Standard Form of Agreement Between Owner and Construction Manager Where the Construction Manager Is Also the Constructor; and Where the Basis of Payment Is the Cost of the Work Plus a Fee and There Is No Guarantee of Cost (76K)
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AIA DOCUMENT A131/CMC AND AGC DOCUMENT 566
STANDARD FORM OF AGREEMENT BETWEEN
OWNER AND CONSTRUCTION MANAGER
WHERE THE CONSTRUCTION MANAGER IS ALSO THE CONSTRUCTOR; AND WHERE THE BASIS
OF PAYMENT IS THE COST OF THE WORK PLUS A FEE AND THERE IS NO GUARANTEE OF
COST.
1994 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN
ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
THE 1987 EDITION OF AIA DOCUMENT A201, GENERAL CONDITIONS OF THE CONTRACT
FOR CONSTRUCTION, IS REFERRED TO HEREIN.
THIS AGREEMENT REQUIRES MODIFICATION IF OTHER GENERAL CONDITIONS ARE
UTILIZED.
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AGREEMENT
made as of the 1st day of June in the year of 1996
(IN WORDS, INDICATE DAY, MONTH AND YEAR)
BETWEEN the Owner: Lifecore Biomedical, Inc.
(NAME AND ADDRESS) 3515 Lyman Blvd.
Chaska, MN 55318-3051
and
the Construction Manager: Marshall Contractors, Inc.
(NAME AND ADDRESS) 2690 Perimeter Center East
Atlanta, GA 30346
The Project is:
(NAME, ADDRESS AND BRIEF DESCRIPTION) Phase 1-C:
Phase 2-A:
Phase 2-B:
Phase 2-C:
Lifecore headquarters in Chaska, MN
The Architect is: Facility Planning & Resources
(NAME AND ADDRESS) 2101 Greentree Road
Pittsburgh, PA 15220
The Owner and Construction Manager agree as set forth below.
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THIS DOCUMENT IS MODIFIED FROM THE AIA DOCUMENT 131/CMC AND AGC DOCUMENT 566-
1991 EDITION -AIA @1991-AGC@1991
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TABLE OF CONTENTS
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ARTICLE 1 GENERAL PROVISIONS
1.1 Relationship of Parties
1.2 General Conditions
1.3 Contract Sum, Contract Time and Changes in the Work
ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES
2.1 Preconstruction Phase
2.2 Control Estimate and Contract Time
2.3 Construction Phase
2.4 Professional Services
2.5 Unsafe Materials
ARTICLE 3 OWNER'S RESPONSIBILITIES
3.1 Information and Services
3.2 Owner's Designated Representative
3.3 Architect
3.4 Legal Requirements
ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
4.1 Compensation
4.2 Payments
ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
5.1 Compensation
5.2 Change in the Work
ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE
6.1 Costs To Be Reimbursed
6.2 Costs Not To Be Reimbursed
6.3 Discounts, Rebates and Refunds
6.4 Accounting Records
ARTICLE 7 CONSTRUCTION PHASE PAYMENTS
7.1 Progress Payments
7.2 Final Payment
ARTICLE 8 INSURANCE AND BONDS
8.1 Insurance Required of the Construction Manager
8.2 Insurance Required of the Owner
8.3 Performance Bond and Payment Bond
ARTICLE 9 MISCELLANEOUS PROVISIONS
9.1 Dispute Resolution for the Preconstruction Phase
9.2 Dispute Resolution for the Construction Phase
9.3 Other Provisions
ARTICLE 10 TERMINATION OR SUSPENSION
10.1 Termination Prior to the Owner's Approval of the Control Estimate
10.2 Termination Subsequent to the Owner's Approval of the Control
Estimate
10.3 Notice of Termination
10.4 Suspension
ARTICLE 11 OTHER CONDITIONS AND SERVICES
2
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STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION
MANAGER WHERE THE CONSTRUCTION MANAGER IS ALSO THE CONSTRUCTOR
ARTICLE 1
GENERAL PROVISIONS
1.1 RELATIONSHIP OF PARTIES
The Construction Manager accepts the relationship of trust and confidence
established with the Owner by this Agreement, and covenants with the Owner to
furnish the Construction Manager's reasonable 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
1987 Edition of AIA Document A201, General Conditions of the Contract for
Construction, as modified by the parties, which is incorporated herein by
reference and attached hereto as Exhibit "A" and which shall apply except as
specifically noted in this Agreement. For the Preconstruction Phase, including
Preconstruction Phase activities which proceed concurrently with the
Construction Phase, AIA Document A201 shall not apply except as specifically
provided in this Agreement. If anything in AIA Document A201 is inconsistent
with or is modified by this Agreement, this Agreement shall govern.
Modifications of AIA Document A201 by this Agreement shall not apply to
Subcontractors except as provided in Paragraph 2.5 of this Agreement. The term
"Contractor" as used in AIA Document A201 shall mean the Construction Manager.
1.3 CONTRACT SUM, CONTRACT TIME AND CHANGES IN THE WORK
The Contract Sum is the total Cost of the Work as described in Article 6,
plus the Construction Manager's Fee as set forth in Article 5. The Contract
Time is the duration from the date of commencement of the Construction Phase
until the date of Substantial Completion. Changes in the Work shall be
governed by Paragraph 5.2 of this Agreement and not by Article 7 of AIA
Document A201. If, however, the Contract Time has been established in
accordance with Clause 2.2.4.5 of this Agreement, adjustments to the Contract
Time shall be made in accordance with Article 7 of AIA Document A201.
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