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tier subcontractor that performs a portion of the Work of the Project at the site or supplies materials or equipment.A
<br /> Design-Build Subcontractor is a Subcontractor that will not only construct discrete portions of the Work but also will
<br /> design such portion as specified in the GMP Amendment.
<br /> §2.0.40 Substantial Completion is defmed in Section 9.8.1 of the revised General Conditions.The date of Substantial
<br /> Completion for the Project will be established in the GMP Amendment.
<br /> §2.0.41 The Work is defmed in Section 1.1.3 of the revised General Conditions and generally means the construction
<br /> and services performed in the Construction Phase as required by the Contract Documents,whether completed or
<br /> partially completed,and includes all other labor,materials,equipment and services provided or to be provided by the
<br /> Construction Manager to fulfill its obligations.
<br /> § 2.1 The Contract Documents
<br /> The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other
<br /> Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in
<br /> this Agreement,and Modifications issued after execution of this Agreement,all of which form the Contract and are as
<br /> fully a part of the Contract as if attached to this Agreement or repeated herein.Upon the Owner's acceptance of the
<br /> Construction Manager's Guaranteed Maximum Price proposal,the Contract Documents will also include the documents
<br /> described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the
<br /> Owner with the assistance of the Architect and furnished by the Owner as described in Section 3.2.8.The Contract
<br /> 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
<br /> furthering the interests of the Owner to furnish efficient construction administration,management services,and
<br /> supervision;to furnish at all times an adequate supply of workers and materials;and to perform the Work in an
<br /> expeditious and economical manner consistent with the Owner's interests.The Owner agrees to furnish or approve,in a
<br /> timely manner,information required by the Construction Manager and to make payments to the Construction Manager
<br /> in accordance with the requirements of the Contract Documents. The parties shall endeavor to promote harmony,
<br /> mutual respect,and cooperation among the Owner,Architect,Construction Manager,the Project Manager,authorities
<br /> having jurisdiction,and other persons or entities employed by them for the Project to the fullest extent possible in order
<br /> to further the interests of the Owner in the Project and to effect prompt and successful completion of the Project within
<br /> the requirements of the Contract Documents,the Contract Time and the GMP.
<br /> § 2.3 General Conditions
<br /> § 2.3.1 For the Preconstruction Phase,AIA Document A20ITm-2017,General Conditions of the Contract for
<br /> Construction,as revised,shall apply as follows: Section 1.5,Ownership and Use of Documents; Section 1.7,Digital
<br /> Data Use and Transmission; Section 1.8,Building Information Model Use and Reliance; Section 2.2.4,Confidential
<br /> Information;Section 3.12.10,Professional Services;Section 10.3,Hazardous Materials; Section 13.1,Governing Law.
<br /> The term"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,as revised,
<br /> which document is incorporated herein by reference.The term"Contractor"as used in A201-2017 shall mean the
<br /> Construction 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,
<br /> both phases will proceed concurrently.The Construction Manager shall identify a representative authorized to act on
<br /> behalf of the Construction Manager with respect to the Project.
<br /> AIA Document A133- - 2019. Copyright O 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The
<br /> "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 7without permission. This draft was produced by AIA software at 13:10:24 ET on 04/22/2021 under Order No.7856855196 which expires on
<br /> 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
<br /> of Service. To report copyright violations, e-mail copyright@aia.org.
<br /> User Notes: (1279676012)
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