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1.2.1.1 This Contract and any agreed upon written amendments <br />1.2.1.2 Design -Builder's fee and scope proposal <br />1.2.1.3 The Owner's Request for Qualifications <br />1.2.1.4 Relevant portions of the Design -Builder's response to Request <br />for Qualifications <br />1.2.2 All design services provided by or through Design -Builder pursuant to this Contract <br />must be performed by qualified design professionals (Designer). The contractual obligations of such <br />professional persons or entities are undertaken and performed in the interest of the Design -Builder. <br />Design -Builder designates Wade Trim, Inc. whose business address is 201 N. Franklin Street, Suite <br />1350, Tampa, FL 33602, and who will have full authority to bind and obligate the Design -Builder on <br />all matters arising out of or relating to this Contract. The Design -Builder agrees that the Project <br />Director will devote whatever time is required to satisfactorily manage the services to be provided <br />and performed by the Design -Builder hereunder. Any replacement of the Project Director will be <br />subject to the prior approval and acceptance of the Owner. <br />1.2.3 The agreements between the Design -Builder and the persons or entities identified in this <br />Contract as providing architectural and engineering services, and any subsequent modifications <br />thereto, must be in writing. These agreements, including financial arrangements with respect to <br />this Project, must be promptly and fully disclosed to the Owner upon request and must have met <br />all requirements for openness and a non-restrictive solicitation process. <br />1.2.4 Construction budgets must be prepared by qualified professionals, cost estimators or <br />contractors retained by and acting in the interest of the Design -Builder. <br />1.2.5 The Design -Builder will be responsible to the Owner for acts and omissions of the <br />Design -Builder's employees, subcontractors and their agents and employees, and other <br />persons, including the Designer and other design professionals, performing any portion of the <br />Design -Builder's obligations under this Contract. Design services shall be performed in <br />accordance with the standard of care exercised by professionals performing similar services <br />under similar conditions at the same time and place <br />1.2.6 Prior to the termination of the services of the Designer or any other design professional <br />designated in this Contract, the Design -Builder will identify to the Owner in writing another <br />design professional will provide the services originally to have been provided by the Designer or <br />other design professional whose services are being terminated. The Owner must approve any <br />subsequently designated design professional in writing. <br />1.2.7 If the Design -Builder believes or is advised by the Designer or by another design <br />professional retained to provide services on the Project that implementation of any instruction <br />received from the Owner would cause a violation of any applicable law, the Design -Builder must <br />promptly notify the Owner in writing. Neither the Design -Builder nor the Designer will be <br />obligated to perform any act which violates any applicable law, and the Design -Builder shall not <br />be liable for violations directed by the Owner that are not timely discovered to be violations by <br />the Design -Builder <br />1.2.8 Nothing contained in this Contract will create a contractual relationship between the <br />Owner and any person or entity other than the Design -Builder. <br />Ixora Park Infrastructure Improvements 2 <br />