Bond RFQ DB Northwest

(R)
AIA Document A141(TM) - 2014
Standard Form of Agreement Between Owner and Design-Builder
AGREEMENT made as of the day of in the year
(In words, indicate day, month and year.)
BETWEEN the Owner:
(Name, legal status, address and other information) ADDITIONS AND DELETIONS:
The author of this document
has added information
Guilford County Board of Education
needed for its completion.
714 Green Valley Road The author may also have
Greensboro, North Carolina 27408 revised the text of the
original AIA standard form.
An Additions and Deletions
Report that notes added
and the Design-Builder: information as well as
(Name, legal status, address and other information) revisions to the standard
form text is available from
the author and should be

reviewed.

This document has important
legal consequences.
for the following Project: Consultation with an
(Name, location and detailed description) attorney is encouraged with
respect to its completion
or modification.

Consultation with an

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ELECTRONIC COPYING of any
portion of this AIA(R) Document
to another electronic file is
prohibited and constitutes a
violation of copyright laws
as set forth in the footer of
this document.
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TABLE OF ARTICLES
1 GENERAL PROVISIONS
2 COMPENSATION AND PROGRESS PAYMENTS
3 GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN-BUILD CONTRACT
4 WORK PRIOR TO EXECUTION OF THE DESIGN-BUILD AMENDMENT
5 WORK FOLLOWING EXECUTION OF THE DESIGN-BUILD AMENDMENT
6 CHANGES IN THE WORK
7 OWNER'S RESPONSIBILITIES
8 TIME
9 PAYMENT APPLICATIONS AND PROJECT COMPLETION
10 PROTECTION OF PERSONS AND PROPERTY
11 UNCOVERING AND CORRECTION OF WORK
12 COPYRIGHTS AND LICENSES
13 TERMINATION OR SUSPENSION
14 CLAIMS AND DISPUTE RESOLUTION
15 MISCELLANEOUS PROVISIONS
16 SCOPE OF THE AGREEMENT
TABLE OF EXHIBITS
A DESIGN-BUILD AMENDMENT
B INSURANCE AND BONDS
C PERSONNEL RATE SUMMARY
ARTICLE 1 GENERAL PROVISIONS
1.1 Owner's Criteria
This Agreement is based on the Owner's Criteria set forth in this Section 1.1.
(Note the disposition for the following items by inserting the requested information or a statement such as "not
applicable" or "unknown at time of execution." If the Owner intends to provide a set of design documents, and the
requested information is contained in the design documents, identify the design documents and insert "see Owner's
design documents" where appropriate.)
1.1.1 The Owner's program for the Project:
(Set forth the program, identify documentation in which the program is set forth, or state the manner in which the
program will be developed.)
To be developed during the design phase.
1.1.2 The Owner's design requirements for the Project and related documentation:
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(Identify below, or in an attached exhibit, the documentation that contains the Owner's design requirements,
including any performance specifications for the Project.)

1.1.3 The Project's physical characteristics:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical
reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities
and services; legal description of the site; etc.)

1.1.4 The Owner's anticipated Sustainable Objective for the Project, if any:
(Identify the Owner's Sustainable Objective for the Project such as Sustainability Certification, benefit to the
environment, enhancement to the health and well-being of building occupants, or improvement of energy efficiency.
If the Owner identifies a Sustainable Objective, incorporate AIA Document A141(TM)-2014, Exhibit C, Sustainable
Projects, into this Agreement to define the terms, conditions and Work related to the Owner's Sustainable
Objective.)

1.1.5 Incentive programs the Owner intends to pursue for the Project, including those related to the Sustainable
Objective, and any deadlines for receiving the incentives that are dependent on, or related to, the Design-Builder's
services, are as follows:
(Identify incentive programs the Owner intends to pursue for the Project and deadlines for submitting or applying
for the incentive programs.)

1.1.6 The Owner's budget for the Work to be provided by the Design-Builder is set forth below:
(Provide total for Owner's budget, and if known, a line item breakdown of costs.)
1.1.7 The Owner's design and construction milestone dates:
.1 Design phase milestone dates:
See Exhibit E
.2 Submission of Design-Builder Proposal:
TBD
.3 Phased completion dates:
TBD
.4 Substantial Completion date:
TBD
.5 Other milestone dates:
TBD
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1.1.8 The Owner consents to the Design-Builder retaining the following Architect, Consultants and Contractors at
the Design-Builder's cost in accordance with N.C.G.S. 143-128.1A(c)(8)(a) and as set forth in the Design-
Builder's response to Owner's RFQ, :
(List name, legal status, address and other information.)
.1 Architect
Design Firm
.2 Consultants
Civil Engineering
Structural Engineering
Landscape Architect
Surveying
Preliminary Due Diligence and Geotechnical Evaluations/Reporting
.3 Contractors
Other contractors
Other contractors may be selected by the Design-Builder during the preconstruction phase in
accordance with N.C.G.S. 143-128.1A(c)(8)(a).
1.1.9 Additional Owner's Criteria upon which the Agreement is based:
(Identify special characteristics or needs of the Project not identified elsewhere, such as historic preservation
requirements.)
To be developed during the design phase.
1.1.10 The Design-Builder shall confirm that the information included in the Owner's Criteria complies with
applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities.
1.1.10.1 If the Owner's Criteria conflicts with applicable laws, statutes, ordinances, codes, rules and regulations, or
lawful orders of public authorities, the Design-Builder shall notify the Owner of the conflict.
1.1.11 If there is a change in the Owner's Criteria, the Owner and the Design-Builder shall execute a Modification
in accordance with Article 6.
1.1.12 If the Owner and Design-Builder intend to transmit Instruments of Service or any other information or
documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions.
Unless otherwise agreed, the parties will use AIA Document E203(TM)-2013 to establish the protocols for the
development, use, transmission, and exchange of digital data and building information modeling.
1.2 Project Team
1.2.1 The Owner identifies the following representative in accordance with Section 7.1.1:
(List name, address and other information.)


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1.2.2 The persons or entities, in addition to the Owner's representative, who are required to review the Design-
Builder's Submittals are as follows:
(List name, address and other information.)

1.2.3 The Owner will retain the following consultants and separate contractors:
(List discipline, scope of work, and, if known, identify by name and address.)

1.2.4 The Design-Builder identifies the following representative in accordance with Section 3.1.2:
(List name, address and other information.)

1.2.5 Neither the Owner's nor the Design-Builder's representative shall be changed without ten days' written
notice to the other party.
1.3 Binding Dispute Resolution
For any Claim subject to, but not resolved by, mediation pursuant to Section 14.3, the method of binding dispute
resolution shall be the following:
(Check the appropriate box. If the Owner and Design-Builder do not select a method of binding dispute resolution
below, or do not subsequently agree in writing to a binding dispute resolution other than litigation, Claims will be
resolved by litigation in a court of competent jurisdiction.)
[ X ] Arbitration pursuant to Section 14.4
[ ] Litigation in a court of competent jurisdiction
[ ] Other: (Specify)

1.4 Definitions
1.4.1 Design-Build Documents. The Design-Build Documents consist of this Agreement between Owner and
Design-Builder and its attached Exhibits (hereinafter, the "Agreement"); other documents listed in this Agreement;
and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the
Contract signed by both parties, including the Design-Build Amendment, (2) a Change Order, or (3) a Change
Directive.
1.4.2 The Contract. The Design-Build Documents form the Contract. The Contract represents the entire and
integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either
written or oral. The Contract may be amended or modified only by a Modification. The Design-Build Documents
shall not be construed to create a contractual relationship of any kind between any persons or entities other than the
Owner and the Design-Builder.
1.4.3 The Work. The term "Work" means the design, construction and related services required to fulfill the Design-
Builder's obligations under the Design-Build Documents, whether completed or partially completed, and includes
all labor, materials, equipment and services provided or to be provided by the Design-Builder. The Work may
constitute the whole or a part of the Project.
1.4.4 The Project. The Project is the total design and construction of which the Work performed under the Design-
Build Documents may be the whole or a part, and may include design and construction by the Owner and by
separate contractors.
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1.4.5 Instruments of Service. Instruments of Service are representations, in any medium of expression now known
or later developed, of the tangible and intangible creative work performed by the Design-Builder, Contractor(s),
Architect, and Consultant(s) under their respective agreements. Instruments of Service may include, without
limitation, studies, surveys, models, sketches, drawings, specifications, digital models and other similar materials.
1.4.6 Submittal. A Submittal is any submission to the Owner for review and approval demonstrating how the
Design-Builder proposes to conform to the Design-Build Documents for those portions of the Work for which the
Design-Build Documents require Submittals. Submittals include, but are not limited to, shop drawings, product data,
and samples. Submittals are not Design-Build Documents unless incorporated into a Modification.
1.4.7 Owner. The Owner is the person or entity identified as such in the Agreement and is referred to throughout
the Design-Build Documents as if singular in number. The term "Owner" means the Owner or the Owner's
authorized representative.
1.4.8 Design-Builder. The Design-Builder is the person or entity identified as such in the Agreement and is referred
to throughout the Design-Build Documents as if singular in number. The term "Design-Builder" means the Design-
Builder or the Design-Builder's authorized representative.
1.4.9 Consultant. A Consultant is a person or entity providing professional services for the Design-Builder for all or
a portion of the Work, and is referred to throughout the Design-Build Documents as if singular in number. To the
extent required by the relevant jurisdiction, the Consultant shall be lawfully licensed to provide the required
professional services.
1.4.10 Architect. The Architect is a person or entity providing design services for the Design-Builder for all or a
portion of the Work, and is lawfully licensed to practice architecture in the applicable jurisdiction. The Architect is
referred to throughout the Design-Build Documents as if singular in number.
1.4.11 Contractor. A Contractor is a person or entity performing all or a portion of the construction, required in
connection with the Work, for the Design-Builder. The Contractor shall be lawfully licensed, if required in the
jurisdiction where the Project is located. The Contractor is referred to throughout the Design-Build Documents as if
singular in number and means a Contractor or an authorized representative of the Contractor.
1.4.12 Confidential Information. Confidential Information is information containing confidential or business
proprietary information that is clearly marked as "confidential."
1.4.13 Contract Time. Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, as set forth in the Design-Build Amendment for Substantial Completion of the Work.
1.4.14 Day. The term "day" as used in the Design-Build Documents shall mean calendar day unless otherwise
specifically defined.
1.4.15 Contract Sum. The Contract Sum is the amount to be paid to the Design-Builder for performance of the
Work after execution of the Design-Build Amendment, as identified in Article A.1 of the Design-Build Amendment.
ARTICLE 2 COMPENSATION AND PROGRESS PAYMENTS
2.1 Compensation for Work Performed Prior To Execution of Design-Build Amendment
2.1.1 Payments for Work performed prior to Execution of the Design-Build Amendment shall be made as set forth
below. For the Design-Builder's performance of Work prior to the execution of the Design-Build Amendment, the
Owner shall compensate the Design-Builder as follows:
(Insert amount of, or basis for, compensation, including compensation for any Sustainability Services, or indicate
the exhibit in which the information is provided. If there will be a limit on the total amount of compensation for
Work performed prior to the execution of the Design-Build Amendment, state the amount of the limit.)
INSERT PRECONSTRUCTION PAYMENT TERMS
2.1.2 The hourly billing rates for services of the Design-Builder and the Design-Builder's Architect, Consultants
and Contractors, if any, are set forth below.
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(If applicable, attach an exhibit of hourly billing rates or insert them below.)
Insert Billing Rates
2.1.3 Compensation for Reimbursable Expenses Prior To Execution of Design-Build Amendment
2.1.3.1 Reimbursable Expenses are in addition to compensation set forth in Section 2.1.1 and 2.1.2 and include
expenses, directly related to the Project, incurred by the Design-Builder and the Design-Builder's Architect,
Consultants, and Contractors, as follows:
.1 With written approval, transportation and authorized out-of-town travel and subsistence;
.2 Dedicated data and communication services, teleconferences, Project web sites, and extranets;
.3 Fees paid for securing approval of authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, beyond what is required to perform design;
.5 Postage, handling and delivery;
.
.7 Renderings, physical models, mock-ups, professional photography, and other materials requested by
the Owner, and with prior written approval;
.8 All taxes levied on professional services and on reimbursable expenses; and
.9 Other Project-related expenditures, if authorized in advance by the Owner.
2.1.3.2 For Reimbursable Expenses, the compensation shall be the expenses the Design-Builder and the Design-
Builder's Architect, Consultants and Contractors incurred, plus an administrative fee of zero percent ( 0 %) of
the expenses incurred.
2.1.4 Payments to the Design-Builder Prior To Execution of Design-Build Amendment
2.1.4.1 Payments are due and payable upon presentation of the Design-Builder's invoice. Amounts unpaid sixty
( 60 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal
rate prevailing from time to time at the principal place of business of the Design-Builder.
(Insert rate of monthly or annual interest agreed upon.)
Wall Street Journal Prime plus two percent (2%) per annum
2.1.4.2 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to
the Owner at mutually convenient times for a period of two years following execution of the Design-Build
Amendment or termination of this Agreement, whichever occurs first.
2.2 Contract Sum and Payment for Work Performed After Execution of Design-Build Amendment
For the Design-Builder's performance of the Work after execution of the Design-Build Amendment, the Owner
shall pay to the Design-Builder the Contract Sum in current funds as agreed in the Design-Build Amendment.
ARTICLE 3 GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN-BUILD CONTRACT
3.1 General
3.1.1 The Design-Builder shall comply with any applicable licensing requirements in the jurisdiction where the
Project is located.
3.1.2 The Design-Builder shall designate in writing a representative who is authorized to act on the Design-
Builder's behalf with respect to the Project.
3.1.3 The Design-Builder shall perform the Work in accordance with the Design-Build Documents. The Design-
Builder shall not be relieved of the obligation to perform the Work in accordance with the Design-Build Documents
by the activities, tests, inspections or approvals of the Owner.
3.1.3.1 The Design-Builder shall perform the Work in compliance with applicable laws, statutes, ordinances, codes,
rules and regulations, or lawful orders of public authorities. If the Design-Builder performs Work contrary to
applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, the
Design-Builder shall assume responsibility for such Work and shall bear the costs attributable to correction.
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3.1.3.2 Neither the Design-Builder nor any Contractor, Consultant, or Architect shall be obligated to perform any
act which they believe will violate any applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of public authorities. If the Design-Builder determines that implementation of any instruction received from
the Owner, including those in the Owner's Criteria, would cause a violation of any applicable laws, statutes,
ordinances, codes, rules and regulations, or lawful orders of public authorities, the Design-Builder shall notify the
Owner in writing. Upon verification by the Owner that a change to the Owner's Criteria is required to remedy the
violation, the Owner and the Design-Builder shall execute a Modification in accordance with Article 6.
3.1.4 The Design-Builder shall be responsible to the Owner for acts and omissions of the Design-Builder's
employees, Architect, Consultants, Contractors, and their agents and employees, and other persons or entities
performing portions of the Work.
3.1.5 General Consultation. The Design-Builder shall schedule and conduct periodic meetings with the Owner to
review matters such as procedures, progress, coordination, and scheduling of the Work.
3.1.6 When applicable law requires that services be performed by licensed professionals, the Design-Builder shall
provide those services through qualified, licensed professionals. The Owner understands and agrees that the services
of the Design-Builder's Architect and the Design-Builder's other Consultants are performed in the sole interest of,
and for the exclusive benefit of, the Design-Builder.
3.1.7 The Design-Builder, with the assistance of the Owner, shall prepare and file documents required to obtain
necessary approvals of governmental authorities having jurisdiction over the Project.
3.1.8 Progress Reports
3.1.8.1 The Design-Builder shall keep the Owner informed of the progress and quality of the Work. On a monthly
basis, or otherwise as agreed to by the Owner and Design-Builder, the Design-Builder shall submit written progress
reports to the Owner, showing estimated percentages of completion and other information identified below:
.1 Work completed for the period;
.2 Project schedule status;
.3 Submittal schedule and status report, including a summary of outstanding Submittals;
.4 Responses to requests for information to be provided by the Owner;
.5 Approved Change Orders and Change Directives;
.6 Pending Change Order and Change Directive status reports;
.7 Tests and inspection reports;
.8 Status report of Work rejected by the Owner;
.9 Status of Claims previously submitted in accordance with Article 14;
.10 Cumulative total of the Cost of the Work to date including the Design-Builder's compensation and
Reimbursable Expenses, if any;
.11 Current Project cash-flow and forecast reports; and
.12 Additional information as agreed to by the Owner and Design-Builder.
3.1.9 Design-Builder's Schedules
3.1.9.1 The Design-Builder, promptly after execution of this Agreement, shall prepare and submit for the Owner's
information a schedule for the Work. The schedule, including the time required for design and construction, shall
not exceed time limits current under the Design-Build Documents, shall be revised at appropriate intervals as
required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the
Design-Build Documents, shall provide for expeditious and practicable execution of the Work, and shall include
allowances for periods of time required for the Owner's review and for approval of submissions by authorities
having jurisdiction over the Project.
3.1.9.2 The Design-Builder shall perform the Work in general accordance with the most recent schedules submitted
to the Owner.
3.1.10 Certifications. Upon the Owner's written request, the Design-Builder shall obtain from the Architect,
Consultants, and Contractors, and furnish to the Owner, certifications with respect to the documents and services
provided by the Architect, Consultants, and Contractors (a) that, to the best of their knowledge, information and
belief, the documents or services to which the certifications relate (i) are consistent with the Design-Build
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Documents, except to the extent specifically identified in the certificate, and (ii) comply with applicable laws,
statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities governing the design of the
Project; and (b) that the Owner and its consultants shall be entitled to rely upon the accuracy of the representations
and statements contained in the certifications. The Design-Builder's Architect, Consultants, and Contractors shall
not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond
the scope of their services.
3.1.11 Design-Builder's Submittals
3.1.11.1 Prior to submission of any Submittals, the Design-Builder shall prepare a Submittal schedule, and shall
submit the schedule for the Owner's approval. The Owner's approval shall not unreasonably be delayed or withheld.
The Submittal schedule shall (1) be coordinated with the Design-Builder's schedule provided in Section 3.1.9.1,
(2) allow the Owner reasonable time to review Submittals, and (3) be periodically updated to reflect the progress of
the Work. If the Design-Builder fails to submit a Submittal schedule, the Design-Builder shall not be entitled to any
increase in Contract Sum or extension of Contract Time based on the time required for review of Submittals.
3.1.11.2 By providing Submittals the Design-Builder represents to the Owner that it has (1) reviewed and approved
them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or
will do so and (3) checked and coordinated the information contained within such Submittals with the requirements
of the Work and of the Design-Build Documents.
3.1.11.3 The Design-Builder shall perform no portion of the Work for which the Design-Build Documents require
Submittals until the Owner has approved the respective Submittal.
3.1.11.4 The Work shall be in accordance with approved Submittals except that the Design-Builder shall not be
relieved of its responsibility to perform the Work consistent with the requirements of the Design-Build Documents.
The Work may deviate from the Design-Build Documents only if the Design-Builder has notified the Owner in
writing of a deviation from the Design-Build Documents at the time of the Submittal and a Modification is executed
authorizing the identified deviation. The Design-Builder shall not be relieved of responsibility for errors or
omissions in Submittals by the Owner's approval of the Submittals.
3.1.11.5 All professional design services or certifications to be provided by the Design-Builder, including all
drawings, calculations, specifications, certifications, shop drawings and other Submittals, shall contain the signature
and seal of the licensed design professional preparing them. Submittals related to the Work designed or certified by
the licensed design professionals, if prepared by others, shall bear the licensed design professional's written
approval. The Owner and its consultants shall be entitled to rely upon the adequacy, accuracy and completeness of
the services, certifications or approvals performed by such design professionals.
3.1.12 Warranty. The Design-Builder warrants to the Owner that materials and equipment furnished under the
Contract will be of good quality and new unless the Design-Build Documents require or permit otherwise. The
Design-Builder further warrants that the Work will conform to the requirements of the Design-Build Documents and
will be free from defects, except for those inherent in the quality of the Work or otherwise expressly permitted by
the Design-Build Documents. Work, materials, or equipment not conforming to these requirements may be
considered defective. The Design-Builder's warranty excludes remedy for damage or defect caused by abuse,
alterations to the Work not executed by the Design-Builder, improper or insufficient maintenance, improper
operation, or normal wear and tear and normal usage. If required by the Owner, the Design-Builder shall furnish
satisfactory evidence as to the kind and quality of materials and equipment.
3.1.13 Royalties, Patents and Copyrights
3.1.13.1 The Design-Builder shall pay all royalties and license fees.
3.1.13.2 The Design-Builder shall defend suits or claims for infringement of copyrights and patent rights and shall
hold the Owner and its separate contractors and consultants harmless from loss on account thereof, but shall not be
responsible for such defense or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Owner, or where the copyright violations are required in the Owner's Criteria.
However, if the Design-Builder has reason to believe that the design, process or product required in the Owner's
Criteria is an infringement of a copyright or a patent, the Design-Builder shall be responsible for such loss unless
such information is promptly furnished to the Owner. If the Owner receives notice from a patent or copyright owner
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of an alleged violation of a patent or copyright, attributable to the Design-Builder, the Owner shall give prompt
written notice to the Design-Builder.
3.1.14 Indemnification
3.1.14.1 To the fullest extent permitted by law, the Design-Builder shall indemnify and hold harmless the Owner,
including the Owner's agents and employees, from and against claims, damages, losses and expenses, including but
not limited to attorneys' fees, arising out of or resulting from performance of the Work, but only to the extent caused
by the negligent acts or omissions of the Design-Builder, Architect, a Consultant, a Contractor, or anyone directly or
indirectly employed by them or anyone for whose acts they may be liable. Such obligation shall not be construed to
negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person
described in this Section 3.1.14.
3.1.14.2 The indemnification obligation under this Section 3.1.14 shall not be limited by a limitation on amount or
type of damages, compensation, or benefits payable by or for Design-Builder, Architect, a Consultant, a Contractor,
or anyone directly or indirectly employed by them, under workers' compensation acts, disability benefit acts or other
employee benefit acts.
3.1.15 Contingent Assignment of Agreements
3.1.15.1 Each agreement for a portion of the Work is assigned by the Design-Builder to the Owner, provided that
.1 assignment is effective only after termination of the Contract by the Owner for cause, pursuant to
Sections 13.1.4 or 13.2.2, and only for those agreements that the Owner accepts by written
notification to the Design-Builder and the Architect, Consultants, and Contractors whose agreements
are accepted for assignment; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the
Contract.
When the Owner accepts the assignment of an agreement, the Owner assumes the Design-Builder's rights and
obligations under the agreement.
3.1.15.2 Upon such assignment, if the Work has been suspended for more than 30 days, the compensation under the
assigned agreement shall be equitably adjusted for increases in cost resulting from the suspension.
3.1.15.3 Upon such assignment to the Owner under this Section 3.1.15, the Owner may further assign the
agreement to a successor design-builder or other entity. If the Owner assigns the agreement to a successor design-
builder or other entity, the Owner shall nevertheless remain legally responsible for all of the successor design-
builder's or other entity's obligations under the agreement.
3.1.16 Design-Builder's Insurance and Bonds. The Design-Builder shall purchase and maintain insurance and
provide bonds as set forth in Exhibit B.
3.1.17 Relationship of the Parties
The Design Builder accepts the relationship of trust and confidence established by this Agreement and covenants
with the Owner to exercise the Design Builder's skill and judgment in furthering the interests of the Owner; to
furnish efficient construction administration, management services and supervision; to furnish at all times an
adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner
consistent with the Owner's interests.
ARTICLE 4 WORK PRIOR TO EXECUTION OF THE DESIGN-BUILD AMENDMENT
4.1 General
4.1.1 Any information submitted by the Design-Builder, and any interim decisions made by the Owner, shall be for
the purpose of facilitating the design process and shall not modify the Owner's Criteria unless the Owner and
Design-Builder execute a Modification.
4.1.2 The Design-Builder shall advise the Owner on proposed site use and improvements, selection of materials,
and building systems and equipment. The Design-Builder shall also provide the Owner with recommendations,
consistent with the Owner's Criteria, on constructability; availability of materials and labor; time requirements for
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