2021-02-23_PERMIT FILE - M2021014 (3)

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LJUI.UJIylI CI IVCIUlJC IL.I.VUOLJIUOr-I.LOCWL I U-M0LJU-LJ00r!\_.JOUCMI., f status, bankruptcy, inability to perform, organizational conflict of interest, or other such significant cause. In order to secure the Principal Representative's approval after award of any change to the Contractor's Key Personnel, a written request shall be forwarded to the Principal Representative for consideration as soon as possible after the event. The request shall include: a) the nature of the desired change, b) the reason for the desired change, and c) a statement of how the desired change will meet the required qualifications for the position/responsibility. No such modification will be made without prior approval by the Principal Representative. 1.3 The Contractor agrees to cooperate fully with the Principal Representative in the Design Services and LLTP aspects of the Work to keep within the Fixed Limit of Construction Cost. 1.4 The Contractor understands the relationship of trust and confidence established between it and the Principal Representative and accepts those responsibilities as described in this Agreement. The Contractor covenants with the Principal Representative to furnish its best skill and judgment and to cooperate with the Design Consultant in furthering the interests of the Principal Representative. The Contractor agrees to furnish efficient business administration, project management, and superintendence and to use its best efforts to complete the work in an expeditious and economical manner consistent with the interests of the Principal Representative. 1.5 The Contractor, the Principal Representative, and the Design Consultant (collectively, the "Project Team") shall work together during the Preconstruction Phase through to the acceptance of all LLTP CAPs and Construction CAPs. The Contractor shall provide leadership to the Project Team on all matters relating to construction. 1.6 The Contract Documents shall not be deemed to create any contractual relationship between the Design Consultant and the Contractor or any separate contractors, Subcontractors of any tier or suppliers on the Project; nor shall anything contained in the Contract Documents be deemed to give any third party any claim or right of action against the Principal Representative, the Design Consultant or Contractor which does not otherwise exist without regard to the Contract Documents. 1.7 The Work of the Contractor shall consist of its Work in connection with the Preconstruction Phase. The Preconstruction Phase of the Contractor's Work shall be parallel and coincidental with the Field Inspection Review ("FIR"), Final Office Review ("FOR"), and final Preconstruction Phase of the Design Consultant's services for each Bid Package. As the Bid Packages are prepared and prices are established for the Work to be performed within each respective Bid Package, the Parties contemplate that: 1.7.1 The procurement of any LLTP by Contractor shall be approved by the Principal Representative through a contract amendment to this Agreement (with corresponding adjustments to the Contract Sum and/or Term) and subject to the issuance of a Notice to Proceed to Commence LLTP; and 1.7.2 The Work to be performed by the Contractor during the Construction Phase shall be approved and paid for by the Principal Representative through construction contracts separate from this Agreement and modified for CM/GC projects to incorporate the Bid Packages, Bonds, Certificates of Insurance, LLTP CAP and Construction CAP proposals, and all other contract documents required for the construction contracts. 1.8 The intent of the Contract Documents is to include all items and services necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents shall be required unless it is not consistent therewith and is not reasonably inferable therefrom as being necessary to produce the intended results. Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance Page 3 of 75