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Not applicable
<br />§ 1.2 The Owner and Construction Manager may rely on the Initial Information, Both parties, however, recognize that
<br />such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately
<br />adjust the Project schedule, the Construction Manager's services, and the Construction Manager's compensation. The
<br />Owner shall adjust the Owner's budget for the Guaranteed Maximum Price and the Owner's anticipated design and
<br />construction milestones, as necessary, to accommodate material 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
<br />to the other party.
<br />ARTICLE 2 GENERAL PROVISIONS
<br />§ 2.1 The Contract Documents
<br />The Contract Documents consist of this Agreement, Conditions of the Contract (A [A Document A201 Tm-2017, General
<br />Conditions of the Contract for Construction, unmodified , Drawings, Specifications, Addenda issued prior to execution
<br />of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement,
<br />all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein.
<br />Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Contract
<br />Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price
<br />Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8. The
<br />Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
<br />representations or agreements, either written or oral, if anything in the other Contract Documents, other than a
<br />Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract
<br />Documents, other than a Modification, appears in Article 15_
<br />§ 2.2 Relationship of the Parties
<br />The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants
<br />with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering
<br />the interests of the Owner to furnish efficient construction administration, management services, and supervision; to
<br />furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and
<br />economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in a timely manner,
<br />information required by the Construction Manager and to make payments to the Construction Manager in accordance with
<br />the requirements of the Contract Documents.
<br />§ 2.3 General Conditions
<br />§ 2.3.1 For the Preconstruction Phase, AIA Document A201Tm-2017, General Conditions of the Contract for
<br />Construction, 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;
<br />Section 3.12.10, Professional Services; Section 10.3, Hazardous Materials; Section 13.1, Governing Law. The term
<br />"Contractor" as 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, which
<br />document is incorporated herein by reference. The term "Contractor" as used in A2012017 shall mean the Construction
<br />Manager.
<br />ARTICLE 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES
<br />The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3,2, and in the
<br />applicable provisions of A201-2017 referenced in Section 2.3.1. The Construction Manager's Construction Phase
<br />responsibilities are set forth in Section 3.3. The Owner and Construction Manager may agree, in consultation with the
<br />Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both
<br />phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of
<br />the Construction Manager with respect to the Project.
<br />§ 3.1 Preconstruction Phase
<br />§ 3.1.1 Extent of Responsibility
<br />'The Construction Manager shall exercise reasonable care in performing its Preconstruction Services. The Owner and
<br />Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of
<br />Init. AIA Document A133 — 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects,"
<br />"AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on
<br />7 f 1080023 under Order No2114477497 which expires on 1611012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with
<br />t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn
<br />User Notes: (1447978347)
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