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2005-315b
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2005-315b
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professional persons or entities are undertaken and performed in the interest of the <br /> Design/Builder . <br /> § 1 . 2 . 2 The agreements between the Design/Builder and the persons or entities <br /> identified in this Part 1 Agreement , and any subsequent modifications , shall be in <br /> writing . These agreements , including financial arrangements with respect to this Project , <br /> shall be promptly and fully disclosed to the Owner upon request . <br /> § 1 . 2 . 3 Construction budgets shall be prepared by qualified professionals , cost <br /> estimators or contractors retained by and acting in the interest of the Design/Builder. <br /> § 1 . 2 .4 The Design/Builder shall be responsible to the Owner for acts and omissions of <br /> the Design/Builder's employees , subcontractors and their agents and employees , and <br /> other persons , ' design , performing any <br /> portion of the Design /Builder' s obligations under this Part 1 Agreement . <br /> § 1 . 2 . 5 If the Design/Builder believes or is advised by the Architect or by another design <br /> professional retained to provide services on the Project that implementation of any <br /> instruction received from the Owner would cause a violation of any applicable law, the <br /> Design/Builder shall notify the Owner in writing . Neither the Design/Builder nor the <br /> Architect shall be obligated to perform any act which either believes will violate any <br /> applicable law. <br /> § 1 .2 . 6 Nothing contained in this Part 1 Agreement shall create a contractual <br /> relationship between the Owner and any person or entity other than the Design/Builder. <br /> § 1 . 3 BASIC SERVICES <br /> § 1 . 3 . 1 The Design/Builder shall provide a preliminary evaluation of the Owner' s <br /> program and project budget requirements , each in terms of the other. <br /> § 1 . 3 . 2 The Design/Builder shall visit the site , become familiar with the local conditions , <br /> and correlate observable conditions with the requirements of the Owner's program , <br /> schedule , and budget . <br /> § 1 . 3 . 3 The Design/Builder shall review laws applicable to design and construction of <br /> the Project , correlate such laws with the Owner's program requirements , and advise the <br /> Owner if any program requirement may cause a violation of such laws . Necessary <br /> changes to the Owner's program shall be accomplished by appropriate written <br /> modification or disclosed as described in Section 1 . 3 . 5 . <br /> § 1 . 3 .4 The Design/Builder shall review with the Owner alternative approaches to <br /> design and construction of the Project . <br /> § 1 . 3 . 5 The Design/Builder shall submit to the Owner a Proposal , including the <br /> completed Preliminary Design Documents , a statement of the proposed contract sum , <br /> and a proposed schedule for completion of the Project . Preliminary Design Documents <br /> 3 <br />
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