2008-11-10 Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council

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The -Once this contract is accepted and signed by Owner, the Owner and Construction Manager respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as pFe Aded in Section 13.2.2e€ A.204 TM'—�; may be provided in the General Conditions of the Contract neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 10.1.1 Prior to execution by both parties of Amendment No. 1 establishing the Guaranteed Maximum Price, the Owner may terminate this Contract at any time without cause, and the Construction Manager may terminate this Contract for any of the reasons described in Section 4 4.1.1 e€ A201 T"'�.:14.1.1, 14.1.2, and 14.1.4 of the General Conditions of the Contract.. § 10.1.2 If the Owner or Construction Manager terminates this Contract pursuant to this Section 10.1 prior to commencement of the Construction Phase, the Construction Manager shall be equitably eempensated fe eeHTeasatieiif"' e v shallnote eed the e, fefth in c ^ ' ' not be compensated for any Preconstruction Phase Services performed. PAGE 23 Subsequent to execution by both parties of Amendment No. 1, the Contract may be terminated as provided in Article 14 of A201 nL4O9-7-.the General Conditions of the Contract. § 10.2.1 Seetion 14.1.3 of A-201114 1997 shaH not e*eeed the afneunt the Genswaetieft Manager- would have been ewided to Except for a termination by the Owner for cause or PA - based on default or bankruptcy on the part of the Construction Manager, if the Owner or Construction Manager terminates this Contract pursuant to this Section 10.1 after commencement of the Construction Phase the Construction Manager shall be paid an amount calculated as follows: .1 Take the Cost of the Work actually and necessarily incurred by the Construction manager. .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, an amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion. .3 Subtract the aggregate of previous payments made by the Owner on account of the Construction Phase. The Owner shall also pay the Construction manager fair compensation either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 10 1.3. 1 To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements) the Construction Manager shall as a condition of receiving the payments referred to in this Article 10 execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders Subcontracts, purchase orders and rental agreements entered into by the Construction Manager with the Owner's written approval prior to the execution of Amendment No 1 shall contain provisions permitting assignment to the Owner as described above. If the Owner elects not to accept the assignment of any subcontract purchase order or rental agreement which would have constituted a Cost of the Work had this agreement not been terminated the Construction Manager shall terminate such subcontract purchase order or rental agreement Additions and Deletions Report for AIA Document A121 TMCMc — 2003 and AGC Document 565. Copyright © 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and 21 International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:02:34 on 12/01 /2008 under Order No.1000375455_1 which expires on 10/20/2009, and is not for resale. User Notes: (4283007293)