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Agenda - Council - 10/28/2025
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Agenda - Council - 10/28/2025
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11/6/2025 4:50:23 PM
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Council
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10/28/2025
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Init. <br />otherwise included in the Cost of the Work under Section 13.1.5.1. To the extent that the Owner elects to take legal <br />assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a <br />condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such <br />steps, including the legal assignment of such subcontracts and other contractual rights of the Constmction Manager, as the <br />Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager <br />under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the <br />Construction Manager will contain provisions allowing for assignment to the Owner as described above. <br />§ 13.1.6.1 If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the <br />Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order <br />or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been <br />terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that <br />would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will <br />terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs <br />necessarily incurred by the Construction Manager because of such termination. <br />§ 13.2 Termination or Suspension Following Execution of the Guaranteed Maximum Price Amendment <br />§ 13.2.1 Termination <br />The Contract may be terminated by the Owner or the Constmction Manager as provided in Article 14 of AIA Document <br />A201-2017. <br />§ 13.2.2 Termination by the Owner for Cause <br />§ 13.2.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201-2017, the <br />amount, if any, to be paid to the Construction Manager under Article 14 of AIA Document A201-2017 shall not cause the <br />Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: <br />.1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; <br />.2 Add the Construction Manager's Fee, computed upon the Cost of the Work to the date of termination at the <br />rate stated in Section 6.1 or, if the Construction Manager' Fee is stated as a fixed sum in that Section, an <br />amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination <br />bears to a reasonable estimate of the probable Cost of the Work upon its completion; <br />.3 Subtract the aggregate of previous payments made by the Owner; and <br />.4 Subtract the costs and damages incurred, or to be incurred, by the Owner under Article 14 of AIA <br />Document A201-2017. <br />§ 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the <br />election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is <br />not otherwise included in the Cost of the Work under Section 13.2.2.1.1. To the extent that the Owner elects to take legal <br />assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a <br />condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such <br />steps, including the legal assignment of such subcontracts and other contractual rights of the Constmction Manager, as the <br />Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager <br />under such subcontracts or purchase orders. <br />§ 13.2.3 Termination by the Owner for Convenience <br />If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201-2017, then <br />the Owner shall pay the Construction Manager a termination fee as follows: <br />(Insert the amount of or method for determining the fee, if any, payable to the Construction Manager following a <br />termination for the Owner's convenience.) <br />§ 13.3 Suspension <br />The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017; in such case, the <br />Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document <br />A201-2017, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in <br />Sections 6.1 and 6.3.5 of this Agreement. <br />AIA Document A133 — 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," <br />"AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 10:24:29 ET on 21 <br />10/16/2025 under Order No.4104243742 which expires on 12/31/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with <br />the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. <br />User Notes: (846025776) <br />
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