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RES NO 09-02-2026
CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. ---_M-2026 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES AND PROJECT OVERSIGHT FOR THE NEW ADDITION OF THE KING OPERA HOUSE ANNEX PROJECT. WHEREAS, the City of Van Buren, Arkansas has determined that it needs Construction Management services and project oversight for the new addition of the King Opera House Annex Project; and WHEREAS, the City advertised for services and the selection committee recommends Beshears Construction Inc. to be hired for afore mentioned services. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS: SECTION l: The Mayor is authorized to enter into a contract, Exhibit A and B, with Beshears Construction Inc., to provide Construction Management services and project oversight for the new addition of the King Opera House Annex Project. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of_C for and D against, the foregoing Resolution at its regular meeting held on the 28th day of September 2026. G\evk Tres �PHurst m„ Jos h . ayor City of Van Buren ATTE ay APPROVED F RM: �Y o� ordcounty,Pt�a Shawnna R yn IdY Jacob Howell City Clerk/Treasurer City Attorney Document A133 - 2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the Twenty Eighths day of September in the year Two Thousand ADDITIONS AND DELE11ONS: Twenty Six The author of this document may have revised the text of the original AIA standard form.An Additions and Deletions Report that notes revisions to the standard form text is BETWEEN the Owner: available from the author and should be reviewed.A vertical line in the left City of Vail Buren margin of this document indicates where the author has added to or 1003 Broadway Street deleted from the original AIA text Van Buren,AR 729S6 This document has important legal consequences Consultation with an and the Constitwtion Manager: attorney is encouraged with respect to its completion or modification_ ALADocument A201"11-2017, Beshears Construction,Inc. General Conditions of the Contract for Construction,is adopted in this P.O.Box 6299 document by reference Do not use For Sruith.AR 72906 with other general conditions unless this document is modified. for the following Project: Additions&Renovations to King Open, House 427 Main Street Van Buren,AR 72956 The Architect: MAHG Architecture.Inc. 6400 Riley Park Dr. Fort Stifith,AR 72916 The Owner and Construction Manager agree as follows. AIA Document A133-2019,C-Mright 01991,2003,2009,and 2019.All rights reserved,'The American Institute of Architects,'"Amencan Institute of Architects.""AIA,"the AIA Logo,and"AIA Contract Documents'aretrademarks of The American Institute of Architects This document was produced at 15 3T31 CDT on 0911 W2026 under Subscription No,20240070751 NvNch expires on I U 18/2026,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 dodnfo@aiacontracts.com. User Notes: (6aad9fe22e634bef54237c TABLE OF ARTICLES 1 INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS,REBATES,AND REFUNDS 9 SUBCONTRACTS AND OTHER AGREEMENTS 14 ACCOUNTING RECORDS 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS 15 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDII"T EXHIBIT B INSURANCE AND BONDS ARTICLE 1 INITIAL INFORMATION §I A This Agreement is based on the Initial Information set forth in this Section 1.1, (For each item to this section, lase)-t the hifornfrrtion or a statement sticll as -riot applicable"or, "unbfoun at time of execution.") I §1.1.1 The Project's physical characteristics: Additions and Renovations AIA Document A133—2019_Copyright�D 1991,2003,2009,and 2019-All rights reserved"The American Institute of Architects,'"American institute of Architects,°°AA,"the AIA Logo,and'AIA Contract Documents"are trademarks of The American Institute of Architects.This document was as produced at 15,33:31 2 CDT on 09118/2026 under Subscription No.20240070751 wtrich expires on 1 Oi 18r2026,is not for resale,is licensed for one-time,use only,and may only be used in accordance witty the AiA Contract Documents"Terms of Service-To report copyright violations,e-mail docinfoCaaiacontracts.com User Notes: (6aad9fe22e634bef54237cdc) 1.1.2 The Owner's budget for the Guaranteed Maximum Price,as defined in Article 6: §1.1.3 The Owner's anticipated design and constniction milestone dates: .1 Desig w phase milestone dates,if any: .2 Constniction.commencement date: TBD .3 Substantial Completion date or dates: TBD .4 Other milestone dates: 1 AA The Owner's requirements for accelerated or fast-track scheduling,or phased constniction,are set forth below: N/A §1.1.5 The Owner's anticipated Sustainable Objective for the Project: N/A §1.1.5.1 If the Owner identifies a Sustainable Objective,the Owner and Construction Manager shall complete and incorporate AIA Document E234'1`,1-2019, Sustainable Projects Exhibit,Constniction\-Ianager as Constructor Edition,into this Agreement to define the tertus,conditions and services related to the Ovviier's Sustainable Objective,If E234-2019 is incorporated into this agreement,the Owner and Constniction Manager shall incorporate the completed E234-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. §I A.6 Other Project information: None §1.1.7 The Owner identifies the following representative in accordance with Section 4.2: (List name, oddress, and other rontact inforniotion.) TBD AtA Document Al 33—2019.Copyright C 1991,2003,2Vv9,and 2019.All rights reserved The Arriencan institute of Architects,' American Institute of Architects,"'AIA`the AIA Logo,and'AIA Contract Documents-are trademarks of The Arnencan Institute of Architects This document was produced at 15:3131 3 CDT on 091 W2026 under Subscription No 20240070751 which expires on 1011 W026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Oocumentss Terms of Service.To report copynght violations,e-mail docinto@atacontracts.com. User Notes: (6aad9fe22e634bef54237cdc) §1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status,address,and other contact infonnation.) .1 Geotechnical Engineer: TBD .2 Civil Engineer: Hawkins-Weir Engineers P.O.Box 648 Van Buren,AR 72956 479-474-1227 .3 Other,if any: Structural Engineer: Myers Engineering 2411 Fayetteville Rd., Ste B Van Buren,AR 72956 479-474-4412 MEP Engineer: HSA Engineering Consulting Services 7405 Ellis Street Fort Smith,AR 72916 479-452-8922 11.1.10 The Architect's representative: TBD AIA Document A133—2019,Copyright 0 1991,2003,2009,and 2019.All riots reserved."The American Institute of Architects,' American Institute of Architects,"NA,'the ALA Logo,and*AIA Contract DocumentV are trademarks of The American Institute of Architects.This document was produced at 15:33:31 4 CDT on 0911&2026 under Subscription No,20240070751 which expires on 10l,1112026,is not for resale,is licensed for one-time use only.and may only be used In accordance with the AJA Contract Documents-*Terms of Service.To report copyright violations.e-maji docinfo@ajacontracts.corm Usair Notts., (6aad9le22e634bef54237cdc) §1.1.11 The Construction Manager identifies the following representative in accordance with Article 3: Travis Besbears,President&COO Besbears Construction,Inc. P.O.Box 6299 Fort Smith,AR 72906 1.1.12 The Owner's requirements for subcontractor procurement for the performance of the Work: 1.1.14 Other Initial Information on which this Agreement is based: 1.2 The Owner and Construction Manager may rely on the Initial Information.Both parties,however.recognize that such information may materially change and,in that event,the Owner and the Construction Manager shall appropriately adjust the Project schedule,the Construction Manager*s services,and the Construction Manager's compensation.The Owner shall adjust the Owner's budget for the Guaranteed Maximum Price and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. §1.3 Neither the Owner's nor the Construction Manager's representative shall be changed without ten days'prior notice to the other party. ARTICLE 2 GENERAL PROVISIONS §2.1 The Contract Documents The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings.Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement,and Modifications issued after execution of this Agreement,all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein.Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Contract Documents will also include the documents described in.Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8.The Contract represents the entire and integrated agreement between the patties hereto and supersedes prior negotiations,representations or agreements,either viiritten or oral.If anything in the other Contract Documents,other than a Modification,is inconsistent with this Agreement,this Agreement shall govern.An enumeration of the Contract Documents,other than a Modification,appears in Article 15. §2.1.1 Construction Manager shall exercise the degree of care,skill and diligence in the performance of the Construction Manager's Work,to assure its Work is performed in a good and workmanlike manner,consistent with construction industry standards for similar projects and circumstances in the same geographic area(hereinafter the "Construction Manager's Standard of Care").The Construction Manager shall be responsible for and have control over all construction means,methods,techniques,sequences and procedures and for coordinating all portions of AIA Document AI33-2019 Copyright 01991,2003,2009;and 2019.A11 rights reserved,'The Arnericw tristiMe of Architects," American Institute of Architects," AIA,"the AIA Logo,and'ALA Contract Documents are trademarks of The American Inslitute of Architects.This document was produced at 15:33:31 5 CDT on 0911812026 under Subscription No.20240070751 which expires on latl&2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the ALA Contract Docunrientsm Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com- Lfter Notes: (6aad9fe22e634bef54237cdc) the Construction Manager's Work under this Agreement,including all coordination of the duties of a li trades,and shall furnish efficient business administration and supervision of the Work. Construction Manager's Standard of Care specifically excludes any design or design-related responsibilities,and any action taken by Construction Manager under this Agreement does not and shall not be construed to approve, represent or warrant the adequacy and suitability of the plans and specifications for the purpose for which they are provided. J 2AI To the extent the Owner requests that the Construction Manager provide services within standard of care, such as value analysis and/or constructability suggestions or comments with respect to the Drawings and Specifications,Owner acknowledges that such services are advisory only and not professional design services.The Owner shall refer all suggestions and continents to the Architect or other design professionals for review and evaluation prior to Owner's acceptance thereof The Owner further acknowledges that the Construction Manager is not responsible for adequacy of the drawings and specifications or for confirming the absence of errors or omissions that may exist therein.The Owner shall cause the Architect to revise the Drawings and Specifications to reflect all value analysis and constructability suggestions and comments accepted by the Owner without delay or disruption to the timely and orderly progress of the work.The contract sum and contract time may be adjusted upon the Contractor's review and pricing of the revised Drawings and Specifications. 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering the interests of the Owner to furnish efficient construction administration,management services,and siipervision;to furnish at all times an adequate supply of workers and materials,and to perform the Work in an expeditious and economical manner consistent with the owner's interests.The Owner agrees to furnish or approve,in a timely miumer,information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. 12.3 General Conditions §2.3.1 For the Preconstruction Phase,AIA Document A201'nk-2017,General Conditions of the Contract for Construction,shall apply as follows: Section 1.5,Ownership and Use of Documents;Section 1.7,Digital Data Llse and Transmission; Section 1.8,Building Information Model Use and Reliance:Section 2.2.4,Confidential Infbmiation-,Section 3.12.10,Professional Services: Section 10.3,Hazardous Materials.Section 13.1,Governing Law.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. §2.3.2 For the Construction Phase,the general conditions of the contract shall be as set forth in A201-2017,which document is incorporated herein by reference.The term"Contractor"as used in A2012017 shall mean the Construction Manager. ARTICLE 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2,and in the applicable provisions of A201-2017 referenced in Section 2.3.1.The Construction Manager's Construction Phase responsibilities are set forth in Section 3.3.The Owner and Construction Manager may agree,in consultation with the Architect for the Construction Phase to commence prior to completion of the Preconstruction Phase,in which case,both phases will proceed concurrently.The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. 3.1 Preconstruction Phase 3.1.1 Extent of Responsibility The Construction Manager shall exercise reasonable care in performing its Preconstruction Services.The Owner and Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of services and information furnished by the Construction Manager.The Construction Manager,however,does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maxinium Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,bud the AA Document A133—2019.Copyright O 1991,2003,2009,and 2019.AN rights reserved.'The American Institute of Architects'`American Institute of Architects,' AJA,'the AIALoW,and'AlAConlract Docurr&nts'aTe trademarks of The American Institute of Architects This document was produced at 15:33:31 6 COT on OW1812026 under Subscription No.20240070751 which expires on 10f1812026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Docurnen%4 Terms of Service To report copyright violations,e-mail docinfo@aiaconV-acts.com- User Mows: (6aad9fe22e634bef54237cdc) Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. §3,11 The Construction Manager shall provide a preliminary evaluation of the Owner's program,schedule and construction budget requirements,each in terms of the other. 3.1.3 Consubtlon 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures,progress,coordination,and scheduling of the Work. 3.1.3.2 The Construction Manager shall advise the O%&-ner and Architect on proposed site use and improvements, selection of materials,building systems,and equipment.The Construction Manager shall also provide recommendations to the Owner and Architect,consistent with the Project requirements,on constructability, availability of materials and labor,time requirements for procurement.installation and construction:prefabrication: and factors related to construction cost including,but not limited to,costs of alternative designs or materials, preliminary budgets,life-cycle data,and possible cost reductions.The Construction Manager shall consult with the Architect regarding professional services to be provided by the Construction Manager during the Construction Phase. 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified,the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance.The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services.The Project schedule shall coordinate and integrate the Construction Manager's services,the Architect's services,other Owner consultants'services,and the Owner's responsibilities; and identify items that affect the Project's timely completion.The updated Project schedule shall include the following:submission of the Guaranteed Maximum Price proposal:components of the Work:times of commencement and completion required of each Subcontractor:ordering and delivery of products,including those that must be ordered in advance of construction;and the occupancy requirements of the Owrrer. J 3.1.5 Phased Construction The Constriction Manager,in consultation with the.Architect,shall provide recommendations with regard to accelerated or fast-track scheduling,procurement,and sequencing for phased construction.The Construction Manager shall take into consideration cost reductions,cost information,constructability,provisions for temporary facilities,and procurement and construction scheduling issues. 3.1.6 Cost Estimates 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect,the Construction Manager shall prepare,for the Architect's review and the Owner's approval.preliminary estimates of the Cost of the 'Work or the cost of program requirements using area,volume,or similar conceptual estimating techniques.If the Architect or Construction Manager suggests alternative materials and systems,the Construction Manager shall provide cost evaluations of those alternative materials and systems. §3.1.61 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall prepare and update,at appropriate intervals agreed to by the Owner,Construction Manager and Architect,an estimate of the Cost of the Work with increasing detail and refinement.The Construction Manager shall include in the estimate those costs to allow for the further development of the design,price escalation,and market conditions,tuitil such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work.The estimate shall be provided for the Architect's review and the Owner's approval.The Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approved Project budget,and make recommendations for corrective action. AJA Document A133-2019 Copyright 01991,2003,2D09.and 2019.AN tights reserved.'The American Institute of Archit","Arnerican Institute of Architects,—Al&'the AIA Logo,andAJA Contract D6cttmeirts'are trademarks of The American Institute of Archttects.This document was produced at 15:33:31 COT on W1 812026 under Subscription No.20240070751 which expires on 100W=6,is not for resale,is licensed for one-times use only,and may only be used in accordance with the AJA Contract Docurnents*Terms of Service.To report copyrkpi violations,e-mail docinfo@_aiacontracts.com. User Notes: (6aad9fe22e634t)ef54237cdc) §3.1.6.3 If the Architect is providing cost estimating services as a Supplemental Service,and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Construction Manager and the Architect shall work together to reconcile the cost estimates. §3.1.7 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents.the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructabilityy and schedules,for the Architect's review and the Owner's approval. 3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment,materials,services,and temporary Project facilities. 3.1.11 Subcontractors and Suppliers 3.1.11.1 The Construction Manager shall develop bidders'interest in the Project. 3.1.112 The processes described in Article 9 shall apply if bid packages will be issued during the Preconstniction Phase, 3.1.12 Compliance with Laws The Construction Manager shall comply with applicable laws,statutes,ordinances,codes,rules and regulations,and lawful orders of public authorities applicable to its performance under this Contract,and with equal employment oppomirtity programs,and other programs as may be required by governmental and quasi-governmental authorities. 3.2 Guaranteed Maximum Price Proposal 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's and Architect's review.and the Owner's acceptance.The Guaranteed Maximum Price in the proposal shall be the stun of the Construction Manager's estimate of the Cost of the Work,the Construction Manager's contingency described in Section 3.2.4.and the Construction Manager's Fee described in Section 6.1.2. §3.2.2 The Owner and Construction Manager acknowledge that the Construction Manager will/has developed the Guaranteed MWnnun Price based upon completed Contract Documents-CDs-. In the event that the Owner and Construction Manager agree that the Construction Manager will develop a Guaranteed Maximum Price BEFORE the completion of the Contract Documents(CDs),in that such Drawings and Specifications do not contain all details and requirements of the Work,the Guaranteed Maximum Price will be based on certain assumptions by the,Construction Manager.To the extent that the Drawings and Specifications are anticipated to require further development by the Architect,the Construction Manager will include an allowance to be identified in Amendment#I for such further development consistent with the Contract Documents and reasonably inferable therefrom.Such further development does not include such things as changes in scope, systems,kinds and quality of materials,finishes or equipment,or any condition which was not reasonably AMC)ocurnentA133-2019 Copynght(D 1991,2003,2009,and 2019.All rights reserved.'The American institute of Architects"`American institute of Architects,"'AA,*the AIA Logo,and'AlA Contract Documents'are trademarks of The Amencan tnslitute of Architects.This document was produced at 15:33:31 8 COT on 09111112026 under Subscription No.20240070751 which expires on 10M812026,is not for resale,is licensed for one-time use only,and may only be used in accordance%vith the AJA Contract Documents'Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes, (6aad9fe22e634bef54237cdr) anticipated by the Construction Manager's assumptions regarding the completion of the design,all of m-tich.if required shall be incorporated by Change Order for additional cost and/or time as required.If the Contract Documents(CDs)or final Drawings and Specifications require performance of the Work in any manner different from such assumptions or contain changes in the scope of the Work to be performed by the Construction Manager, the Construction Manager shall as soon as practicable notify the Owner thereof and of the Construction Manager's estimate of the resulting increase or decrease in the Guaranteed Maximum Price,At such time as the Owner and the Construction Manager have agreed upon the effect of such difference and/or changes in the scope of the Work-,a Change Order shall be issued substituting the finished Contract Documents(CDs)for those described in this Agreement and the Guaranteed Maximum Price and Contract Time shall be adjusted as agreed by the parties. §31.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis,which shall include the following: .1 A fist of the Drawings and Specifications,including all Addenda thereto,and the Conditions of the Contract. .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal,including assumptions under Section 3.2.2, .3 A statement of the proposed Guaranteed Maximum Price,including a statement of the estimated Cost of the Work organized by trade categories or systems,including allowances;the Construction Manager's contingency set forth in Section 3.2.4;and the Construction Manager's Fee: .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based:and .5 A date by which the Owner must accept the Guaranteed Maximum Price. 31.3.1 The GMP shall contain a separately identified contingency(the-Construction Contingency")for the sole use by the Construction Manager. The Construction Contingency may not be used by the Construction Manager without the prior approval from the Owner. The construction contingency is not allocated to any particular item of the cost of the Work and is established for the Cost of the Work incurred by the Construction Manager,including mitigation of weather impact,losses,expenses or damages not covered by insurance or bonds,low estimates or deviations from the estimated cost and overly aggressive scheduling or shortage of properly skilled workforce.It is understood by the Parties that this contingency is not to be allocated to costs due to errors and omissions in the Contract Documents WDs)or to remedy,correct or resolve any inconsistencies,ambiguities,errors or omissions contained within the Architect's work product on which the Construction Managers GRIP was based, §3.2A In preparing the Construction Manager's Guaranteed Maximum Price proposal.the Construction Manager shall include a contingency for the Construction Manager's exclusive use to cover those costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order. §12.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal.In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented,they shall promptly notify the Construction Manager.who shall make appropriate adjustments to the Guaranteed Maximum Price proposal,its basis,or both. §32-6 If the Owner notifies the Construction Manager that the Owner has accepted tile Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximuni Price proposal,the Guaranteed Maximuni Price proposal shall be deemed effective without further acceptance from the Construction Manager.Following acceptance of a Guaranteed Maximum Price,the,Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement,a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. j 3.21 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the,execution of the Guaranteed Maximum Price Amendment,unless the Owner provides prior written authorization for such costs. AIA Document A133-2019,Copyright 01991,2003,2009,and 2019.All rights reserved,'The American Institute of Architects,—Ame6can Institute of Architects," AlA,'the AIA Logo,and"AIA Contract Documents'are trademarks of The American Insttute of Architects This document was produced at 1513:31 9 COT on 0911 W026 under Subscription No.20240070751 whitch expires on I Oil W026,is not for resale,is licensed for one-time use only,and may only be used in accordance),-Ath the AIA Contract DocumentO Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts,com. User Notes: (6aad9fe22eE34bef54237cdc) §3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed- upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment.The Owner shall promptly fattish such revised Contract Documents to the Construction Manager.The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents. §31.9 The Construction Manager shah include in the Guaranteed Maximum Price all sales,consumer,use and similar taxes for the Work,provided by the Construction Manager that are legally enacted,whether or not yet effective,at the time the Guaranteed Maximum Price Amendment is executed. 3.3 Construction Phase 3.3.1 General 3.3.1.1 For purposes of Section S.1.2 of A201-2017,the date of commencement of the Work shall mean the date of commencement of the Construction Phase. §3.3.1.2 The Construction Phase shall commence upon the Owner's execution of the Guaranteed Maximum Price Amendment or,prior to acceptance of the Guaranteed Maximum Price proposal,by written agreement of the parties. The written agreement shall set forth a description of the Work to be performed by the Construction Manager,and any insurance and bond requirements for Work performed prior to execution,of the Guaranteed Maximum Price Amendment. 3.3.2 Adrninistration 3.3.2.1 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress.coordination,scheduling,and status of the W,ork. 3.3.22 Daily Logs The Construction Manager shall keep.and make available to the owner and Architect,a daily log containing a record for each day of weather,portions of the Work in progress,number of workers on site,identification of equipment on site,problems that might affect progress of the work,accidents,injuries,and other information required by the Owner. §3.3.2.3 Cost Control The Construction Manager shall develop a system of cost control for the Work,including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes.The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect,and shall provide this information in its Luouthly reports to the Owner and Architect,in accordance with Section 33.2.3 above. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 Information and Services Required of the Owner 4.1.1 The Owner shall provide information with reasonable promptness,regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives,constraints,and criteria, including schedule,space requirements and relationships,flexibility and expandability,special equipment,systems. sustainability and site requirements. §4.12 Prior to the execution of the Guaranteed Maximum Price Amendment the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.After execution of the Guaranteed Maximum Price Amendment,the Construction Manager may request such information as set forth in A201-2017 Section 2.2. AIA Document Al 33—2019 Copy nghl 0 1991,2003,2009 and 2019.AX rights reserved.'The American Institute of Architects,'*American Institute of Architects." AJA,'the AIA Logo,and AIA Cont-act Documents'we trademarks of The American Institute of Archaects This document vrds produced at 15:33:31 10 COT on 0911812026 under Subscription No,20240070751 which expires on 10/1812026,is not for resale,is Itcensed for one-t4-ne use only,and may only be used in accordance vAth the AIA Contract Documenle Terms of Service.To report copyright violations,e-maii docinfo@aiacontrads com. User Notes: (6aad9(e22e634bef54237cdc) §4.1.3 The Owner shall establish and periodically update the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Article 7.(2)the Owner's other costs.and(3)reasonable contingencies related to all of these costs.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Constriction Manager and Architect.The Owner and the Architect, in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. §4.1.4 Structural and Environmental Tests,Surveys and Reports.During the Preconstruction Phase,the Owner shall fitmish the following information or services with reasonable promptness.The Owner shall also filmish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services.The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. J 4.1.4.1 The Owner shall ftirilish,tests,inspections,and reports,required by law and as otherwise agreed to by the parties.such as structural.mechanical,and chemical tests,tests for air and water pollution.and tests for hazardous materials. §4.1.4.2 The Owner shall furnish surveys describing physical characteristics.legal lintitations and utility locations for the site of the Project,and a written legal description of the site, The surveys and legal information shall include, as applicable,grades and lines of streets,alleys,pavements and adjoining property and structiiies,designated wetlands:adjacent jacent drainage;rights-of-w ay,restrictions,easements,encroachments,zoning,deed restrictions, boundaries and contours of the site:locations,dimensions and other necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade,including inverts and depths. All the information on the survey shall be referenced to a Project benclimark. §4.1.4.3 The Owner.when such services are requested.shall furnish services of geotechnical engineers,which may include test borings,test pits,deterruinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. §4.1.5 During the Constriction Phase.the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness.The Owner shall also furnish any other information or services tinder the Owner's control and relevant to the Construction Manager's performance of the NVork with reasonable promptness after receiving the Cousiruction Manager's written request for such information or services. 4.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project.The Owner's representative shall tender decisions promptly andftiriush information expeditiously,so as to avoid unreasonable delay in the services or Work of the Construction Manager.Except as otherwise provided in Section 4.2.1 of A20 1-2017.the Architect does not lave such authority.The term"Owner"means the Owner or the Owner's authorized representative. §4.2.1 Legal Requirements.The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests, §4.3 Architect The Owner shall retain an Architect to provide services,duties and responsibilities as described in AIA Document B 133W-2019,Standard Form of Agreement Between Owner and Architect.Construction Manager as Constructor Edition,including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services tinder this Agreement.The Owner shall provide the Construction ALA Document A133—2019.CopynghtO 1991,2003,2009,and 2019.AN rots reserved.'The American Institute of Architects.'*American Institute of Architects,''ALA,'the AIA Logo,and'AlA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:31 CDT on 09118/2026 under Subscription No,20240070751 which expires on 1011812026,is W for resale,is licensed for one-me use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service To report copyright violations,e-mait docinfo@aiacontracts.coni. User Notes: (6aad9fe22e634t)ef54237cdc) Manager with a copy of the scope of services in the executed agreement between the Owner and the Architect,and any further modifications to the Architect's scope of services in the agreement. ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES §5.1 Compensation §5.1.1 For the Construction Manager's Preconstruction Phase services described in Sections 3.1 and 3.2,the Owner shall compensate the Constniction Manager as follows: One Half Percent(0.5%) 5.1.2 If the Preconstruction Phase services covered by this Agreement have not been completed within months of the date of this Agreement,through no fault of the Construction Manage r,the Construction Manager's compensation for Preconstniction Phase services shall be equitably adjusted. 5.2 Payments 5.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. 5.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice.Amounts unpaid Zero (0)days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Constriction Manager. Zero Percent",o ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6.1 Contract Sum 6.1.1 The Owner shall pay the Constriction Manager the Contract Sum in current kinds for the Construction Manager's performance of the Contract after execution of the Guaranteed Maximum Price Amendment.The Contract Sum is the Cost of the Work-as defined in Article 7 plus the Construction Manager's Fee. 6.11 The Constriction Manager's fee: Seven and One Half Percent(7.5%) 6.1.3 The method of adjustment of the Construction Manager's Fee for changes in the Work: 6.1 A Limitations,if any,on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: J 6.1.5 Rental rates for Constniction Manager-owned equipment shall not exceed One Hundred percent( 100%)of the standard rental rate paid at the place of the Project. AJA Document A133-2019.Copyright 1991,2003,2009,and 2019.All rights reserved.*The American Institute of Architects,—American Institute of Architects,"AA'the AJA Logo,and'AIA Contract Docurnents are trademarks of The American Institute of Architects.This document:was produced at 1513:31 12 CDT on 09;*1812026underSubscription No,20240070751 which expires on 10IM026,is not for resale,is licensed for one-time use only,and may only be used in accordance vAth the AEA Contract Documents*Terris of Service To report copyright violations,e-mail docinfo§aiacontracts.com. User mcus: (6aad9fe22e634bef54237cdc) §616 Liquidated damages,if any: None 6.1.7 Other: 6.2 Guaranteed Maximum Price The Construction Manager guarantees that the Contract Sum shalt not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment,subject to additions and deductions by Change Order as provided in the Contract Documents.Costs which would cause the Guaranteed Max:inium Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. 6.2.1 Owner Acknowledges that the Guaranteed Maximum Price applies in the aggregate to all categories and line items of the cost of Work as defined in Article 6 of this Agreement and in no event shall be considered a line item guarantee of the cost of any individual portion of the Work. 6.3 Changes in the Work 6.3.1 The Owner may,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions.The Owner shall issue such changes in writing.The Construction Manager may be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. J 6111 The Architect may order minor changes in the Work as provided in Article 7 of AIA Doctimeat A201- 2017.General Conditions of the Contract for Construction. §6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Article 7 of AIA Document A201-2017,General Conditions of the Contract for Construction. §6.3.3 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201-2017,as they refer to-cost-and"fee,'"and not by Articles 6 and 7 of this Agreement. Adjustments to subcontracts awarded with the ONvner's prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. §6.3.4 In calculating adjustments to the Guaranteed Maximum Price,the terms"cost"and-costs-as used in Article 7 of AIA Document A201-2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the terra-fee"shall mean the Construction Manager's Fee as defined in Section,6.1.2 of this Agreement. §6.3.5 If no specific provision is made in Section 6.1.3 for adjustment of the Construction Manager's Fee in the case of changes in the Work or if the extent of such changes is such.in the aggregate,that application of the adjustment provisions of Section 6.1.3 will cause substantial inequity to the Owner or Construction Manager,the Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE 7.1 Costs to Be Reimbursed 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work.The Cost of the Work shall include only the items set forth in Sections 7.1 through 7.7. AIA Document A133—2019.Copyright 1991,2003,2009,and 2019,AN rights reserved.`The American Institute of Architects,' Institute of Architects,"'AIA,"the AIA Liao,and'AtA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:31 -GOT on 09118/2026 under Subscription No 20240070751 which expires on 1(V18/2M,is not for resale,is licensed for one-time use only,and may only be used 13 in accordance with the AIA Contract Documents$Terms of Service.To report copyright violations,e-mail docinto@aiacontracts.corn. User Notes: {6aad9le22e634bei'54237cdc) §7.1.2 Where.pursuant to the Contract Documents,any cost is subject to the Owner's prior approval.the Construction Manager shall obtain such approval in writing,prior to incurring the cost. §7.1.3 Costs shaft be at rates not higher than the standard rates paid at the place of the Project,except with prior approval of the Owner. §7.2 Labor Costs §7.2.1 Wages or salaries of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or at off-site workshops. §7.2.2 Salaries and burden of the Construction Manager's supervisory.project management.executive,safety and administrative personnel,when engaged in execution of the Work,these persons costs will be charged on an hourly basis and will be included in an agreed upon General Conditions costs. 7.21.1 Wages or salaries of the Construction Manager's supervisory and administrative personnel when performing Work and stationed at a location other than the site.but only for that portion of time required for the Work 7.2.3 Wages and salaries of the Construction Manager's super~•>isory or administrative personnel engaged at factories,workshops or while traveling.in expediting the production or transportation of materials or equipment required for the Work,but only for that portion of their time required for the Work. §7.2.4 Costs paid or incurred by the Construction Manager,as required by law or collective bargaining agreements, for taxes, insurance,contributions,assessments and benefits and.for personnel not covered by collective bargaining agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work tinder Sections 7.2.1 through 7.23. §7.2.5 If agreed rates for labor costs,in lieu of actual costs,are provided in this Agreement,the rates shall remain unchanged throughout the duration of this Agreement,unless the parties execute a Modification. 7.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. 7.4 Costs of Materials and Equipment Incorporated In the Completed Construction 7.4.1 Costs,including transportation and storage at the site.of materials and equipment incorporated,or to be incorporated,in the completed construction. §7.42 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage.Unused excess materials,if any,shall become the Gwner*s property at the completion of the Work or.at the Owner's option,shall be sold by the Construction Manager,Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. 7.5 Costs of Other Materials and Equipment,Temporary Facilities and Related items 7.5.1 costs of transportation,storage,installation,dismantling,maintenance,and removal of materials,supplies, temporary facilities.machinery,equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the NVork.Costs of materials,supplies,temporary facilities,machinery,equipment,and tools.that are not fully consumed.shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it AJA Document A133—2019.Copyright 1991,2003,2009,and 20I9.AD rights reserved,'The American Institute of Architects,*'American Institute of Architects,*'ALA,'the AIA Logo,and*AJA Contract Docunients'are trademarks of The American Institute of Architects.This document was produced at 15:33:31 14 CDT on 0911M026 under Subscription No.20240070751 which expires on 10MEIrM,is not for resale,is licensed for one-time use ody,and may only be used in accordance with the AJA Contract Documents'Terms of Service To report copyright violations,e-mail dodnfo@aiacontrads.coni. User Nefts; (6aad9(e22e634bef54237cdc) is no longer used at the Project site.Costs for items not fully consumed by the Construction Manager shall mean fair market value. §7.5.2 Rental charges for temporary facilities,machinery,equipn ent.and hand tools not customarily owned by coustructionwork-ers that are provided by the Construction Manager at the site,and the costs of transportation, installation,dismantling,minor repairs,and removal of such temporary facilities,machinery,equipment,and hand tools.Rates and quantities of equipment owned by the Construction Manager,or a related party as defined in Section 7.8,shall be subject to the Owner's prior approval.The total rental cost of any such equipment may not exceed the purchase price of any comparable item. §7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. §7.5.4 Costs of die Construction Manager's site office,including general office equipment and supplies. §7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location.subject to the Owner's prior approval. 7.6 Miscellaneous Costs 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. §T6.1.1 Costs for self-insurance.for either full or partial amounts of the coverages required by the Contract Documents,with the Owner's prior approval. §7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Construction Manager,with the 0,-Arner*s prior approval. §7.62 Sales,use.or similar taxes,imposed by a governmental authority.that are related to the Work and for which the Construction Manager is liable. §7.6.3 Fees and assessments for the building permit,and for other permits,licenses,and inspections,for which the Construction Manager is required by the Contract Documents to pay. §7.6.4 Fees of laboratories for tests required by the Contract Documents;except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201-2017 or by other provisions of the Contract Documents,and which do not fall within the scope of Section 7.7.3. §7.6.5 Royalties and license fees paid for the use of a particular design.process,or product,required by the Contract Documents. §7.6.51 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents.payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims,and payments of settlements made with the Owner's consent,unless the Construction Manager had reason to believe that the required design,process,or product was an infringement of a copyright or a patent,mid the Construction Manager failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document A201-2017.The costs of legal defenses,judgments.and settlements shall not be included m the Cost of the Work used to calculate the Construction Manager's Fee or subject to the Guaranteed Maximum Price. 17.6.6 Costs for communications services,electronic equipment,and software,directly related to the Work and located at the site,with the Owner's prior approval. 7.6.7 Costs of document reproductions and delivery charges. ALA Document Al 33—2019 Copyright 0 1991,2003,2009,and 2019.All HgNs reserved.'The American Institute of Architects,' Anterican institute of Architects,' AlA,*the AJA Logo,andAlA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:31 15 COT on 09118/2026 under Subsctiption No.20240070751 which expires on 10/1812028,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documente Terms of Service.To report copyright violations,e-mail docinfo@aiacontraits.com. Usorhlotw (6aad9fe22e634bef54237cdc) 7.6.8 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. §7.6.9 Legal.mediation and arbitration costs,including attorneys'fees,other than those arising from disputes between the Owner and Construction Manager,reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the ONvner's prior approval,which shall not be unreasonably withheld. §7.6.10 Expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Fork,with the O%mer's prior approval. §7.6.11 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the N'Vork 7.7 Other Costs and Emergencies 7.7.1 Other costs incurred in the performance of the Work,with the Owner's prior approval. 7.7.2 Costs incurred in taking action to prevent threatened damage, injury,or loss,in case of an emergency affecting the safety of persons and property,as provided in Article 10 of AIA Document A101-2017. 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the ConstructionNIanager. Subcontractors,or suppliers,provided that such damaged or nonconforming Work was not caused by the negligence of,or failure to fulfill a specific responsibility by,the Constniction Manager,and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance,sureties, Subcontractors, suppliers.or others. S 73A The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the WorL notwithstanding any provision of AIA Document A201-2017 or other Conditions of the Contract which may require the Construction Manager to pay such costs,unless such costs are excluded by the provisions of Section 7.9. 7.8 Related Party Transactions 7.8.1 For purposes of this Section 7.8.the terin-related party"shall mean(1)a parent, subsidiary,affiliate,or other entity having common ownership of,or sharing common management with,the Construction Manager:(2)any entity in which any stockholder in,or management employee of,the Construction Manager holds an equity interest in excess of ten percent in the aggregate:(3)any entity which has the right to control the business or affairs of the Construction Manager:or(4)any person,or any member of the immediate fiunity of any person,who has the right to control the business or affairs of the Construction Manager. §7.81 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party,the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred,before any such transaction is consummated or cost incurred.If the Owner,after such notification,authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed,and the Construction Manager shall procure the Work,equipment,goods,or service,from the related party.as a Subcontractor,according to the terms of Article 9. If the Owner fails to authorize the transaction in writing,the Construction Manager shall procure the Work, equipment,goods,or service from some person or entity other than a related party according to the terms of Article 9. 7.9 Costs Not To Be Reimbursed 7.9.1 The Cost of the Work shall not include the items listed below- .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office,except as specifically provided in Section 7.2,or as may be provided in Article 14; AIA Dwument A133—2019.Copyright 1991,2003,2009,and 2019.AD rights reserved.'The American Institute of Architects,"Arrierican Institute of Architects,'-ALA,'the AIA Logo,and'AJA Contract Documents'are trademarks of Tice American Institute of Architects.This document was produced at 15:33:31 16 CDT on 09118026 under Subscription No,20240070751 wtich expires on 1011812028,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AJA Contract Docunwnts*Terms of Service To report copyright vk ations,e4nail docinfo@aiacontracts.com. Usor Notes: (6aad9fe22e634bef64237cdc) .2 Bonuses,profit sharing,incentive compensation,and any other discretionary payments,paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor,unless the Owner has provided prior approval. .3 Expenses of the Construction Manager's principal office and offices other than the site office; .4 Overhead and general expenses,except as may be expressly included in Sections 7,1 to 7.7: .5 The Construction Manager's capital expenses,including interest on the Construction Manager's capital employed for the Work-, .6 Except as provided in Section 7.7.3 of this Agreement,costs due to the negligence of or failure to fulfill a specific responsibility of the Contract by,the Construction Manager,Subcontractors.and suppliers,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable: .7 Any cost not specifically and expressly described in Sections 7.1 to 7.7, .8 Costs.other than costs included in Change Orders approved by the Owner,that would cause the Gruaranteed Maximum Price to be exceeded,and .9 Costs for services incurred during the Preconstruction Phase. ARTICLE 8 DISCOUNTS,REBATES,AND REFUNDS §8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1)before making the payment.the Construction Manager included the amount to be paid,less such discount.in an Application for Payment and received payment from the Owner,or(2)the Owner has deposited funds with the Construction Manager with which to make payments,otherwise,cash discounts shall accrue to the Construction Manager.Trade discounts,rebates,refittids,and ainounts received from sales of surplus materials and equipment shall accrue to the Owner.and the Construction Manager shall make provisions so that they can be obtained. §8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE SUBCONTRACTS AND OTHER AGREEMENTS §9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager.The Owner may designate specific persons from whom,or entities from which,the Construction Manager shall obtain bids.The Construction Manager shall obtain bids from Subcontractors,and from suppliers of materials or equipment fabricated especially for the Work-,who are qualified to perform that portion of the Work-in accordance with the requirements of the Contract Documents.The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept.The Owner then has the right to review the Construction Manager's list of proposed subcontractors and suppliers in consultation with the Architect and,subject to Section 9.1.1,to object to any subcontractor or supplier. Any advice of the Architect,or approval or objection by the Owner,shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents.The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. J 9.1.1 When a specific subcontractor or supplier(1)is recommended to the Owner by the Construction Manager,(2) is qualified to perform that portion of the Wort and(3)has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions.but the Owner requires that another bid be accepted,then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. §91 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement.and shall not be awarded on the basis of cost plus a fee without the Owner's prior written approval.If a subcontract is awarded on the basis of cost plus a fee,the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10, AJA Document A133—2019.Copyright 1991,2003,2009,and 2019.AN rights reserved."The American Institute of Architects,' American Institute of Architects,—AWthe AIA Logo,andAJA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15 3131 17 CDT on OWI 812026 under Subscription No.210240070751 which expires on I&MM,is not for resale,is licensed for one-Airne use only and may only be used in accordance with the AJA Contract Documents*Terms of Service To report copyright violations,e-mail docinfop_aiacontrads.com, user Notes: {6aad9fe22e634bef54237cdc) ARTICLE 10 ACCOUNTING RECORDS The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work,and exercise such controls,as may be necessary for proper financial management tinder this Contract and to substantiate all costs incurred.The accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice,be afforded access to,and shall be permitted to audit and copy,the Construction Manager's records and accounts,including complete documentation supporting accounting entries,books,job cost reports,correspondence,instructions,drawings,receipts, subcontracts,Subcontractor's proposals,Subcontractor's invoices,purchase orders,vouchers,memoranda,and other data relating to this Contract The Construction Manager shall preserve these records for a period of three years after final payment,or for such longer period as may be required by law. ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES §11.1 Progress Payments §11.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager.and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum,to the Construction Manager,as provided below and elsewhere in the Contract Documents. §1111.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month.or as follows: §11.1.3 Provided that an Application for Payment is received by the Architect not later than the 1st day of a month. the Owner shall make payment of the,amount certified to the Construction Manager not later than the 30th day of the Same month.If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than Thirty(30)days after the Architect receives the Application for Payment. §11.1.4 With each Application for Payment,the Constriction Manager shall submit payrolls,petty cash accounts, receipted invoices or invoices with check vouchers attached,and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager,plus payrolls for the period covered by the present Application for Payment.less that portion of the progress payments attributable to the Construction Manager's Fee. §11.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents.The schedule of values shall allocate the entire Guaranteed Maximum Price among:(1)the various portions of the Wort(2)any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order.and(3)the Construction Manager's Fee. §11.1.5,1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.The schedule of values shall be used as a basis for reviewing the Construction Manager's Applications for Payment. S 11.1.5.2 The allocation of the Guaranteed Maxinnun Price urider this Section 11.1.5 shall not constitute a separate Guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. §11.1.5.3 When the Construction Manager allocates costs from a contingency to another line item in the schedule of values.the Construction Manager shall submit supporting documentation to the Architect. §11.1.6 Applications for Payment shah show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.The percentage of completion shall be the lesser of(1)the percentage of that portion of the Work which has actually been completed,or(2)the percentage obtained by dividing(a)the expense that has actually been incurred by the Construction Manager on account of that portion of AJA Document At 33—20%Copyright 01991,2003,2009,and 2019.All rights reserved,The American Institute of Archtects,"American institute of Architects,""AIA AIA Logo,and'AIA Contract oocu4nts'are trademarks of The American Institute of Architects.This document was produced at*33:31 4 r, CDT on 0911812026 under Subscription No.20240070751 which expires on 10/1812026,is not for resale,is licensed for one-time use orily,and may only be used in accordance Wh the AIA Contract Documents"Terms of Service To report copyright violations,e-mail docinfo@aiacontracts,com, User Notes: (6aad9fe22e634bef54237cdc) the Work and for which the Construction Manager has made payment or intends to make payment prior to the next Application for Payment, by(b)the share of the Guaranteed Maximum Price allocated to that portion of the NN ork in the schedule of values. §111.7 In accordance with AIA Document A201-2017 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 11.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of tile Guaranteed Maximum Price allocated to that portion of the'Vork-in the most recent schedule of values: I That portion of the Guaranteed Maximum,Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or, if approved in writing in advance by the Owner,suitably stored off the site at a location agreed upon inwriting; .3 That portion of Construction Change Directives that the Architect determines,in the Architect's professional judgment,to be reasonably justified:and .4 The Construction Manager's Fee,computed upon the Cost of the Work described in the preceding Sections 11.1.7.1.1 and 11,1.7.1.2 at the rate stated in Section 6.1.2 or.if the Construction Manager's Fee is stated as a fixed sum in that Section,an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 11.1.7.1.1 and 11,1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. §111.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner: .2 The aincium.if any,for Wbrk that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017: .3 Any amount for which the Construction Manager does not intend to pay a Subcontractor or material supplier,unless the Work has been performed by others the Construction Manager intends to pay; .4 For Work performed or defects discovered since the last payment application,any amount for which the Architect may withhold payment,or nullify a Certificate of Payment in whole or in part,as provided in Article 9 of AIA Document A2012017'. .5 The shortfall,if any.indicated by the Construction Manager in the documentation required by Section 11.1.4 to substantiate prior Applications for Payment,or resulting from errors subsequently discovered by the Owner's auditors in such documentation.and .6 Retainage withheld pursuant to Section 11.1.8. J 11.1.8 Retainage §11.1.8.1 For each progress payment made prior to Substantial Completion of the Work.the Owner may withhold the following amount.as retainage,from the payment otherwise due: Five Percent(5%) The,following item are not subject to retainage: 11.1.8.2 Reduction or limitation of retainage.if any,shall be as follows: AIA Document Al 33—2019.Copyright 1991,2003,2009,and 2019.Ali rights reserved "The American Institute of Architects;' American Institute of Archilects,"'AIA,'the AIA Logo,and AlAContract Documents"are trademarks of The American institute of Architects.This document was produced at 15:33:31 COT on 0911812026 under Subscription No,20240070751 which expires on 10/18/2026,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 docinfb@aiacontracts.com User Notes: (6aad9fe22e634bef64237cdc) §11.1.9 If final completion of the Work is materially delayed through no fault of the Construction Manager,the Owner shall pay the Construction Manager any additional amounts in accordance with Article 9 of AIA Document A201-2017. §11.1.10 Except with tile Owners prior written approval,the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. §11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors,and the percentage of retainage held on Subcontracts,and the Construction Manager shall execute subcontracts in accordance with those agreements, §11,112 In taking action on the Construction Manager's Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager.and such action shall not be deemed to be a representation that(1)the Architect has made a detailed examination,audit.or arithmetic verification,of the documentation submitted in accordance with Section I I.1.4 or other supporting data. (2)that the Architect has made exhaustive or continuous on-site inspections.or(3)that the Architect has made examinaticias to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract.Such examinations,audits,and verifications,if required by the Owner,will be performed by the Owner's auditors acting in the sole interest of the Owner. 11.2 Final Payment 11.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract.except for the Construction Manager's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017,and to satisfy other requirements.if any.which extend beyond final payment: .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment,and .3 a final Certificate for Payment has been issued by the Architect iii accordance with Section 11.2.2.2. 11.2.2 Within 30 days of the Owner's receipt of the Construction Manager's final accounting for the Cost of the Work,the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. §11,21.1 If the Owner conducts an audit of the Cost of the Work,the Owner shall,within 10 days after completion of the audit,submit a written report based upon the auditors'findings to the Architect. §11.2.2.2 Within seven days after receipt of the written report described in Section 11,2.2.1.or receipt of notice that the Owner will not conduct an audit,and provided that the other conditions of Section 11,2.1 have been met,the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager,or notify the Construction Manager and Owner in twiting of the Architect's reasons for withholding a certificate as provided in Article 9 of AIA Document A201-2017.The time periods stated in this Section 11.2.2 supersede those stated in Article 9 of AIA Document A201-2017.The Architect is not responsible for verifying the accuracy of the Construction Manager's filial accounting. §11.2-2.3 If the Owner's auditors'report concludes that the Cost of the Work.as substantiated by the Construction Manager's final accounting,is less than claimed by the Construction Manager.the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201-2017.A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of die Architect's final Certificate for Payment.Failure to request AJA Document A133—2019.Copynght(D 1991,2003,2009,and 2019 AM rights reserved'The American Institute of Architects,—American Institute of Architects,"AJA,'the AIA Logo,and'AJAContract Documen&are trademarks of The American Institute of Architects.This document was produced at 15:33:31 CDT on 0911812026 under Subscription No.20240070751%vhich expires on 1011812026,is riot for resale,is licensed for one-time use only,and may only be used 20 in accordance with the AIA Contract Docurienis;8 Terms of Service To report copyright violations,e-mail docirrfoQaiacontracts.com. User Notes; (6aad9fe22e634bef54237cdc) mediation within this 30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Constriction Manager.Pending a final resolution of the disputed amount,the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. §11.2.3 The O,,vaer's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: §11.24 If,subsequent to final payment,and at the O%Nuer*s request,the Construction Manager,Incurs costs. described in Sections 7.1 through 7.7,and not excluded by Section 7.9,to correct defective or nonconforming NVoric, the Owner shall reimburse the Construction Manager for such costs.and the Construction Manager's Fee applicable thereto,on the same basis as if such costs had been incurred prior to final payment.but not in excess of the Guaranteed Maximum Price,If adjustments to the Contract Sum are provided for in Section 6.L7.the amount of those adjustments shall be recalculated,taking into account any reimbursements made purstiant to this Section 1124 in deterrilining the net amount to be paid by the Owner to the Construction Manager. §11.3 Interest Payments due and unpaid tinder the Contract shall bear interest from the date payment is due at the rate stated below.or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. ARTICLE 12 DISPUTE RESOLUTION 12.1 Initial Decision Maker 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 12 and Article 15 of A-10 1-2017,However.for Claims arising from or relating to the Construction Manager's Preconstruction.Phase services,no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution.and Section 111.2 of this Agreement shall not apply. §12.11 The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017 for Claims arising from or relating to the Construction Manager's Construction Phase services,unless the parties appoint below another individual,not a party to the Agreement,to serve as the Initial Decision Maker. §12.2 Binding Dispute Resolution For any Claim sulalect to,but not resolved by inediation pursuant to Article 15 of AIA Document A201-2017,the method of binding dispute resolution shall be as follows: [ ] Arbitration pursuant to Article 15 of AIA Document A201-2017 (X ] Litigation in a court of competent jurisdiction Other: (Spectffi AIA Document A133-2019,Copyright 01991,2003,2009,and 2019 AJI rights reserved `The American Institute ot Architects''American institute of Architects>—Alk'the AIA Logo,and'AJA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:31 CDT on 09118/2026 under Subscription No,20240070751 which expires on10/18M26,is not for resate,is licensed for one-time use only: 21 in accordance vAth the AIA Contract Documents*Terms of service To report copyrigcopyrightviolations,e-mail docintoCaiacontracts.corn. and may only be used User Notes: (6aadWe22e634bef64237cdc) If the Owner and Construction Manager do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation.Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 13 TERMINATION OR SUSPENSION 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the Guaranteed Maximum Price. the Owner may terminate this Agreement upon not less than seven days'written notice to the Construction Manager, and the Construction Manager may terminate this Agreement,-upon not less than seven days' written notice to the Owner. §131.2 in the event of termination of this Agreement pursuant to Section 13.1.1.the Construction Manager shall be compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination,in accordance with the terms of this Agreement.In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. §13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment.the Owner may tenninate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause,and the Construction Manager may terminate this Agreement,upon not less than seven days' written notice to the Owner,for the reasons set forth in Article 14 of A2)0 1—2017, §13.14 In the event of termination of this Agreement pursuant to Section 13.1.3,the Construction Manager shall be equitably compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination.In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. §13.1.5 If the Owner terminates the Contract pursuant to Section 13.1.3 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment,the Owner shall pay to the Construction Manager an amount calculated as follows,which amount shall be in addition to any compensation paid to the Construction Manager under Section 13.1.4: .1 Take the Cost of the Work,incurred by the Construction Manager to the date of termination. -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 6.1 or,if the Construction Manager's Fee is stated as a fixed sum in that Section,an amount that bears the same ratio to that fixed-stun 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: and .3 Subtract the aggregate of previous payments made by the,Owner for Construction Phase services. §13.1.8 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 that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.1.5.1.To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders(including rental agreements),the Construction Manager g shah,as a condition of receiving the payments referred to in this Article 13.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 fiffly vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders.All Subcontracts,purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. 5 13.1.6.1 If the Owner accepts assigninent of subcontracts,purchase orders or rental agreements as described above. the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement,if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated.If the Owner chooses not to accept assignment of any subcontract,purchase order or rental ALA Document Al 33—2019.Copyright 01991.2003,2009,and 2019.All rights reserved 'The American Institute of Architects,' American Institute of Architects,''ALA,'the AIA Logo,and'ALA Contract Documents'are trademark$of The Amencan Institute of Architects.This document was produced at 15i33:3 CDT on 09118/2026 under Subscription No,20240070751 which expires on I Oil W2026,is not for resale,is licensed for one-time use only,and may only be used 22 in accordance with the AIA Contract Documents'TenTs of Service To report copyright vitiations,e-mail docinfD@aiacontracts.com, User Notos, (6aad9fe22e634bef54237cdr_) agreement that would have constituted a Cost of the Work had this agreement not been terminated.the Constniction Manager will terminate the subcontract,purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by tile Construction Manager because of such termination, §13.2 Termination or Suspension Following Execution of the Guaranteed Maximum Price Amendment §13.2.1 Termination The Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document A201-2017. §13.2.2 Termination by the Owner for Cause §13.2.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201-2017, the amount.if any.to be paid to the Construction!Manager under Article 14 of AIA Document A201-2017 shall not cause the Guaranteed Maximum Price to be exceeded,nor shall it exceed an amount calculated as follows; .1 Take the Cost of the NVork incurred by the Construction Manager to the date of termination. .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 6.1.or,if the Construction Manager'Fee is stated as a fixed sure in that Section,an amount that bears the sfune ratio to that fixed-sum Fee as the Cost of the Work at the tune 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-,and A Subtract the costs and damages incurred,or to be incurred.by the Owner tinder Article 14 of AIA Document A20 1-2017. 13.21.2 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 that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.22.1.1.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 13.execute and deliver all such papers and take all such steps.including the legal assignment of such subcontracts and other contractual rights of the Constniction Manager,as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager tinder such subcontracts or purchase orders. §13.2.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A20 1-2017, then the Owner shall pay the Construction Manager a termination fee as follows: 13.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017:in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A20 t-2017,except that the term-profit"shall be understood to mean the Construction Manager*s Fee as described in Sections 6.1 and 6.3.5 of this Agreement. ARTICLE 14 MISCELLANEOUS PROVISIONS §14.1 Terms in this Agreement shall have the same meaning as those in A201-2017.Where reference is made in this Agreement to a provision of AIA Document A2701-2017 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents, §14.2 Successors and Assigns §14.2.1 The Owner and Construction Manager,respectively.bind themselves,their partners,Successors,assigns and legal representatives to covenants,agreements.and obligations contained in the Contract Documents.Except as provided in Section 14.2.2 of this Agreement.and in Section 13.2.2 of A201-2017,neither party to the Contract shall assign the Contract as a whole without written consent of the other.If either party attempts to make an AIA Document A133—2019 Copyright 1991,2003,2009;and 2019,All tights reserved `The American Institute of Architects, `American Institute of Architects;"AIA,`the AIA Logo,and°AlAcontract Documents'are trademarks of TheAmerican Institute of Architects.This docurneritwas produced at'1513:31 2$ COT on 0911812026 under Subscription No.20240070751 which expires on 10118/2026,is not for resale,is licensed tot one-tim e use only,and may only be used in accordance with the AIA Contract Documents Terms of Service To report copyright violations,e-mail docinfo@aiaoontracts.com. Usor Nafts. (6aad9fe22e634bef54237cdc) assignment without such consent,that party shall nevertheless remain legally responsible for all obligations tinder the Contract. §14.2.2 The Owner may,without consent of the Construction Manager.assign Cie Contract to a lender providing construction financing for the Project,if the tender assumes the Owner's rights and obligations tinder the Contract Documents.The Construction Manager shall execute all consents reasonably required to facilitate the assignment. 14.3 Insurance and Bonds 14.3.1 Preconstruction Phase The Construction Manager shall maintain the following insurance for the duration of the Preconstruction Services performed tinder this Agreement.If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains,the Owner shall reimburse the Construction Manager for any additional cost, S 14.3.1.1 Commercial General Liability with Policy limits of not less than (S )for each occurrence and (S )in the aggregate for bodily injury and property damage. §14.3.1.2 Automobile Liability coveting vehicles owned,and non-owned vehicles used,by the Construction Manager with policy limits of not less than (S )per accident for bodily injury.death of any persolL and property damage arising out of the ownership,maintenance and use of those motor vehicles.along with any other statutorily required automobile coverage. §14.3.1.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided that such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required tinder Sections 14.3.1.1 and 14.3.1.2.and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. §14.3.1.4 Workers' Compensation at statutory limits and Eniployers Liability with policy limits not less than (s each accident, (S )each employee,and (S )policy limit. §14.3.1.5 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than (S )per claim and (S )in the aggregate. 14.3.1.6 Other Insurance Coverage Llmits Gen,Aggregate Personal Injury Completed Operations Auto Mobile Liability N'Vorkman's Compensation Builder's Risk 14.3.1.7 Additional Insured Obligations.To the fullest extent permitted by law.the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. AIA Document A133-2019,Copyright 0 1991,2003,2009;and 201%All rights reserved.'The American Institute of Architects,'*American lnstjtute of Architects;'AIA,'the AIA Logo,and'AIAConvact Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33 31 24 CDT on MiW026 under Subscription No,20240070751 which expires on ia'1812026,is not for resale,is licensed for onebme use only,and may only be used in accordance with the AIA Contract Documents*Terms of Service To report copyright violations,e-mail docinfo@aiacontracts,com, User Notes: (6aad9fe22e634bef54237cdc) §14.3.1.8 The Construction Manager shall provide certificates of insurance to the ON-viter that evidence compliance with the requirements in this Section 14.3.1. §14.3.2 Constructlon Phase After execution of the Guaranteed Maxinnint Price Amendment.the Owner and the Construction Manager shall purchase and maintain insurance as set forth in AIA Document Al 33n'--10 19.Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price,Exhibit B,Insurance and Bonds,and elsewhere in the Contract Docutueats. §14.3.2.1 The Construction Manager shall provide bonds as set forth in AIA Document Al 33T-%k--)O 19 Exhibit B, and elsewhere in the Contract Documents. §14.5 Other provisions: Owner acknowledges that certain information provided to it by Construction Manager contains information deemed trade secret or proprietary to Construction Manager.Such information includes but is not limited to Construction Manager's research,development,methods,processes,techniques,operations,computer programs.pricing-price modeling,and financial data of Construction Manager,its subsidiaries,operating service_groups and affiliates companies,including data provided in support of applications for payment,change orders,or commercial information,including value engineering and constructabifity studies:current and prospective clients, subcontractors,and,or competitors,and proposals.Oi;Naier acknowledges the value of such information to the Construction Manager,and agrees to use reasonable diligence in protecting this information from unauthorized disclosures to third parties(excluding any governmental regulatory bodies entitled to access such information by W%v,or Owner*s parent.subsidiary of affiliated companies,or Owner*s auditor's or lenders to the extent such disclosure is necessary. ARTICLE15 SCOPE OF THE AGREEMENT §15.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. §15.2 The following documents comprise the Agreement- .1 AIA Document A133'm-2019.Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the,Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document Al 33"ht-12019.Exhibit A,Guaranteed Maximum Price Amendment,if executed .3 AIA Document Al 33"111-2019,Exhibit B.Insurance and Bonds .4 AIA Document A201n'-2017.General Conditions of the Contract for Construction .5 Other Exhibits: AIA Document E234TK-2019.Sustainable Projects Exhibit.Construction Manager as Constructor Edition,dated as indicated below: ALA Document A133-2019,Copyright 1991,2003,2009,and 2019.All rights reserved.'The American Institute of Archilects, "American Institute of Architects,"`AIA,' AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 1533:31 25 COT on 09118,2026 under Subscription No.20240070751 which expires on 10118f2026,is not for resale,is licensed for one-tare use only,and may only be used in accordance with the AIA Contract DocumentsO Terrns of Service To report copyright violations,e-mail docinfo@aiacontracts.conL User Notes: (6aad9fe22e634bef54237cdc) [ ]Supplementary and other Conditions of the Contract: Document Title Date Pages .7 Other documents,if any,listed below: This Agreement is entered into as of the day and year first written abov ‘------L-t6Sr— ER(Signature) ONST IQ GER(Signature) BY:J ((.1 Karsf l ,A r BY: Travis Beshears.President&COO (Primed name and title) (Printed name and title) AIA Document A133—2019.Copyright©1991,2003,2009.and 2019.All rights reserved. The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:31 26 CDT on 09/18/2026 under Subscription No.20240070751 which expires on 10/18/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentss Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (6aad9fe22e634bef54237cdc) ,12qgAIA Document Al 33" - 2019 Exhibit A Guaranteed Maximum Price Amendment This Amendment dated the day of in the year,is incorporated into the accompanying AIA Document A 133 TM�-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with h a Guaranteed Maximum Price dated the 28th day of September in ADOMONS AND DELETIONS: the year 2026(the-Agreement") The author of this document may (In words, indicote dcri-, month, and vetv%) have revised the text of the original AIA standard form,An Additions and Deletions Report that notes for the following PROJECT: revisions to the standard form text is available from the author and should be reviewed.A vertical line in the left Additions&Renovations to King Opera House margin of this document indicates 427 Main Street where the author has added to or Van Buren,AR 729i6 deleted from the original AIA text This document has important legal THE OWNER: consequences.Consultation with an attorney is encouraged with respect to its completion or modification. City of Vein Buren AIA Document A201'111-2017, 1003 Broadway Street General Conditions of the Contract for Construction,is adopted in this Van Biiren,AR 72956 document by reference.Do not use with other general conditions unless this document is modified. THE CONSTRUCTION MANAGER: Beshears Construction,Inc. P.O Box 6299 Fort Smith.AR 72906 TABLE OF ARTICLES A.1 GUARANTEED MAXIMUM PRICE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION A.3 INFORMATION UPON WHICH AMENDMENT IS BASED AA CONSTRUCTION MANAGER'S CONSULTANTS,CONTRACTORS,DESIGN PROFESSIONALS,AND SUPPLIERS ARTICLE A.1 GUARANTEED MAXIMUM PRICE §A.1.1 Guaranteed Maximum Price Pursuant to Section 3.2.6 of the Agreement,the Owner and Constriction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price.As agreed by the Owner and Construction Manager.the Guaranteed Maximum Price is an amount that AIA Document A133-2019 Exhibit A CopyrightiD 1991,2003,2009,and 2019 All rights reserved-'The American institute of Architects,"American Institute of Architects,"ILIA,"the AIA Logo,and'AlA Contract Documents'are trademarks of The American Institute of Architects This document was produced at 15,37 02 COT on 0908f2026 under Subscription No 20240070751 which expires on 10f18/2026,is not for resale,is licensed fo(one-tirrie use only.and may only be used in accordance wish the AIA Contract Documents!'Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (6aada0Mc0%8b3883e1b the Contract Sum shall not exceed.The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work,as that term is defined in Article 6 of the Agreement. §A-1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed (S ),subject to additions and deductions by Change Order as provided in the Contract Documents. I A.1.1.2 Itemized Statement of the Guaranteed Maximum Price.Provided below is an iteinized statement of the Guaranteed maximum Price organized by trade categories,including allowances:the Construction Manager's contingency,alternates:the Construction Manager's Fee,and other items that comprise the Guaranteed Maximuru Price as defined in Section 3.2.1 of the Agreement. (Provide ireniked statemew beloiv or reference an atrachmeort.) A.1.1.3 The Construction Manager's Fee is set forth in Section 6,1.2 of the Agreement. A.1.1.4 The method of adjustment of the Construction Manager's Fee for changes in the Work is set forth in Section 6.1.3 of the Agreement. A-1.1.5 Alternates A.1.1.5.1 Alternates,if any,included in the Guaranteed Maximum Price: Item Price §A.1.1.5.2 Subject to the conditions noted below,the following alternates may be accepted by the Owner following execution of this Exhibit A.T_Tpou acceptance,the Owner shall issue a Modification to the Agreement. (Insert belotv each alternate and the conditions that must be suet for the Owner to accept the alteniate.) Rem Price Conditions for Acceptance §A.1.1.6 Unit prices.if any: (IdentiA,the iten)and state the trout price and quanfiti,ffinitations, jfw�y,to which the unit price trill be applicable.) Item Units and Limitations Price per Unit($0.00) ARTICLEA.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §A1.1 The date of coirimencenient of the Work shall be: (Check one of the folloiring boxes,) The date of execution of this Amendment. Established as follows: (Insert a date or a weans to determine the date of commencement of the Work.) AIA Document A133-2019 ExhNt A Copyright 0 1991,2003,2009,and 2019.AN rights reserved.'The American Institute of Architects,"Ame6can Institute of Architects,*'AIA,*the AlAtogo,and'ALA Contract Docurnents are trademarks of The American Institute of Architects.This document was produced at 115�37:02 2 COT on W111026 under Subscription No,20240070751 which expires on 10/18rZ=,is not for resale,is licensed for one-time use only,and MY Only be used in accordance with the AJA Contract Documents*Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.corn. User Moles: (6aadaOUDOWW883eltae) R - Document A133 - 2019 Exhibit B Insurance and Bonds Na This Insurance and Bonds Exhibit is part of the Agreement.between the 0 v era lid the Constriction Manager.dated the 2811 day of Septernber in the year 2026 ADD17I4NS AND DELETIONS: The author of this document may for the following PROJECT; have revised the text of the original AIA standard form,An Additions and Deletions Report that notes Additions&Renovations to King Opm House revisions to the standard form text is 427 Main Street available from the author and should Van Buren,AR 72956 be reviewed.A vertical line in the left margin of this document indicates where the author has added to of deleted from the original AIA text- THE OWNER: This document has important legal consequences.Consultation with an attorney is encouraged with respect City of Van Buren to its completion or modification. 1003 Broadway Street This document is intended to be Van Buren,AR 72936 used in conjunction with AIA Document A201111-2017,General Conditions of the Contract for THE CONSTRUCTION MANAGER: Construction.Article 11 of A201 TM- 2017 contains additional insurance provisions. Beshears Constriction,hic. P.O.Box 6299 Fort Smith,AR 72906 P.O.Box 6299 TABLE OF ARTICLES BA GENERAL B.2 OWNER'S INSURANCE B.3 CONSTRUCTION MANAGER'S INSURANCE AND BONDS BA SPECIAL TERMS AND CONDITIONS ARTICLE BA GENERAL The Owner and Construction Manager shall purchase and maintain insurance,and provide bonds,as set forth in this Exhibit.As used in.this Exhibit the terns General Conditions refers to AIA Document A201"' 2017.General Conditions of the Contract for Constniction. AIA Document A133-2019 Exhibit B.Copyrightil)2019,All rights reserved."The American Institute of Architects;"American Institute of Architects;''AIA.'the AIA Logo,and'AlA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:43 42 COT on 0918.12026 under Sulosaption No.20240070751 which expires on 101812026,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 docinfo@ajacontrarts.com. User Notes: (6aada13a67184117f8fd 14 ARTICLE B.2 OWNER'S INSURANCE §B1.1 General Prior to commencement of the Wor4 the Owner shall secure the insurance,and provide evidence of the coverage, required under this Article B.2 and,upon the Construction Manager's request,provide a copy of the property insurance policy or policies required by Section B.2.3.The copy of the policy or policies provided shall contain all applicable conditions,definitions,exclusions.and endorsements. B.2.3.3 Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure,the owner shall purchase and maintain,imfil,the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions,"all-risks-property insmance,on a replacement cost basis,protecting the existing structure against direct physical loss or damage from the causes of loss identified in Section B.2.3.I notwithstanding the undertaking of the Work.The Owner shall be responsible for all co-insurance penalties. 8.2.4.1 Loss of Use,Business Interruption,and Delay In Completion Insurance.to reimburse the Owner for loss of use of the Owner's property,or the inability to conduct normal operations due to a covered cause of loss. B.2.41 Ordinance or Law Insurance,for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition,construction, repair.replacement or use of the Project. B.2.4.3 Expediting Cost Insurance,for the reasonable and necessary costs for the temporary repair of damage to insured property,and to expedite the permanent repair or replacement of the damaged property. B.2.4.4 Extra Expense Insurance,to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred(hiring the same period of time had no loss or damage occurred. 8.2.4.5 Civil Authority Insurance,for losses or costs arising from an order of a civil authority prohibiting access to the Project,provided such order is the direct result of physical damage covered under the required property insurance. ALA Document A133—2019 Exhibit B.Copyright 0 2019.AM rights reserved,'The American Institute of Architects,' American Institute of Architects," Alk'the AJA Logo,and*AlA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15.43:42 CDT on 09/1812026 2 unde-(Subscription No,2024D070751 which expires on 10118t2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentO Terms of Service.To report copyright violations.e-mail docinfo@aiacontracts com, (6aadal3a671841 I Tf8fd1 499) User Notes: B.2.4.6 Ingress/Egress Insurance,for loss due to the necessary interruption of the insureds business due to physical prevention of ingress to,or egress from,the Project as a direct result of physical damage. B.2.4.7 Soft Costs Insurance,to reimburse the Owner for costs due to the delay of completion of the Work,arising out of physical loss or damage covered by the required property insurance: including construction loan fees.leasing and marketing expenses;additional fees.including those of architects,engineers,consultants,attorneys and accouivants,needed for the completion of the construction,repairs,or reconstruction-,and carrying costs such as property taxes,building permits, additional interest on loans,realty taxes,and insurance premiums over and above normal expenses. B2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating,a potential or actual breach of confidential or private information, B.2.5.2 Other Insurance ARTICLE B.3 CONSTRUCTION MANAGER'S INSURANCE AND BONDS 8.3.1 General B.3.1.1 Certificates of Insurance.The Construction Manager shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article B.3 at the follo,.ving times:(1)prior to commencement of thelVork.(2)upon renewal or replacement of each required policy of insurance:and(3)upon the Owner's written request.An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations,shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section B.3.2.1 and Section B.3.3,1.The certificates will show the Owner as an additional insured on the Construction Manager's Commercial General Liability and excess or umbrella liability policy or policies. J 8.3.1.2 Deductibles and Self-Insured Retentions.The Construction Manager shall disclose to the Owner any deductible or self-insured retentions applicable to any insurance required to be provided by the Construction Manager. §B.3.1.3 Additional Insured Obligations.To the fullest extent pernlitted by law.the Constaiction,Manager shah cause the coin mercial general liability coverage to include(1)the Owner,the Architect,and the Architect's consultants as additional insureds for claims caused in whole or in part by the Construction Manager's negligent acts or omissions during the,Construction Manager's operations:and(2)the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions for which loss occurs during completed operations.The additional insured coverage shall be primary and non-contributory to any of the Owner's general liability insurance policies and shall apply to both ongoing and completed operations.To the extent conunercially available,the additional insured coverage shall be no less than that provided by Insurance AIA DocturientA133—2019 Exhibit S.Copyright 0 2019.All rights reserved. The Amencan Institute of Architects,`*American Institute of Architects,' AlA'the AJA Logo,and'AJA Contract Documente are trademarks of The American Institute of Archtem.This document was produced at 15A3-42 CDT on 09/18M26 3 under Subscription No,20240070751 which expires on 1U1 812026,is not for resale,is licensed for one-time use only,and may only be used in accordance YAth the AIA Contract Documents",Terms of SeMce-To report copyright violations,e-mail docinfo@aiacontracts.com. Ustr Notts: (6aada1 3a67184117f8fdI 499) Services Office.Inc.(ISO)forms CG 20 10 07 04,CG 20 37 07 04.and,with respect to the Architect and the Architect's consultants.CG 20 32 07 04, B.3.2 Construction Manager's Required Insurance Coverage B.3.2.1 The Construction Manager shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12-12 of the General Conditions,unless a different duration is stated below: 8.3.2.2 Commercial General Liability 8.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than One Million Dollars(S 1,000,000.00)each occurrence.Two Million Dollars(S 2,000,000-00)general aggregate,and Two Million Dollars(S 2,000,000.00)aggregate for products- completed operations hazard,providing coverage for claims including .1 damages because of bodily injury,sickness or disease,including occupational sickness or disease, and death of any person: .2 personal injury and advertising injury; .3 damages because of physical damage to or destruction of tangible property,including the loss of use of such property; A bodily injury or property damage arising out of completed operations,and .5 the Construction Manager's indemnity obligations tinder Section 3.18 of the General Conditions. B.121.2 The Construction Manager's Commercial General Liability policy tinder this Section B.3.2.2 shall not contain an exclusion or restriction of coverage for the following: .1 Claims by one insured against another insured,if the exclusion or restriction is based solely on the fact that the claimant is an insured,and there would otherwise be coverage for the claim. .2 Claims for property damage to the Construction Manager's Work arising out of the products- completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. .3 Claims for bodily injury other than to employees of the insured. A Claims for indemnity tinder Section 3.18 of the General Conditions arising out of injury to employees of the insured. .5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language. .6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. .7 Claims related to residential,multi-family,or other habitational projects,if the Work-is to be performed on such a project. .8 Claims related to roofing,if the Work involves roofing. .9 Claims related to exterior insulation finish systems(EIFS).synthetic stucco or similar exterior coatings or surfaces,if the Work involves such coatings or surfaces. .10 Claims related to earth subsidence or movement,where the Work involves such hazards. .11 Claims related to explosion.collapse and underground hazards,where the Work involves such hazards. I B.32.3 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Construction Manager,with policy limits of not less than One Million Dollars(S 1,000,000.00)per accident,for bodily injury, death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. AIA Document Al 33—2019 Exhibit B.Copyright 0 2019 All rights reserved,'The American Institute of Architects,"Amencan Institute of Architects,''AIA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:43 42 CDT on 09118/2026 4 under Subscription No,20240070751 which expires on loll 8rA26,is riot 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 copyrkft violations,e-mail docinfo@ajacontracts.corn. User Notes: (6aada13a671841l7f8fd1499) §B.12A The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section B.3,2.2 and B.3.2.3,and in no event shall any excess or umbrella liability, insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. §B.325 Workers' Compensation at statutory limits, §8.3.2.6 Employers*Liability with policy limits not less than One Million Dollars(S 1,000,000.00 )each accident, One Million Dollars($ 1,000,000.00)each employee,and One Million Dollars (S 1,000,000.00)policy limit. j B.3.2.7 Jones Act,and the Longshore&Harbor Workers'Compensation Act,as required.if the Work involves hazards arising from work on or near navigable waterways,including vessels and docks §B.3.2.8 If the Construction Manager is required to furnish professional services as part of the Work,the Constriction Manager shall procure Professional Liability insurance covering performance of the professional services,with policy limits of not less than One Million Dollars(S 1,000,000.00 )per claim and One Million Dollars(S I,000,000.00 )in the aggregate. j B.3.2.9 If the Work involves the transport.dissemination,use,or release of pollutants,the Construction Manager shall procure Pollution Liability insurance,with policy limits of not less than (S )per claim and ($ )in the aggregate. §B.31.10 Coverage under Sections B.3.2.8 and B3.2.9 may be procured through a Combined Professional Liability and Pollution Liability insurance policy,with combined policy limits of not less than (S )per claim and (S )in the aggregate. §13.3.111 Insurance for maritime liability risks associated with the operation of a vessel,if the Work requires such activities.with policy limits of not less than ($ )per claim and (S )in the aggregate. §B.32.12 Insurance for the,use or operation of mourted or unmanned aircraft.if the Work requires such activities, with policy limits of not less than ($ )per claim and ($ )in the aggregate. §8.3.3 Construction Manager's Other Insurance Coverage §B.3.3.1 insurance selected and described in this Section B.3.3 shall be purchased from an insurance company or insurance companies lawtully,authorized to issue insurance in the jurisdiction where the Project is located.The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions,unless a different duration is stated below: (If the Constrtiction Manager is required to maintain a?jjY of the npes of insurance selected below for a duration other than the expiration of the period for correction q ra-afloi 0 of the di state §8.3.3.2 The Construction Manager shall purchase and maintain the following types and limits of insurance in accordance with Section B.3.3.1. (Select the types of hisurevice the Conmuction Afanager is required to purchase and inaintain b*vplachigmiXh? the box(es)next to the desrription4)ofselected insurance. Where policy Iftnits are provided, include the policy findt in the tippiopricile fill point.) ALA Document A133—2019 Exhiloit B.Copyright*2019.AN rights resented.'The American Insfitute of Architects,'American Institute of Architects,' AA,'the AlA Logo,and-AJA Contract DocumenW are trademarks Of The American Institute of Architects.This document was produced at 16A3:42 CDT on WM026 5 under Subscription No.20240070761 which expires on IM BQ026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA contract Documentss Terms of Service.To report copyright violations,e-mad docinfo@aiacontracts.com. (6a&da13a67184l17f8fdl499) User Natev B.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified ill Section B.2.3,vvhich,if selected in this Section B.3.3.2.I.relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section B.2.3.1.3 and Section B.2.3.3.The Construction Manager shall comply with all obligations of the Owner under Se ction.B.2.3 except to the extent provided below.The Construction Manager shall disclose to the Owner the amount of any deductible,and the Owner shall be responsible for losses within the deductible.Upon request.the Construction Manager shall provide the Owner with a copy of the property insurance policy or policies required.The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below: 8.3.3-2.2 Railroad Protective Liability Insurance,with policy limits of not less than per claim and (S )in the aggregate, for Work within fifty(50)feet of railroad property. B.3.3.2.3 Asbestos Abatement Liability Insurance,with policy limits of not less than ($ )per claim and ($ )in the aggregate,for liability arising from the encapsulation,removal.handling,storage, transportation,and disposal of asbestos-containing materials. B.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an"all-risks-completed value form. J 0.3.3.2.5 Property insurance on an-all-risks"completed value form,covering property owned by the Construction Manager and used on the Project, including scaffolding and other equipment. X I §B.3.3.2.6 Other Insurance Gist below anY other insurance coverage to be provided btu the Construction Manager and anY applicable linifts,) Coverage Limits Builders Risk I 009,,e GNIP 13.3.4 Performance Bond and Payment Bond The Construction Manager shall provide surety bonds,from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located,as follows: (SpecIA,ttpv and penal sion of bon&J Type Penal Sum($0.00) Payment Bond 100%GMP Performance Bond 1000116 G11P Payment and Performance Bonds shall be AIA Document A312TI-1,Payment Bond and Performance Bond,or contain provisions identical to AIA Document A312TI1,current as of the date of this Agreement. ARTICLE BA SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds ExhibiL if any,are as follows: AIA DocurnentA133-2019 Exhibit B,Copyright 02019,AN rights reserved,'The American Institute of Architects," American Institute of Archaects,"AJA,"the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:4142 COT an 09118026 6 under Subscription No,20240070751 which expires on 1011912026,is not for resale,is licensed for one-time use only,and may cart y be used in accordance with the AIA Contract DocumentsO Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com Lh*r Notes! (6eada1 3a671 a4117f8fd1 499)