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Agenda - Council - 04/23/2024
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Agenda - Council - 04/23/2024
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3/13/2025 10:15:44 AM
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4/23/2024 1:41:29 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
04/23/2024
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Use of Supplied Information <br /> Owner agrees to provide and/or obtain all required licenses, including copyright license,to <br /> allow Architect to reproduce, use and incorporate all Owner-supplied Project-related drawing <br /> or other information and agrees to indemnify,defend,and hold Architect and its consultants <br /> harmless from or against any and all claims arising out of or relating to Architect's or its <br /> consultants' Project-related reproduction, use, or incorporation of such information. • <br /> Other Terms and Conditions <br /> Except as otherwise modified herein,the terms and conditions of an unmodified AIA <br /> Document B101-2017,Standard Form of Agreement Between Owner and Architect (attached <br /> as Exhibit C) shall apply to all services provided under this Proposal and Agreement. <br /> Owner shall furnish the services of a contractor or cost consultant that shall be responsible <br /> for preparing all estimates of the Cost of the Work. If Owner does not have such a consultant, <br /> Architect can provide a list of qualified contractors or cost consultants for Owner's use. <br /> Architect and its consultants will be using building information modeling for the sole purpose <br /> of preparing and coordinating their Drawings,without an expectation that the model will be <br /> relied upon by other Project participants. If Owner,Owner's contractor or consultants,or other <br /> parties as appropriate desire to use the model for any purpose,the Architect, Owner,and other <br /> appropriate parties will establish and agree to building information modeling protocols,which <br /> shall address authorship and ownership, level of development,and authorized uses of the <br /> model, processes for exchanging,sharing, and resolving changes to the model,and <br /> anticipated authorized uses for facilities management or others,following completion of the <br /> Project. Preparation of the protocols and operations and services provided thereunder shall be <br /> Additional Services. <br /> This Proposal and Agreement shall be subject to and enforced under the laws of the State of <br /> Minnesota. <br /> With your signature below you are indicating your acceptance of the understandings,terms <br /> and conditions of this Proposal and Agreement. This Proposal and Agreement may be <br /> terminated by either party upon seven days'written notice should either party fail to perform <br /> substantially in accordance with its terms. Failure of Owner to make payments to Architect <br /> within 45 days of invoice date shall be considered substantial non-performance and cause for <br /> suspension or termination of Architect's services. <br /> If this Proposal and Agreement meets with your approval, please return a signed copy for our <br /> records and we will begin the services. The offer contained herein shall remain valid for <br /> acceptance for a period of 60 days from the date of Architect's signature below. If you instruct <br /> us to begin,or allow us to continue, performing or providing Project services prior to returning <br /> a signed copy of this Proposal and Agreement it will be understood that all of its terms,and <br /> the attached or referenced exhibits,are acceptable and all parties will be bound by the terms <br /> of this Proposal and Agreement. <br /> Thank you again for this opportunity to be of assistance. We look forward to helping you <br /> achieve your goals for Ramsey Waterfront Pavilion. <br /> Page 7 of 8 <br />
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