James W. Fowler Co. 12/1/2021 - Laserfiche WebLink

Article 4 Interpretation and Intent 4.1 Design-Builder and Owner, at the time of acceptance of the Phase 2 Proposal by Owner, shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents for any conflicts or ambiguities. Design-Builder and Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of the GMP Amendment. 4.2 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 inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after Owner's acceptance of the Phase 2 Proposal and execution of the GMP Amendment, Design-Builder and Owner shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Article 3 herein. 4.3 Terms, words, and phrases used in the Contract Documents, including this Contract, shall have the meanings given them in the General Conditions. 4.4 Design-Builder may propose modifications to and expansion of the Owner's Project Criteria. Prior to presenting its Phase 2 Proposal, the Design-Builder shall identify any items in the Owner's Project Criteria that are in conflict with or in any way impede Design-Builder's ability to meet any Performance Standards set forth in the Owner's Project Criteria. 4.5 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. 4.6 In the event of an ambiguity in the Contract Documents,the parties shall be deemed to have jointly authored them, and as such, nothing shall be construed against or in favor of one party based on its being deemed the sole author. 4.7 Changes in the Legal Requirements. The Owner and Design-Builder acknowledge that numerous aspects of the Project are governed by federal, state and local laws, rules, and regulations and that the intent is to complete all Work in compliance with the Legal Requirements. Design-Builder is required to account for applicable changes in the Legal Requirements that occur during Phase 1 in its Phase 2 Proposal, the GMP Amendment, and the Phase 2 schedule. Changes in the Legal Requirements that become effective after execution of the GMP Amendment may form the basis for an adjustment to Contract Time, in accordance with the requirements and conditions of Section 8.2 of the General Conditions, but shall in no event form the basis for an adjustment to the Contract Price and/or GMP. 4.8 COVID-19. Pursuant to the general requirement in Section 2.5 of the General Conditions, the Design-Builder shall be in compliance at all times with all Legal Requirements related to COVID-19. Design Builder's Phase 2 Proposal shall include all costs necessary for compliance with COVID-19 requirements in existence at the time of the proposal. In no event will there be any adjustment to the Contract Price and/or GMP for any direct or indirect costs caused by COVID-19 requirements. PROGRESSIVE DESIGN-BUILD CONTRACT,Page 7