior Representative"), which
individual has the authority and responsibility for avoiding and resolving
disputes under Section 10.2.3 of the General Conditions of
Contract: (Identify individual’s name, title,
address and telephone
numbers)
9.2.2
Design-Builder designates the individual listed below as its Design-Builder’s
Representative, which individual has the authority and responsibility set forth
in Section 2.1.1 of the General Conditions of Contract:
(Identify
individual’s name, title, address and telephone numbers)
Article 10
Bonds and
Insurance
10.1 Insurance.
Design-Builder shall procure insurance in accordance with Article 5 of the
General Conditions of Contract.
10.2 Bonds and Other Performance Security. Design-Builder shall provide performance bonds
and labor and material payment bonds or other performance security in
accordance with Article 5 of the General Conditions of the Contract.
Article 11
Other
Provisions
11.1
Other provisions, if any, are as
follows:
11.1.1 Notices – All notices, demands and other communications
required by the Contract documents to either party by the other shall be in
writing and shall be deemed to have been duly given if personally delivered or
sent by a nationally recognized, overnight delivery service addressed as
follows:
To Owner:
To Design-Builder:
In executing this Agreement, Owner
and Design-Builder each individually represents that it has the necessary
financial resources to fulfill its obligations under this Agreement, and each
has the necessary corporate approvals to execute this Agreement, and perform
the services described herein.
OWNER:
DESIGN-BUILDER:
(Name of Owner) (Name
of Design-Builder)
(Signature) (Signature)
(Printed Name) (Printed
Name)
(Title) (Title)
Date: Date:
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