2008-07-10_REVISION - M2004009 (7)

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In consideration of the mutual covenants and obligations contained herein, Owner and Design-Builder agree as set forth herein. Article 1 Scope of Work 1.1 Design-Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents, provided that the Work shall only include the design and construction services for the construction of a 1,000 acre feet storage capacity reservoir which shall meet all state flood plain and water quality standards and shall not include the design and construction services for any other conveyance facilities, pipelines, and structures. - Article 2 Contract Documents 2.1 The Contract Documents are comprised of the following: .1 All written modifications, amendments and change orders to this Agreement issued in accordance with DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design-Builder (1998 Edition); .2 This Agreement, including all exhibits and attachments, executed by Owner and Design- Builder; .3 The General Conditions of Contract; .4 Construction Documents prepared and approved in accordance with Section 2.4 of the General Conditions of Contract; .5 Design-Builder's Proposal, including Preliminary Design Report and Preliminary Drawings. .9 The following other documents, if any Article 3 Interpretation and Intent 3.1 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 of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. 3.2 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 3.3 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. Page 2 DBIA Document No. 525 • Standard Form of Agreement Between Owner and Design-Builder - Lump Sum 0 1998 Design-Build Institute of America