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N/A
<br />§ 1.1.14 The Owner’s requirements for Construction Manager’s procurement of Subcontractor(s) for the performance of the
<br />Workshall comply with Minnesota Statutes, Section 471.463, subd. 5(b).
<br />§ 1.1.15 Other Initial Information on which this Agreement is based:
<br /> N/A
<br />§ 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such
<br />information may materially change and, in that event, the Owner and the Construction Manager shall appropriately adjust the
<br />Project schedule, the Construction Manager’s services, and the Construction Manager’s compensation. The Owner shall adjust
<br />the Owner’s budget for the Guaranteed Maximum Price and the Owner’s anticipated design and construction milestones, as
<br />necessary, to accommodatematerial changes in the Initial Information.
<br />§ 1.3 Neither the Owner’s nor the Construction Manager’s representative shall be changed without ten days’ prior notice to the
<br />other party.
<br />ARTICLE 2 GENERALPROVISIONS
<br />§ 2.1 TheContractDocuments
<br />The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
<br />Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this
<br />Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part
<br />of the Contract as if attached to this Agreement or repeated herein. Upon the Owner’s acceptance of the Construction
<br />Manager’s Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in
<br />Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and
<br />furnished by the Owner as described in Section 3.2.8. The Contract represents the entire and integrated agreement between the
<br />parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other
<br />Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An
<br />enumeration of the Contract Documents, other than a Modification, appears in Article 15.
<br />§ 2.2 RelationshipoftheParties
<br />The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with
<br />the Owner to cooperate with the Architect and exercise the Construction Manager’s skill and judgment in furthering the
<br />interests of the Owner to furnish efficient construction administration, management services, and supervision; to furnish at all
<br />times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner
<br />consistent with the Owner’s interests. The Owner agrees to furnish or approve, in a timely manner, information required by
<br />the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the
<br />Contract Documents.
<br />§ 2.3 GeneralConditions
<br />§ 2.3.1 For the Preconstruction Phase, AIA Document A201™–2017, General Conditions of the Contract for Construction, as
<br />modified, shall apply as follows: Section 1.5, Ownership and Use of Documents; Section 1.7, Digital Data Use and
<br />Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.2.4, Confidential Information; Section
<br />3.12.10, Professional Services; Section 10.3, Hazardous Materials; Section 13.1, Governing Law. The term “Contractor” as
<br />used in A201–2017 shall mean the Construction Manager.
<br />§ 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in A201–2017, as modified
<br />which document is incorporated herein by reference. The term “Contractor” as used in A201–2017 shall mean the
<br />Construction Manager.
<br />ARTICLE 3 CONSTRUCTIONMANAGER’SRESPONSIBILITIES
<br />The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2, and in the applicable
<br />provisions of A201-2017 referenced in Section 2.3.1. The Construction Manager’s Construction Phase responsibilities are set
<br />forthin Section 3.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction
<br />AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of
<br />Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.This draft was produced at 13:53:13 CDT
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