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Docusign Envelope ID: DA4FA5BF-D9AF-4543-AD49-B8F98E2726F6 <br /> accordance with the terms of the Contract Documents, Owner's use of said <br /> instruments of service will be at its own risk. <br /> iii <br /> Article 2 <br /> Contract Documents <br /> 2.1 The Contract Documents are comprised of the following: <br /> 2.1.1 This Agreement; <br /> 2.1.2 The Contract Price Amendment; <br /> 2.1.3 Fully executed change orders to the Agreement; <br /> 2.1.4 The General Conditions of Contract; <br /> 2.1.5 Construction Documents,which consist of all drawings issued for construction and technical <br /> specifications; <br /> 2.1.6 Performance and Payment bonds; and <br /> 2.1.7 Owner's Insurance Rider. <br /> Any documents not expressly listed above are not Contract Documents. <br /> Article 3 <br /> Interpretation and Intent <br /> 3.1 Design-Builder and Owner, at the time of acceptance of the Proposal by Owner in accordance with <br /> Section 1.3 herein, shall carefully review all the Contract Documents, including the various documents <br /> comprising the Basis of Design Documents for any conflicts or ambiguities. Design-Builder and Owner will <br /> discuss and resolve any identified conflicts or ambiguities prior to execution of the Agreement, or if <br /> applicable, prior to Owner's acceptance of the Proposal. <br /> 3.2 The Contract Documents are intended to permit the Design-Builder to complete the Work and all <br /> obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The <br /> Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, <br /> with words and phrases interpreted in a manner consistent with construction and design industry standards. <br /> In the event inconsistencies, conflicts or ambiguities between or among the Contract Documents are <br /> discovered after Owner's acceptance of the Proposal, Design-Builder shall resolve the conflict with <br /> consultation and approval of Owner. To the extent resolution of the conflict requires the incurrence of <br /> additional cost for design or construction, Design-Builder shall be responsible for such cost and may not <br /> include the same in the Contract Price. <br /> 3.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have <br /> the meanings given to them in the General Conditions of Contract if defined therein. Absent a contractually <br /> designated definition, terms, words, and phrases shall have their ordinary meaning. <br /> 3.4 The Contract Documents form the entire agreement between Owner and Design-Builder and by <br /> incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or <br /> other agreements have been made by the parties except as specifically stated in the Contract Documents. <br /> DBIA Document No.545 Page 4 <br /> Progressive Design-Build Agreement for Water and Wastewater Projects <br /> © 2022 Design-Build Institute of America <br />