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§ 14.1.1Prompt Payment of Subcontractors
<br />Prompt Payment Act subdivision 4a shall apply to payments by Contractor to Subcontractors as set forth in the A201–2017,
<br />which provides in pertinent part: each Prime Contractor must pay any subcontractor within ten (10) days of the Prime
<br />Contractor's receipt of payment from the municipality for undisputed services provided by the subcontractor. The Contract
<br />must require the Prime Contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any
<br />undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid
<br />balance of $100 or more is $10. For an unpaid balance of less than $100, the Prime Contractor shall pay the actual penalty due
<br />to the subcontractor. A subcontractorwho prevails in a civil action to collect interest penalties from a Prime Contractor must be
<br />awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.
<br />§ 14.1.2Data Practices
<br />Pursuant to Minnesota Statutes, Section 13.05, subd. 11, all of the data created, collected, received, stored, used, maintained, or
<br />disseminated by Construction Manager in performing this contract is subject to the applicable requirements of the Minnesota
<br />Government Data Practices Act (“MGDPA”), Minnesota Statutes Chapter 13. The Parties acknowledge that this Contract is
<br />subject to the applicable requirements of the MGDPA. The Contractor agrees to cooperate with the Owner with respect to the
<br />Owner’s obligations to comply with the requirements of the MGDPA.
<br />§ 14.1.3Non-Discrimination
<br />Pursuant to Minnesota Statutes, Section 181.59, the Construction Manager will take affirmative action to ensure that applicants
<br />are selected, and that employees are treated during employment, without regard to their race, color, creed, religion, national
<br />origin, sex, sexual orientation, marital status, status with regard to public assistance, membership or activity in a local civil
<br />rights commission, disability or age. The Construction Manager agrees to be bound by the provisions of Minnesota Statutes,
<br />Section 181.59, that prohibits certain discriminatory practices and the terms of said section are incorporated into this contract.
<br />§ 14.2 SuccessorsandAssigns
<br />§ 14.2.1 The Owner and Construction Manager, respectively, bind themselves, their partners, successors, assigns and legal
<br />representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section
<br />14.2.2 of this Agreement, and in Section 13.2.2 of A201–2017, neither party to the Contract shall assign the Contract as a
<br />whole without written consent of the other. If either party attempts to make an assignment without such consent, that party
<br />shall nevertheless remain legally responsible for all obligations under the Contract.
<br />§ 14.2.2 The Owner may, without consent of the Construction Manager, assign the Contract to a lender providing construction
<br />financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The
<br />Construction Manager shall execute all consents reasonably required to facilitate the assignment.
<br />§ 14.3 InsuranceandBonds
<br />Insurance and bonds provided for this Project shall be described in this Article 14, Exhibit B to this Contract and in Article 11
<br />of the A201–2017, as modified.
<br />§ 14.3.1 PreconstructionPhase
<br />The Construction Manager shall maintain the following insurance for the duration of the Preconstruction Services performed
<br />under this Agreement. If any of the requirements set forth below exceed the types and limits the Construction Manager
<br />normally maintains, the Owner shall reimburse the Construction Manager for any additional cost.
<br />§ 14.3.1.1 Commercial General Liability with policy limits of not less than One Million ($ 1,000,000 ) for each
<br />occurrence and Two Million ($ 2,000,000 ) in the aggregate for bodily injury and property damage.
<br />§ 14.3.1.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Construction Manager with
<br />policy limits of not less than One Million ($ 1,000,000 ) per accident for bodily injury, death of any person, and
<br />property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily
<br />required automobile coverage.
<br />§ 14.3.1.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and
<br />Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided that such primary
<br />and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under
<br />Sections 14.3.1.1 and 14.3.1.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage
<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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