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instrument prepared by the Architect and signed by the Owner,the Construction Manager and the Architect that modifies the Contract for Construction and states their agreement upon a Change in the Work,the amount of the adjustment, if any, in the GMP;and the extent of the adjustment, if any, in the Contract Time. A Change Order may,in accordance with the Everett Municipal Code,require approval of the Everett City Council. §2.0.6 A Claim is defmed in Section 15.1.1 of the revised General Conditions and generally consists of a demand or assertion by one of the parties seeking,as a matter of right,adjustments or interpretations of Contract terms,payment of money,extension of time or other relief.The term"Claim"includes disputes and matters in question between the Owner and the Construction Manager arising out of or relating to the Contract Documents. §2.0.7 A Construction Change Directive is defined in Section 7.3 of the revised General Conditions as a written order prepared by the Architect and signed by the Owner and Architect,with or without the agreement of the Construction Manager,directing the Construction Manager to perform a change in the Work,or perform Work the Construction Manager contends to be a change in the Work,prior to agreement of the basis for adjustment,if any,to the Contract for Construction. §2.0.8 The Construction Manager is the entity identified above as the party to this Agreement responsible for performing the Preconstruction Services and,upon successful negotiation and execution of the GMP Amendment, responsible for construction of the Work through its own services as well as through Subcontractors.The Construction Manager is identified as the"Contractor"in the General Conditions and shall provide the services of a General Contractor/Construction Manager as defined in RCW 39.10. §2.0.9 The Construction Manager's Contingency is described in Section 3.2.4.1. §2.0.10 The Construction Phase is defined in Section 3.3 of this Agreement and any Special Conditions,and generally consists of the period of the Contract during which the Construction Manager performs construction of the Work after the earlier of execution of the GMP Amendment or the Owner's issuance of a Notice to Proceed. §2.0.11 The Construction Schedule is the schedule defined in Section 3.10 of the revised General Conditions and prepared,revised and utilized by the Construction Manager for its performance under the Contract for Construction. §2.0.12 The Contract Documents are defined in Section 1.1.1 of the revised General Conditions and Section 2.1 of this Agreement. §2.0.13 The Contract for Construction(sometimes referred to as the Contract or Agreement)is defmed in Section 1.1.2 of the revised General Conditions and is the agreement between the Owner and the Construction Manager. §2.0.14 The Contract Sum is defined in Section 6.1 of this Agreement and Section 9.1 of the revised General Conditions that the Owner agrees to pay the Construction Manager for its performance of the Work under the Contract for Construction. The Contract Sum consists of the sum of the Cost of the Work(including Negotiated Support Services and Specified General Conditions)as well as the Construction Manager's Fee,and it shall not exceed the GMP.Neither the Preconstruction Services Cost nor Washington State sales tax is included in the Contract Sum. §2.0.15 The Contract Time is the time defined in Section 8.1.1 of the revised General Conditions and specified in the GMP Amendment to achieve Substantial Completion of the Work. §2.0.16 The term Contractor means the Construction Manager. §2.0.17 The Cost of the Work is defined in Article 7 of this Agreement. §2.0.18 Drawings are defined in Section 1.1.5 of the revised General Conditions and generally are the graphic and pictorial portions of the Contract Documents showing the design and location of the Work,and generally include plans, elevations,sections,details,dimensions,schedules and diagrams. §2.0.19 The Construction Manager's Fee is the amount specified in the GMP Amendment based on the percentage contained in Section 6.1.2 of this Agreement that the Construction Manager is to receive under this Contract in addition to the Cost of the Work for its performance of the Work. The Fee compensates the Construction Manager for all aspects of its performance other than the Cost of the Work,and it includes the Construction Manager's profit and all overhead ALA Document A133" - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used Q without permission. This draft was produced by AIA software at 13:10:24 ET on 04/22/2021 under Order No.7856855196 which expires on 05/01/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1279676012)