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Document Preview Standard Form of Agreement Between Owner and Design-Builder - Lump Sum |
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Title: |
Standard Form of Agreement Between Owner and Design-Builder - Lump Sum |
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Date: |
2002 |
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Preview shows 8KB of 156KB total |
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Price: |
$65 |
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ID: |
#1479026 |
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[LOGO] DBIA
Standard Form of Agreement Between
Owner and Design-Builder - Lump Sum
This document has important legal consequences.
Consultation with an attorney is recommended with respect to
its completion or modification.
================================================================================
This AGREEMENT is made as of the 30th day of November in the year of 2001,
----
by and between the following parties, for services in connection with the
Project identified below.
OWNER:
(Name and address)
Husker Ag Processing, LLC
510 West Locust
PO Box 10
Plainview, NE 68769
DESIGN-BUILDER:
(Name and address)
Fagen, Inc.
501 W. Highway 212
P. O. Box 159
Granite Falls, MN 56241
PROJECT:
(Include Project name and location
as it will appear in the Contract
Documents)
20 MGY Dry Grind Ethanol Plant
Plainview, Nebraska
In consideration of the mutual covenants and obligations contained herein, Owner
and Design-Builder agree as set forth herein.
Page 1
<PAGE>
Design Build Contract
Husker Ag Processing, LLC
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.
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) ("General Conditions of Contract");
.2 This Agreement, including all exhibits and attachments, executed by
Owner and Design-Builder;
.3 Written Supplementary Conditions, if any, to the General Conditions of
Contract;
.4 The General Conditions of Contract, with two page Supplementary
Conditions attached thereto;
.5 Construction Documents prepared and approved in accordance with
Section 2.4 of the General Conditions of Contract;
.6 Design-Builder's Deviation List, if any, contained in Design-Builder's
Proposal, which shall specifically identify any and all deviations
from Owner's Project Criteria;
.7 Owner's Project Criteria;
.8 Design-Builder's Proposal, except for the Deviation List, submitted in
response to Owner's Project Criteria; and
.9 The following other documents, if any:
Exhibit A - Performance Guarantee Criteria - (2) Pages;
Exhibit B - General Project Scope - (3) Pages;
Exhibit C - Owner's Responsibilities - (3) Pages;
Exhibit D - Owner's Required Permits and Services List - (2) Pages;
Exhibit E - License of Proprietary Property of ICM, Inc. - (4) Pages;
Exhibit F - Start-up Services to be Provided to Owner (1) Page.
Page 2
<PAGE>
Design Build Contract
Husker Ag Processing, LLC
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.
Article 4
---------
Ownership of Work Product
4.1 Work Product. All drawings, specifications and other documents and
electronic data furnished by Design-Builder to Owner under this Agreement ("Work
Product") are deemed to be instruments of service and Design-Builder shall
retain the ownership and property interests therein, including the copyrights
thereto.
4.2 Owner's Limited License Upon Payment in Full. Upon Owner's payment in full
for all Work performed under the Contract Documents, Design-Builder shall vest
in Owner a limited license to use the Work Product in connection with Owner's
occupancy, repair, remodeling or enlargement of the Project and Design-Builder
shall provide Owner with a copy of the "as built" plans, conditioned on Owner's
express understanding that its use of the Work Product and its acceptance of the
"as built" plans is at Owner's sole risk and without liability or legal exposure
to Design-Builder or anyone working by or through Design-Builder, including
Design Consultants of any tier (collectively the "Indemnified Parties"),
provided, however, that any performance guarantees and warranties (of equipment
or otherwise) shall remain in effect according to the terms of this Agreement.
Such limited license shall be perpetual and transferable by Owner, subject to
the restrictions and requirements provided by the License of Proprietary
Property attached hereto and made a part hereof as Exhibit E.
4.3 Owner's Limited License Upon Owner's Termination for Convenience or
Design-Builder's Election to Terminate. If Owner terminates the Project for its
convenience as set forth in Article 8 hereof, or if Design-Builder elects to
terminate this Agreement in accordance with Section 11.4 of the General
Conditions of Contract, Design-Builder shall, then upon Owner's payment in full
of the amounts due Design-Builder under the Contract Documents, grant Owner a
limited license to use the Work Product to complete the Project and subsequently
occupy, repair, remodel or enlarge the Project, subject to the following:
.1 Use of the Work Product is at Owner's sole risk without liability or
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