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ARTICLE 1 GENERAL PROVISIONS § 1 .1 RELATIONSHIP OF PARTIES The Construction Manager accepts the fiduciary relationship of trust and confidence hereby established with the Owner by this Agreement, and covenants with the Owner to furnish the Construction Manager' s reasenabke best skill and judgment and to cooperate with the Architect in furthering the interests of the Owner. The Construction Manager shall furnish construction administration and management services and use the Construction Manager' s best efforts to perform the Project in an expeditious and economical manner consistent with the interests of the Owner. The Owner shall endeavor to promote harmony and cooperation among the Owner, Architect, Construction Manager and other persons or entities employed by the Owner for the Project. § 1 .2 GENERAL CONDITIONS For the Construction Phase, the General Conditions of the contract shall be the AIA® Document A201TM- 1997 , General Conditions of the Contract for Construction, as modified, which is attached and incorporated herein by reference. For the Preconstruction Phase, or in the event that the Preconstruction and Construction Phases proceed concurrently, A201TM 1997 A201TM- 1997, as modified, shall apply to the Preconstruction Phase only as specifically provided in this Agreement. The term " Contractor" as used in A291TM��A201TM- 1997 , as modified, shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER' S RESPONSIBILITIES The Construction Manager shall perform the services described in this Article . The services to be provided under Sections 2. 1 and 2 .2 constitute the Preconstruction Phase services . If the Owner and Construction Manager agree, after consultation with the Architect, the Construction Phase may commence before the Preconstruction Phase is completed, in which case both phases will proceed concurrently. § 2. 1 PRECONSTRUCTION PHASE § 2. 1 . 1 PRELIMINARY EVALUATION The Construction Manager shall provide a preliminary evaluation of the Owner ' s pr-egf fn and Project budget �� ' eh in terf , of4h edief requirements . § 2.1 .2 CONSULTATION The Construction Manager with the Architect shall jointly schedule and attend regular meetings with the Owner. The Construction Manager shall consult with the Owner and Architect regarding site use and improvements and the selection of materials, building systems and equipment . The Construction Manager shall provide recommendations on construction feasibility ; actions designed to minimize adverse effects of labor or material shortages ; time requirements for procurement, installation and construction completion ; and factors related to construction cost, including estimates of alternative designs or materials, preliminary budgets and possible economies . § 2. 1 . 3 PRELIMINARY PROJECT SCHEDULE When Project requirements described in Section 3 . 1 . t have been sufficiently identified, the Construction Manager shall prepare, and periodically update, a preliminary Project schedule for the Architect ' s review and the Owner' s approval. The Construction Manager shall obtain the Architect ' s and Owner' s approval of the portion of the preliminary Project schedule relating to the performance of the Architect' s services . The Construction Manager shall coordinate and integrate the preliminary Project schedule with the services and activities of the Owner, Architect and Construction Manager. As design proceeds, the preliminary Project schedule shall be updated to indicate proposed activity sequences and durations , milestone dates for receipt and approval of pertinent information, submittal of a Guaranteed Maximum Price proposal , preparation and processing of shop drawings and samples, delivery of materials or equipment requiring long-lead-time procurement, Owner' s occupancy requirements showing portions of the Project having occupancy priority, and proposed date of Substantial Completion . If preliminary Project schedule updates indicate that previously approved schedules may not be met, the Construction Manager shall make appropriate recommendations to the Owner and Architect. § 2 . 1 .4 PHASED CONSTRUCTION The Construction Manager shall make recommendations to the Owner and Architect regarding the phased issuance of Drawings and Specifications to facilitate phased construction of the Work, if such phased construction is appropriate for the Project, taking into consideration such factors as economies , time of performance , availability of labor and materials , and provisions for temporary facilities . AIA Document A121 TMCMc — 2003 and AGC Document 565. Copyright © 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING : This document Is protected by U.S. Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17 :00 :26 on 05/25/2005 under Order No. 1000126313_1 which expires on 6/29/2005, and is not for resale. User Notes : (3163795107)