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

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ARTICLE 1 GENERAL PROVISIONS § 1.1 RELATIONSHIP OF PARTIES The Construction Manager accepts the fiduciary relationship of trust and confidence established with the Owner by this Agreement, and covenants with the Owner to furnish the Construction Manager's best skill, efforts, and judgment and to cooperate with the Architect in furthering the interests of the Owner to build the Project defined in the Contract Documents, in accordance with the Owner's requirements and construction cost limitations, as Owner set forth in the Contract Documents. The Construction Manager shall furnish construction services (in accordance with law), administration and management services and shall use the Construction Manager's best efforts to perform the Project in an expeditious and economical manner consistent with the interests of the Owner. The Owner and the Construction Manager shall endeavor to promote harmony and cooperation among the Owner, Architect, Construction Manager, Construction Manager's subcontractors, Program Manager (if applicable), and other persons or entities employed by the Owner for the Project. § 1.2 GENERAL CONDITIONS For the Construction Phase, the General Conditions of the contract shall be the AIA® Document A201TM-1997, General Conditions of the Contract for Construction, as amended for this Project, (the "General Conditions of the Contract") which is incorporated herein by reference. For the Preconstruction Phase, or in the event that the Preconstruction and Construction Phases proceed concurrently, the general Conditions of the Contract shall apply to the Preconstruction Phase only as specifically provided in this agreement. The term "Contractor" as used in the General Conditions of the Contract shall mean the Construction Manager. All Amended, General, or Supplementary Conditions, if any, to the General Conditions Contract are also incorporated herein by reference. Any reference to the General Conditions of the Contract in this Agreement shall be construed as the General Conditions of the Contract as amended for this Project. General Conditions Cost as submitted with reimbursed items as part of "step 2" Proposal. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager shall perform the services described in this Agreement. The services to be provided under Sections 2.1 and 2.2 constitute the Preconstruction Phase services. If the Owner and Construction Manager agree, after consultation with the Architect, the Construction Phase may commence before the Preconstruction Phase is completed, in which case both phases will proceed concurrently. § 2.1 PRECONSTRUCTION PHASE § 2.1.1 PRELIMINARY EVALUATION The Construction Manager shall provide a preliminary evaluation of the Owner's program and Project budget requirements, each in terms of the other. § 2.1.2 CONSULTATION The Construction Manager with the Architect shall jointly schedule and attend regular meetings with the Owner. The Construction Manager shall consult with the Owner and Architect regarding site use and improvements and the selection of materials, building systems and equipment. The Construction Manager shall provide recommendations on construction feasibility, actions designed to minimize adverse effects of labor or material shortages; time requirements for procurement, installation and construction completion to satisfy Owner's time requirements; and factors related to construction cost, including estimates of alternative designs or materials, preliminary budgets and possible economies. § 2.1.2.1 During the Pre -Construction Phase, the Construction Manager shall review the Contract Documents to ascertain whether the components of the plumbing, electrical and mechanical systems may be constructed without interference with each other, or with the structural or architectural components of the Project, or with existing systems. In the event that conflicts between the systems are discovered, the Construction Manager shall promptly notify the Owner and Architect in writing. § 2.1.2.2 Notwithstanding any provision of the General Conditions of the Contract to the contrary, the Construction Manager shall not be entitled to additional compensation for any delay or disruption to the Work arising from any conflict between the mechanical, electrical, and plumbing systems with each other, or with the structural or architectural components of the Project, or with existing systems, if such conflicts should have been discovered during the Construction Documents Phase by the Construction Manager through the exercise of reasonable diligence, and the Owner and Architect were not informed of such conflicts as required by subparagraph 2.1.2.1. Init. AIA Document A121 TMCNIc — 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 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 12101 /2008 under Order No.1000375455_1 which expires on 10/20/2009, and is not for resale. User Notes: (4283007293)