Common use of Design-Build Documents Clause in Contracts

Design-Build Documents. Intent 3.1 This Contract is complementary; what is called for by one element is as binding as if called for by all. 3.2 It is the intent of this Contract to describe the Work. Any design services, supervision, labor, material, equipment, or service that may be reasonably inferred from this Contract as being required to produce the intended result shall be supplied whether or not it is expressly specified. 3.3 The Design-Builder is expected to read the entirety of the Design-Build Documents and to seek clarification from the City of any Ambiguities found between, among or within the Design-Build Documents. Absent written clarification from the City to the contrary, the Design-Builder shall, in resolving Ambiguities discovered either before or after original procurement and/or installation, provide the better quality of, and the greater quantity of, the Work. The Design-Builder shall specifically notify all Subcontractors and suppliers of this requirement. 3.4 Clarifications and interpretations of this Contract will be issued by the City. They will be consistent with or reasonably inferable from the overall scope of this Contract. 3.5 This Contract is unique. Design services, labor, material, equipment, or services approved for other City work may not necessarily be approved for this Contract. 3.6 Pursuant to ORS 15.320, Oregon law applies to this Contract. In the event ORS 15.320 is deemed invalid or inapplicable, the parties agree that Oregon law applies to this Contract. 3.7 If the Design-Builder’s Construction Proposal is incorporated into this Contract, any Ambiguities between the proposal and this Contract will be resolved in favor of this Contract. Any limitations of liability, waivers of damages, or disclaimers of warranty as to construction work or materials supplied or otherwise or liability contained in the Design-Builder’s Construction Proposal will not apply to the Work or this Contract. 3.8 If any provision of this Contract is held to be illegal, invalid, or unenforceable under present or future Laws effective during the terms of this Contract or in subsequent dispute resolution proceedings, the legality, validity, and enforceability of the remaining provisions of this Contract will not be affected thereby. As to the illegal, invalid or unenforceable clauses, they shall be rendered void only to the extent of such illegal, invalid and unenforceable portions, with the remainder of such clauses given full force and effect. 3.9 Unless expressly provided otherwise, references to standard specifications, manuals, or codes of any technical society, organization, or association, or to the codes of any governmental authorities, shall mean the latest version or edition in effect on the effective date of this Contract, except that all references to the Oregon Standard Specifications for Construction shall mean the 2018 edition. Such reference may be specific or implied. No provision of any referenced standard specification, manual, or code shall change the duties and responsibilities of the City, the Design-Builder, or any of their employees, contractors, subcontractors, or agents from those set forth in this Contract. 3.10 If, during the performance of the Work, the Design-Builder discovers any Ambiguities within this Contract, the Design-Builder must report it to the City, in writing, at once. The Design-Builder will proceed with the affected Work after receiving clarification or interpretation from the City. The Design-Builder will be liable to the City for failure to report any Ambiguities in this Contract if the Design-Builder factually knew or reasonably should have known of the Ambiguities.

Design-Build Documents. Intent 3.1 This Contract is complementary; what is called for by one element is as binding as if called for by all. 3.2 It is the intent of this Contract to describe the Work. Any design services, supervision, labor, material, equipment, or service that may be reasonably inferred from this Contract as being required to produce the intended result shall be supplied whether or not it is expressly specified. 3.3 The Design-Builder is expected to read the entirety of the Design-Build Documents and to seek clarification from the City of any Ambiguities found between, among or within the Design-Build Documents. Absent written clarification from the City to the contrary, the Design-Design- Builder shall, in resolving Ambiguities discovered either before or after original procurement and/or installation, provide the better quality of, and the greater quantity of, the Work. The Design-Builder shall specifically notify all Subcontractors and suppliers of this requirement. 3.4 Clarifications and interpretations of this Contract will be issued by the City. They will be consistent with or reasonably inferable from the overall scope of this Contract. 3.5 This Contract is unique. Design services, labor, material, equipment, or services approved for other City work may not necessarily be approved for this Contract. 3.6 Pursuant to ORS 15.320, Oregon law applies to this Contract. In the event ORS 15.320 is deemed invalid or inapplicable, the parties agree that Oregon law applies to this Contract. 3.7 If the Design-Builder’s Construction Proposal is incorporated into this Contract, any Ambiguities between the proposal and this Contract will be resolved in favor of this Contract. Any limitations of liability, waivers of damages, or disclaimers of warranty as to construction work or materials supplied or otherwise or liability contained in the Design-Builder’s Construction Proposal will not apply to the Work or this Contract. 3.8 If any provision of this Contract is held to be illegal, invalid, or unenforceable under present or future Laws effective during the terms of this Contract or in subsequent dispute resolution proceedings, the legality, validity, and enforceability of the remaining provisions of this Contract will not be affected thereby. As to the illegal, invalid or unenforceable clauses, they shall be rendered void only to the extent of such illegal, invalid and unenforceable portions, with the remainder of such clauses given full force and effect. 3.9 Unless expressly provided otherwise, references to standard specifications, manuals, or codes of any technical society, organization, or association, or to the codes of any governmental authorities, shall mean the latest version or edition in effect on the effective date of this Contract, except that all references to the Oregon Standard Specifications for Construction shall mean the 2018 2008 edition. Such reference may be specific or implied. No provision of any referenced standard specification, manual, or code shall change the duties and responsibilities of the City, the Design-Builder, or any of their employees, contractors, subcontractors, or agents from those set forth in this Contract. 3.10 If, during the performance of the Work, the Design-Builder discovers any Ambiguities within this Contract, the Design-Builder must report it to the City, in writing, at once. The Design-Builder will proceed with the affected Work after receiving clarification or interpretation from the City. The Design-Builder will be liable to the City for failure to report any Ambiguities in this Contract if the Design-Builder factually knew or reasonably should have known of the Ambiguities.

Design-Build Documents. Intent 3.1 This Contract is complementary; what is called for by one element is as binding as if called for by all. 3.2 It is the intent of this Contract to describe the Work. Any design services, supervision, labor, material, equipment, or service that may be reasonably inferred from this Contract as being required to produce the intended result shall be supplied whether or not it is expressly specified. 3.3 The Design-Builder is expected to read the entirety of the Design-Build Documents and to seek clarification from the City of any Ambiguities found between, among or within the Design-Build Documents. Absent written clarification from the City to the contrary, the Design-Builder shall, in resolving Ambiguities discovered either before or after original procurement and/or installation, provide the better quality of, and the greater quantity of, the Work. The Design-Builder shall specifically notify all Subcontractors and suppliers of this requirement. 3.4 Clarifications and interpretations of this Contract will be issued by the City. They will be consistent with or reasonably inferable from the overall scope of this Contract. 3.5 This Contract is unique. Design services, labor, material, equipment, or services approved for other City work may not necessarily be approved for this Contract. 3.6 Pursuant to ORS 15.320, Oregon law applies to this Contract. In the event ORS 15.320 is deemed invalid or inapplicable, the parties agree that Oregon law applies to this Contract. 3.7 If the Design-Builder’s Construction Proposal is incorporated into this Contract, any Ambiguities between the proposal and this Contract will be resolved in favor of this Contract. Any limitations of liability, waivers of damages, or disclaimers of warranty as to construction work or materials supplied or otherwise or liability contained in the Design-Design- Builder’s Construction Proposal will not apply to the Work or this Contract. 3.8 If any provision of this Contract is held to be illegal, invalid, or unenforceable under present or future Laws effective during the terms of this Contract or in subsequent dispute resolution proceedings, the legality, validity, and enforceability of the remaining provisions of this Contract will not be affected thereby. As to the illegal, invalid or unenforceable clauses, they shall be rendered void only to the extent of such illegal, invalid and unenforceable portions, with the remainder of such clauses given full force and effect. 3.9 Unless expressly provided otherwise, references to standard specifications, manuals, or codes of any technical society, organization, or association, or to the codes of any governmental authorities, shall mean the latest version or edition in effect on the effective date of this Contract, except that DESIGN-BUILD GENERAL CONDITIONS PAGE 6 all references to the Oregon Standard Specifications for Construction shall mean the 2018 2008 edition. Such reference may be specific or implied. No provision of any referenced standard specification, manual, or code shall change the duties and responsibilities of the City, the Design-Builder, or any of their employees, contractors, subcontractors, or agents from those set forth in this Contract. 3.10 If, during the performance of the Work, the Design-Builder discovers any Ambiguities within this Contract, the Design-Builder must report it to the City, in writing, at once. The Design-Builder will proceed with the affected Work after receiving clarification or interpretation from the City. The Design-Builder will be liable to the City for failure to report any Ambiguities in this Contract if the Design-Builder factually knew or reasonably should have known of the Ambiguities.

Design-Build Documents. Intent 3.1 This Contract is complementary; what is called for by one element is as binding as if called for by all. 3.2 It is the intent of this Contract to describe the Work. Any design services, supervision, labor, material, equipment, or service that may be reasonably inferred from this Contract as being required to produce the intended result shall be supplied whether or not it is expressly specified. 3.3 The Design-Builder is expected to read the entirety of the Design-Build Documents and to seek clarification from the City of any Ambiguities found between, among or within the Design-Build Documents. Absent written clarification from the City to the contrary, the Design-Design- Builder shall, in resolving Ambiguities discovered either before or after original procurement and/or installation, provide the better quality of, and the greater quantity of, the Work. The Design-Builder shall specifically notify all Subcontractors and suppliers of this requirement. 3.4 Clarifications and interpretations of this Contract will be issued by the City. They will be consistent with or reasonably inferable from the overall scope of this Contract. 3.5 This Contract is unique. Design services, labor, material, equipment, or services approved for other City work may not necessarily be approved for this Contract. 3.6 Pursuant to ORS 15.320, Oregon law applies to this Contract. In the event ORS 15.320 is deemed invalid or inapplicable, the parties agree that Oregon law applies to this Contract. 3.7 If the Design-Builder’s Construction Proposal is incorporated into this Contract, any Ambiguities between the proposal and this Contract will be resolved in favor of this Contract. Any limitations of liability, waivers of damages, or disclaimers of warranty as to construction work or materials supplied or otherwise or liability contained in the Design-Builder’s Construction Proposal will not apply to the Work or this Contract. 3.8 If any provision of this Contract is held to be illegal, invalid, or unenforceable under present or future Laws effective during the terms of this Contract or in subsequent dispute resolution proceedings, the legality, validity, and enforceability of the remaining provisions of this Contract will not be affected thereby. As to the illegal, invalid or unenforceable clauses, they shall be rendered void only to the extent of such illegal, invalid and unenforceable portions, with the remainder of such clauses given full force and effect. 3.9 Unless expressly provided otherwise, references to standard specifications, manuals, or codes of any technical society, organization, or association, or to the codes of any governmental authorities, shall mean the latest version or edition in effect on the effective date of this Contract, except that all references to the Oregon Standard Specifications for Construction shall mean the 2018 2008 edition. Such reference may be specific or implied. No provision of any referenced standard specification, manual, or code shall change the duties and responsibilities of the City, the Design-Builder, or any of their employees, contractors, subcontractors, or agents from those set forth in this Contract. 3.10 If, during the performance of the Work, the Design-Builder discovers any Ambiguities within this Contract, the Design-Builder must report it to the City, in writing, at once. The Design-Builder will proceed with the affected Work after receiving clarification or interpretation from the City. The Design-Builder will be liable to the City for failure to report any Ambiguities in this Contract if the Design-Builder factually knew or reasonably should have known of the Ambiguities.

Design-Build Documents. Intent 3.1 This Contract is complementary; what is called for by one element is as binding as if called for by all. 3.2 It is the intent of this Contract to describe the Work. Any design services, supervision, labor, material, equipment, or service that may be reasonably inferred from this Contract as being required to produce the intended result shall be supplied whether or not it is expressly specified. 3.3 The Design-Builder is expected to read the entirety of the Design-Build Documents and to seek clarification from the City of any Ambiguities found between, among or within the Design-Build Documents. Absent written clarification from the City to the contrary, the Design-Design- Builder shall, in resolving Ambiguities discovered either before or after original procurement and/or installation, provide the better quality of, and the greater quantity of, the Work. The Design-Design- Builder shall specifically notify all Subcontractors and suppliers of this requirement. 3.4 Clarifications and interpretations of this Contract will be issued by the City. They will be consistent with or reasonably inferable from the overall scope of this Contract. 3.5 This Contract is unique. Design services, labor, material, equipment, or services approved for other City work may not necessarily be approved for this Contract. 3.6 Pursuant to ORS 15.320, Oregon law applies to this Contract. In the event ORS 15.320 is deemed invalid or inapplicable, the parties agree that Oregon law applies to this Contract. 3.7 If the Design-Builder’s Construction Proposal is incorporated into this Contract, any Ambiguities between the proposal and this Contract will be resolved in favor of this Contract. Any limitations of liability, waivers of damages, or disclaimers of warranty as to construction work or materials supplied or otherwise or liability contained in the Design-Builder’s Construction Proposal will not apply to the Work or this Contract. 3.8 If any provision of this Contract is held to be illegal, invalid, or unenforceable under present or future Laws effective during the terms of this Contract or in subsequent dispute resolution proceedings, the legality, validity, and enforceability of the remaining provisions of this Contract will not be affected thereby. As to the illegal, invalid or unenforceable clauses, they shall be rendered void only to the extent of such illegal, invalid and unenforceable portions, with the remainder of such clauses given full force and effect.. Reference Standards 3.9 Unless expressly provided otherwise, references to standard specifications, manuals, or codes of any technical society, organization, or association, or to the codes of any governmental authorities, shall mean the latest version or edition in effect on the effective date of this Contract, except that all references to the Oregon Standard Specifications for Construction shall mean the 2018 2021 edition. Such reference may be specific or implied. No provision of any referenced standard specification, manual, or code shall change the duties and responsibilities of the City, the Design-Design- Builder, or any of their employees, contractors, subcontractors, or agents from those set forth in this Contract.. Reporting Ambiguities 3.10 If, during the performance of the Work, the Design-Builder discovers any Ambiguities within this Contract, the Design-Builder must report it to the City, in writing, at once. The Design-Builder will proceed with the affected Work after receiving clarification or interpretation from the City. The Design-Builder will be liable to the City for failure to report any Ambiguities in this Contract if the Design-Builder factually knew or reasonably should have known of the Ambiguities. Reuse 3.11 Neither the Design-Builder nor any Designer, Subcontractor, manufacturer, fabricator, supplier, or distributor will have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents, or copies thereof, prepared by Design-Builder. They may not reuse any of them for any purpose unrelated to this Contract without the prior written consent of the City.